A deepfake is a video, image, or audio recording that depicts somebody doing or saying something they didn’t do or say.

Some deepfakes might be obvious – many are not actually trying to deceive people but rather making a point and some are even designed as an obvious satire. Other deepfakes can be more subtle and could be designed to mislead voters into thinking that a person did or said something that never happened.

While the technology for deepfakes has been around for a few years, recent advances in Artificial Intelligence technology have made it a lot easier for individuals to create them.  

Are deepfakes legal?

The use of the technology is not banned in election campaigning. However, like any electoral communication, the legality of creating and distributing a deepfake depends on the content.

The Commonwealth Electoral Act requires electoral communication like videos and audio recordings to be authorised by the individual or entity communicating. If these authorisation messages aren’t present, the AEC can investigate and take further action.

Many social media platforms have Terms of Use, which may ban the use of deepfakes. If you see something online that you believe breaches a platform’s Terms of Use, you should report it via the social media platform. Deepfakes that mislead or deceive voters about the act of casting a vote may be in breach of the Electoral Act. If you encounter a deepfake that discusses the act of voting, you can report it to the AEC.

It’s up to every campaigner at this election to Stop and Consider before using an AI tool, and to think carefully about the expectations of voters in particular.

How can I spot a deepfake?

It can be difficult, and you shouldn’t feel silly if you don’t spot a deepfake at first. They’re designed to look and sound realistic.

The CSIRO suggests a few things to look out for:

If you’re watching a video, check that the audio matches the lip movement for whoever is speaking.

Look for odd things like unnatural blinking, strange lighting or shadows, or a facial expression that doesn’t match the emotional tone of the speech

For images, look for strange features like earrings that are different on each side, or one eye being larger than the other. Some older models of AI tools also struggle to produce hands with the correct number of fingers.

When listening to audio, focus on the tone of a speaker’s voice. Do they sound emotionally flat? Does the way that they speak change as they reach the end of a sentence?

Check the facts

The most important thing you can do is check the facts. If you encounter video, an image or audio that depicts something momentous or unusual – even if it’s something that fits with your own political beliefs – it’s always a good idea to check to see if the story is being reported by other sources, and reliable sources, before you share something that might be fake.

Further information

The AEC has provided a comprehensive overview of the environment of AI and elections for people to get further contextual information.

When it comes to truth in election campaigning, there’s only one judge that matters – you, the voter.

Is it illegal to lie in election campaigning?

No. There are no laws relating to truth in election campaigning. While Parliament has discussed potential legislation in this space recently, it has not been passed into law.

Why are campaigners allowed to tell lies?

Politics has always been a contest of ideas, and that’s especially true during an election campaign. While it’s fair to say that some claims may be able to be definitively shown to be true or false, many are more subjective.  

Examples include speculation about what a candidate may or may not do if elected. Such a claim could not be definitively proven or disproven at the time of the claim, if ever.

Has this always been the case?

Yes. The technology used as part of election campaigning has changed but the messages are still only as effective as the person behind the keyboard.
The voter’s role also remains the same – to stop and consider what you’re hearing or seeing.

Why did the AEC argue not to regulate truth in election campaigning?

We didn’t, and we don’t hold a view on whether Parliament should or should not introduce laws in this space. That’s their job to consider, not ours. The AEC put forward the view that, if introduced, truth in election campaigning laws should not be administered by the AEC.

The AEC is an impartial electoral umpire with a requirement to conduct elections apolitically. Requiring the AEC to comment on, or judge, the accuracy of statements made by campaigners during an election would likely infringe on perceptions of the AEC’s political neutrality.

Political parties and candidates often have a specific colour as part of their established branding. However, on occasion a political party or candidate may choose to use another colour – this could include a colour that resembles the branding of another party or candidate, the purple colour commonly associated with the AEC or something else. Such occurrences have led to enquiries and complaints in previous federal elections and referendums.

Is it legal?

Yes. While there are strong associations for certain political parties or candidates with particular colours, no one individual or entity can legally own a colour.

How are colours used in ways that could mislead?

The use of a colour commonly associated with another party or group is something that has occurred in the past in pamphlets, the branding on how-to-vote cards and within mainstream political advertising.

What is the intent?

This is a question that a discerning voter should ask themselves. Is it inadvertent or deliberate? Does it affect how you’d vote or is the message contained within the communication more important?

How do I know who is communicating?

Check the authorisation. It is a legal requirement to provide an authorisation statement on political campaigning products such as pamphlets and how-to-vote cards. Perhaps search other verified sources of information to see what the candidate distributing the material stands for.

What about material using the AEC’s colour purple?

The AEC is well known for using purple in our branding, and in our duties as the electoral administrator that delivers federal elections. The AEC has been clear over a number of years in communicating our preference that campaigners do not use the combination of colours purple and white in such a way that could be misleading. However, we do not have any legal authority to prevent people from using particular colours.

