Election 2025: AEC clarifies rules of using social media influencers

The Australian Electoral Commission has clarified its rules for politicians using influencers and social media content.

Unpaid electoral content from individuals or organisations not affiliated with a political party or candidate typically does not require authorisation – unless it involves payments, gifts-in-kind, or is distributed on behalf of a political entity.

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The Australian Electoral Commission has clarified its rules for using social media content as the involvement of influencers and digital creators intensifies ahead of the federal election.

The “additional guidance” by the AEC sets out when political content shared online by influencers must include an official authorisation statement under electoral law – and when it doesn’t. According to the AEC, unpaid content from individuals or organisations not affiliated with a political party or candidate typically does not require authorisation – unless it involves payments, gifts-in-kind, or is distributed on behalf of a political entity.

The clarification comes after the AEC cleared Abbie Chatfield of breaching electoral laws after a review of multiple social media posts. The review was sparked after Liberal senator Jane Hume flagged the posts with acting electoral commissioner Jeff Pope last week.

Cross-posting – where a political party republishes someone else’s content – may trigger an authorisation requirement for the political entity sharing the material. The AEC said it was now communicating with political parties and candidates to ensure these technical nuances were understood and adhered to.

It said that overall compliance with authorisation requirements had been strong so far, with most breaches quickly rectified once identified. However, the timeliness of addressing issues will become a focus as the election draws closer.

Separately, the AEC has asked Meta to remove advertisements from the campaign group Your Union Your Choice due to their failure to include the legally required authorisation for paid electoral material.

‘Your Union Your Choice’ was launched by former CFMEU officials who were removed from their positions after the union was placed into administration last year.

The AEC said it had repeatedly engaged with the campaign and provided ample opportunity for it to comply with authorisation requirements, but the ads remained unauthorised.

The AEC was still assessing whether the group currently meets, or will soon meet, the threshold for registration and/or disclosure under the Commonwealth Electoral Act.

Registering as a financial disclosure entity is separate to the requirements around authorising electoral spending, the AEC said, with certain entities that incur electoral expenditure having to register with the AEC as a significant third party or associated entity.