VEC denies targeting Andrew Bogut over political post

One legal expert said the electoral commission’s “targeting” of Andrew Bogut was a “chilling infringement on freedom of speech”.

Victoria’s electoral commissioner has doubled down on a warning letter sent to basketball champion Andrew Bogut.

Legal experts have accused Victoria’s electoral commission of attempting to shut down free speech after it threatened to prosecute basketball star Andrew Bogut.

Bogut, who isn’t affiliated with any political party and vowed to continue speaking out, said he was deeply concerned by the letter, which threatened him with prosecution after he posted critical content about the government’s pandemic laws.

It came in response to a ­social media post opposing the government’s pandemic legislation that featured the words “vote them out”, and directed people to a website by the same name.

Barrister Paul Hayes, QC, said key to the issue was who requested the VEC to investigate the Twitter post.

“It would be truly alarming if the complainant is now seeking to quell free speech or the expression of an individual of genuine political views as part of the public discourse, especially if the person making the complaint was a politician or affiliated with a political ­entity,” he said.

Andrew Bogut said he received a warning from the VEC over his social media post. Picture: Getty Images

Mr Hayes said the VEC’s threat seemed misconceived because, under current legislation, an offence was only committed if it occurred in a “relevant period”.

“It’s as clear as daylight that it is Andrew Bogut who is making the comment and it’s his own opinion, and is not for or on behalf of any other person or entity, and in respect of an election that’s not going to happen until the end of the year.”

Electoral commissioner Warwick Gately hit back at claims Bogut was indiscriminately targeted.

“If a person publishes that opinion and it is intended or likely to affect how a person votes in an election, it must be properly authorised,” he said.

Mr Gately said in the wake of the 2020 local government elections, 244 complaints about lack of authorisation across ­social media, print and billboards had been followed up.

“Mr Bogut has not been targeted or treated any differently to anyone else. It’s quite simple really, all he needs to do is to add his name and an address, which can be a business address. End of story.”

In September, a Victorian parliamentary electoral committee called for an overhaul of the Electoral Act to make clear that authorisation statements were not required for personal political comment on social media.

Morgan Begg, director of the Legal Rights Project at the Institute of Public Affairs, said he was concerned by the matter. “The targeting of Andrew Bogut is a chilling infringement on freedom of speech,” he said. “This sets a shocking precedent. The VEC is attempting to send a message to every Victorian that independent thought is not allowed.” 

But Premier Daniel Andrews refused to be drawn on the issue. “I’m not really a follower of his social media,” he said. “Those matters were a matter for the Victorian Electoral Commission, as they should be.”