Electoral Commission clears influencer Abbie Chatfield of wrongdoing

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The Australian Electoral Commission has cleared Abbie Chatfield of any wrongdoing after it reviewed whether her combined posts with Prime Minister Anthony Albanese and Greens leader Adam Bandt breached laws.

Acting electoral commissioner Jeff Pope told Senate estimates last week he would review whether Chatfield’s posts with the party leaders should have an authorisation message. Content endorsing candidates or instructing people how to vote is legally required to include this, although news media outlets are exempt.

Abbie Chatfield has interviewed both the prime minister and the leader of the Greens on her podcast.

Clips of Chatfield’s separate interviews with Albanese and Bandt appeared on both her own and the respective leader’s Instagram. The videos included a summary of Labor’s Medicare policies while criticising the Liberal Party. Another post showed her describing Bandt as an “incredible leader”.

On Wednesday, the AEC confirmed it was reviewing the posts, and on Thursday found Chatfield’s podcast did not need an authorisation statement.

Influencers have been courted by politicians trying to reach different voters for this federal election, as the commission’s finding serves as a test case on content creators being classified as news media.

A spokesperson for the AEC acknowledged Chatfield’s content could appear as influencing people how to cast their votes, but found no evidence of her receiving a monetary benefit or that Albanese and Bandt were paid to appear on the show.

“In addition, questions put to both interviewees were sourced from the podcast’s audience. There is no evidence that either Mr Albanese or Mr Bandt had creative control in relation to the questions that were asked,” a spokesperson for the commission said.

Authorisation messages on political content gives the AEC further powers to enforce transparency and help consumers understand who created or funded the political messaging.

“The dominant purpose test” – which is a list of circumstances when content is more likely to be political opinion rather than a news account – was applied to Chatfield’s podcasts.

Conditions of the test include determining if it contains an express or implicit comment on a political entity, tells consumers how to order voting preferences, or if the content is communicated publicly by a political entity.

The Electoral Commission also gave direct advice to social media influencers as it noted the larger role they had informing and educating people about politics and Australia’s electoral system.

“If an influencer, podcaster or content creator is paid to communicate the electoral matter, the communication must be authorised,” the spokesperson said.

“If an influencer, podcaster or content creator is communicating the electoral matter by or on behalf of a political entity (e.g. a candidate or party) or some other disclosure entity (e.g. a registered significant third-party or associated entity), the communication must be authorised.”

Content creators came under the spotlight after about a dozen were invited to the federal budget last week. The Labor Party confirmed some had travel and accommodation costs covered, but they were not instructed on what to produce.

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