ABC Indigenous voice to parliament art is misleading, says Matt Canavan

The AEC is being urged to investigate the national broadcaster after the ABC was accused of displaying a graphic that may mislead voters to cast an illegitimate vote in the upcoming voice referendum.

Nationals senator Matt Canavan. Picture: Aaron Francis

The Australian Electoral Commission is being urged to investigate the national broadcaster after the ABC was accused of displaying a graphic that may mislead voters to cast an illegitimate vote in the voice referendum.

Nationals senator Matt ­Canavan has made a formal complaint after the ABC News website displayed a graphic of the Uluru Statement of the Heart with an image of a tick and a cross embossed over it as part of the organisation’s coverage.

Peter Dutton has sought a last-minute change to how ­referendum votes are counted, saying it is “outrageous” that a tick can be accepted as a Yes vote but a cross will not be accepted for No.

For more than 30 years across multiple referendums, the AEC has relied on legal advice that a tick on a ballot paper can’t be disputed as a Yes vote and so can be counted, but a cross ­cannot. The advice has been repeatedly sought and reaffirmed ­because federal parliament’s referendum machinery legislation states the AEC must count a ­ballot paper if the voter’s intention is clear.

However, in a letter written to the AEC, seen by The Australian, Senator Canavan called on the body to investigate the ABC’s use of the image.

He suggested the ABC might have breached the Commonwealth Electoral Act, arguing the broadcaster should have known that a cross would not be counted as an eligible vote.

“I write in regard to content on the ABC News website which would appear to meet a threshold you have previously set for issuing warnings about misleading communications under the Commonwealth Electoral Act 1918,” Senator Canavan said.

“I respectfully ask that you look into this matter and consider whether a similar warning should be issued to the ABC about the past or any future use of this image.

“The ABC’s use of a cross may mislead or deceive an elector to believe that a cross on his or her ballot may be a legitimate vote.”

ABC election analyst Antony Green on Monday said he would seek information from his employer about who was responsible for the graphic and get it changed. It was subsequently taken down from the website.

Senator Canavan said he ­remained concerned that the ABC might continue to use the image and the AEC could issue the broadcaster a warning to “provide confidence that ABC News would not use this image, or others like it, in the future”.

The ABC was contacted for comment.