By Rex Martinich
A judge has doubled former Liberal MP Andrew Laming’s penalty for posting illegal election campaign messages on Facebook, lifting the total fine to $40,000.
The Federal Court in August 2023 found Laming contravened the Commonwealth Electoral Act via three social media posts.
The posts on the “Redland Hospital: Let’s fight for fair funding” Facebook page between December 24, 2018 and May 5, 2019 were not authorised with his name and area of residence, the court found.
Former federal Liberal MP and Redland mayoral candidate Andrew Laming.Credit: Sam Mooy - Getty
Laming at the time was a federal MP seeking re-election for the seat of Bowman, south-east of Brisbane, which was ultimately successful.
Laming was previously ordered to pay $20,000 in penalties but the Australian Electoral Commission appealed based on the claim the former MP had committed 28 contraventions of laws due to the number of people who saw the Facebook posts.
Federal Court Justice John Logan on Friday ruled that Laming did contravene the Electoral Act 28 times through the Facebook posts but they represented just three courses of conduct.
However, Justice Logan found Laming should pay $40,000 as “the need for a penalty which will act as a general deterrent is overwhelming” due to the unprecedented power of the internet during election campaigns.
Laming’s posts included a “fact check” that he had boosted funding of the Redland Hospital by $77 million and a comparison with Labor Party and Liberal National Party health spending accompanied by the caption “Know anyone supporting Labor. Send them this”.
Justice Logan said the electoral commissioner could monitor online posts during elections.
But he added: “it is an inescapable conclusion that a vast commitment of public resources ... would be needed to monitor the internet and analyse and investigate for suspected contraventions”.
“That calls for penalties to be fixed at a level that puts an economically unacceptable price on contravening conduct, of chancing one’s hand as it were, on the internet,” Justice Logan stated.
Laming had filed his own appeal, arguing the original ruling on penalties was “so unreasonable or plainly unjust” that he should not face any fines.
Laming’s appeal was dismissed by Justice Logan on Friday.
He has 30 days to pay the fine.
AAP