Use of the colour purple on campaign signage has been the subject of a previous court judgement. This 2019 matter is summarised in a fact sheet on the AEC website.

Most candidates and political parties distribute campaign messages to voters in advance of an election period. This has often included in-person campaigning, signage, advertising, media engagement and social media content. 

Is it legal?

Yes. There is no time limit on when a candidate or party can campaign for a federal election.

How can they campaign before being formally nominated?

Candidate nominations don’t open until after an election date has been announced. Candidates are then not formally declared by the AEC until well into the election period.
This does not stop people from campaigning prior to this point.

What about Government policies or advertising?

The AEC does not have any role in relation to the announcement of, or communication about, the programs or activities delivered by the Government or any parliamentarian.

What about parliamentarians using taxpayer-funded travel to campaign ahead of an election?

Parliamentarians travel regularly for a range of reasons. They also comment on a variety of matters when facing the media or in the conduct of their parliamentary duties. The AEC does not regulate parliamentary travel.

You may receive a text message, telephone call or email from a political party – this could be a campaign message or a survey of voting intentions.

Is it legal?

Yes. The Australian Communications and Media Authority (ACMA) has previously advised that the SPAM Act and Do Not Call Register Act don’t apply to registered political parties.

Political parties are also not subject to the requirements of the Privacy Act 1988.

How do they get the contact details of voters?

Not from us.

The AEC does not disclose the telephone numbers of electors and has no knowledge of where or how a registered political party obtains the contact details of voters.

What is the intent?

Like any campaign messages, candidates and political parties are providing messages to help inform how you might vote.

As always, your role as a voter is to Stop and Consider the things you are seeing and hearing. We always encourage people to check multiple sources, and trusted sources, to appropriately inform yourself ahead of casting your vote.  

How can it be stopped?

The AEC understands that some people will be unhappy with receiving unsolicited bulk communication from a political party. However, both ACMA and the AEC can only act on laws in place, which predominantly don’t prohibit such activity.

The avenue available is to communicate with the person or entity that the material has come from to request your removal from their communication, or to contact your local member of parliament with a suggestion to change the law.

Political parties often encourage voters to apply for a postal vote through them, rather than applying directly through the AEC.

This has often occurred through material distributed to people’s mailbox. However, in recent times it has also occurred through party-run websites.

Is it legal?

Yes, it is both legal and a long-running practice of many political parties.

Are parties handling ballot papers?

No, it is an application only. In the case of a party-run postal vote website, it is not even an application but rather a simple collection of personal information before redirecting the applicant to the AEC website.

Once the completed application has been received by the party, they then must forward it to the AEC for processing. The AEC sends and receives every postal voting ballot paper.

Why do political parties do it?

Seemingly, the activity is a way of collecting personal information for future campaigning efforts.

People have a right to know what they’re doing with their personal data. The AEC takes privacy seriously and operates under the Privacy Act, political parties don’t have to.

What other issues are there with it?

At times, political parties have not forwarded completed applications to the AEC as quickly as the AEC would like. This has put pressure on our ability to get people their postal vote in time.

In addition, we have previously seen incorrect postal vote applications forms used by a political party – creating a risk that voters could miss out on their vote.

Why doesn’t the AEC do anything about it?

We can’t. It is legal.

We have consistently communicated our belief that, while legal, it is misleading conduct. We’ve also regularly communicated that voters should attend an in-person voting venue if they can. If you need a postal vote, we encourage you to apply directly through the AEC. Whether you do or not is entirely your choice.  

Electoral laws do not require campaign material to display a party logo or specific branding.

However, an authorisation statement is required. This, and any research you may undertake after seeing a piece of election campaigning material, can be used to ascertain the source of the material.

Why wouldn’t campaign material feature a logo or branding commonly associated with the source?

That is a question you may want to ask yourself in your research regarding different candidates and parties prior to casting your vote.

As with all campaign material, stop and consider what you’re seeing or hearing.

Voters decide their own preferences, not candidates or parties.

A how-to-vote card (or HTV) is something often handed out to voters as they enter a polling place – it is an indication of how a particular candidate or party would like you to mark your ballot paper. Take it or don’t – it’s up to you. You don’t have to follow a how-to-vote card.  

What about ‘preference whispering’ or group voting tickets?

There is no such thing as a group voting ticket in Australian federal elections.

They used to exist for Senate contests, but electoral laws changed prior to the 2016 federal election. The power of preferences is in the hands of you, the voter.

What about a card advising ‘how to vote for party A, B or C’?

In past elections, there has been how-to-vote cards distributed by a political party that advocates putting their party as the second preference if a voter is considering voting for other parties as their first preference.

