Tasmania’s outdated electoral blackout laws under review
THE State Government is considering reforming a law that can land newspaper staff in jail for publishing stories about politics on election day.
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THE State Government is considering reforming a law that can land newspaper staff in jail for publishing stories about politics on election day.
New Attorney-General Elise Archer says the re-elected Hodgman Government is reviewing the state’s Electoral Act, which bans comment on candidates and issues in newspapers on polling day.
The maximum penalty for breaching the rules is a fine of $15,900 or three months jail.
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 caused issues in past election campaigns.
“Some provisions of the Electoral Act have arguably not kept pace with contemporary standards, including rapidly changing technologies,” Ms Archer told the Mercury.
“The Government is considering what improvements are needed, especially rules that restrict free speech and we will have more to say on this shortly.”
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It is understood that a wideranging review will consider the impact of social media since the Act was passed in 2004.
Both major parties committed to reviewing the Act’s archaic provisions during the recent state election campaign.
Upper House members, lawyers and union the Media, Entertainment and Arts Alliance have backed the move.
The Mercury published a front page apologising to readers for its inability to cover politics on election day last month.
EDITORIAL: AN APOLOGY TO OUR READERS
“This law bans you from being fully informed on election day,” the Mercury wrote.
“And that’s undemocratic.”
The front page gained national attention from other media outlets including the ABC and Sky News.
Independent senator and former radio host Derryn Hinch described the law as “Neanderthal”.
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 rule was originally adopted to provide clear air for voters making their decision on election day, but relies on a definition of newspapers established in 1911.
Section 196 prevents the use of candidates’ names or photographs without permission.
david.beniuk@news.com.au
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