Tasmanian State Election 2018: Push to lift polling day news ban

THE major parties have pledged to review a law that could land Mercury staff in jail for three months for publishing political news on election day.

Then-opposition leader Will Hodgman casts his vote at City Hall at the 2014 State Election.

THE major parties have pledged to review a law that could land Mercury staff in jail for three months for publishing political stories on election day.

Section 198 of the state’s Electoral Act of 2004 prevents campaign advertising in newspapers on polling day, along with comment on candidates and issues — meaning any news coverage. The maximum penalty for breaching the rules is a fine of $15,900 or three months’ jail.

The rule means the Mercury will not be able to do its job and inform readers of the latest election news on Saturday, when Tasmanians go to the polls.

ELECTORAL ACT 2004

s198. Campaigning on polling day

(1) A person must not, on the polling day fixed for an election, or on a day to which the polling for an election has been adjourned –

(a) distribute any advertisement, "how to vote" card, handbill, pamphlet, poster or notice containing any electoral matter; or

(b) publish or cause to be published in a newspaper –

(i) an advertisement for or on behalf of, or relating in any way to, a candidate or party; or

(ii) a matter or comment relating to a candidate or a question arising from, or an issue of, the election campaign.

Penalty: Fine not exceeding 100 penalty units or imprisonment for a term of 3 months, or both.

(2) Subsection (1) does not apply to any matter printed, published or distributed by the Commission or the Commissioner in the course of promoting public awareness of elections and parliamentary matters.

Source: legislation.tas.gov.au

Butler McIntyre & Butler lawyer Daniel Zeeman said the law was outdated in the age of digital and online media.

“The fact that the modern world of transmitting information, including by social media, is far different, even since 2004, demonstrates that it is high time that the provisions of the Electoral Act 2004 were revisited with a view to establishing an even playing field,” Mr Zeeman said. “At present the Mercury and other ‘newspapers’ are singled out for special treatment ... in a way that seems to have no proper or relevant basis.”

Tasmania is the only state to persist with such a law, which does not apply to electronic or social media.

Another section of the Act, preventing the use of candidates’ names or photographs, has also caused issues in past campaigns.

A Liberal Party spokesman said the relevance of both sections needed to be reconsidered in the age of Facebook and Twitter.

“A re-elected majority Hodgman Liberal Government would look to update these sections,” he said.

Opposition Leader Rebecca White said Labor would also look at the provisions.

“There are a number of elements of the Electoral Act which have been exposed as outdated or cumbersome in this election,” Ms White said.

“Labor does see merit in reviewing the Act and making changes where required.”

Meanwhile, WIN Television is looking into how political advertisements from both major parties were broadcast during its news bulletin on Thursday night.

Federal laws prevent political advertising being broadcast past midnight on the Wednesday before an election.