People have complained about this form of communication being potentially misleading. Depending on the form of the communication, and if there is an authorisation statement present, this is likely to not breach electoral laws.

Electoral laws do not prohibit a candidate or party from encouraging people to make them a voter’s second preference. The authorisation statement allows you to see who is communicating with you. As always, you should stop and consider the source of the message.

Entering a polling place has sometimes been referred to as ‘running the gauntlet’ due to the amount of signage and political campaigners that are often outside the venue.

Campaigning cannot occur within six metres to the entrance of a polling place. Outside of that, there is no restriction in electoral laws.

I don’t like it. Why can it occur?  

We understand that people have mixed feelings about the atmosphere at voting venues but campaigning outside of venues is allowed. You don’t have to pay attention to, or take, campaign material if you don’t want to.

What if campaigners are acting inappropriately or aggressively?

By and large, the behaviour of political campaigners is positive – in fact, despite the political differences you’ll often see campaigners from different sides of politics enjoying one another’s company outside a voting venue.
If there is behaviour that is inhibiting the ability of voters to access a polling place, then our staff will discuss these matters with campaigners in an effort to resolve the issue. Most often, a resolution is able to occur. If there is violence or other issues that may be a police matter then our staff may contact the local police.

Is there a limit to the amount of signage or plastic bunting, or priority given?

No. The AEC does not limit signage outside of six metres from the entrance to the polling place. It is also not the AEC’s role to afford campaigners with an equal share, or priority placement, of election signage. These things are sorted out between the parties and campaigners themselves.

Campaign signs (commonly called corflutes) are a common sight at Australian elections. Signs will often tell viewers to ‘Vote 1’ for a particular candidate or party, and of course need to contain an authorisation message so that you know who is responsible for the sign.

Vandalism and theft of signs is seemingly rare, but it does happen.  

What restrictions are there on sign placement?

Under federal electoral laws, election signs cannot be placed within six metres to the entrance of a polling place. Electoral laws do not include any other restrictions on sign placement.

However, there are other considerations. The placement and timing of election signs is sometimes covered by relevant local council restrictions. This could, for example, be in relation to traffic or pedestrian areas, public buildings or public land. If you think a sign might breach local council restrictions, it’s best to contact your council and ask what rules exist for election signs, or signage in general, in your area.

Is it illegal to vandalise or steal election signs?

Vandalising or stealing election signage is not restricted by the Commonwealth Electoral Act, but that isn’t to say it’s legal.

Election signs don’t just appear out of nowhere – they’re paid for by candidates and parties (property that belongs to somebody). While the AEC can’t get involved in these cases, your state or territory’s police force may be able to.

Regardless of how someone feels about the message on an election sign, it is someone’s property.

How does sign vandalism or theft affect elections?

It impinges on the ability of candidates or parties to freely campaign. This is a key part of Australian elections, no matter how people feel about a particular campaign message, candidate or party.

For some candidates, a vandalised or stolen sign could be replaced easily enough. For others, the resources may not be available to do so.

For many Australians, voting isn’t something they turn their attention to until an election has been called. Political signs may seem unnecessary to some voters, but to others they can assist in identifying what candidates are running for election, and what they stand for – an initial part of a voter’s research prior to casting a vote.

What is considered partisan media coverage to one person may not be to another. It is subjective.

The AEC is not a media regulator.

Your role as a voter is to stop and consider what you’re seeing and hearing. As always, we encourage you to use reliable sources, and check multiple sources for information.

What does partisan media coverage look like?

It is subjective.

Some people perceive a media outlet or journalist to be asking hard questions of a particular candidate or group, and not others. It could be giving seemingly favourable coverage to a group or candidate over others or perhaps political opinion pieces, programs or commentary presented as news.

I thought the media was supposed to be impartial!

When considering media coverage, it’s important to separate news from opinion.  

News coverage is indeed intended to be impartial and it’s reasonable to expect it in pieces of news. The Media, Entertainment and Arts Alliance includes values such as honesty, accuracy and fairness as part of their code of ethics for journalists.

However, news coverage can often be accompanied by opinion pieces. These might look like an opinion column in a newspaper, a panel program dissecting political actions, or commentary made by journalists on social media. Just like the name suggests, opinion pieces are the products of individuals telling their audience what they think about a particular subject.

It’s OK to disagree with someone else’s opinion and important to consider multiple sources of information.

Is media coverage regulated by the AEC?

No. The AEC has no power to act as a media regulator.

If you content you’ve seen in the media may breach guidelines and standards, you can lodge a complaint with the Australian Press Council (for print and digital media), or the Australian Communications and Media Authority (for broadcast media).

A media outlet is actively campaigning. Should it be authorised?

The reporting of news and presentation of current affairs and editorial content in news media are explicitly not considered electoral communications that would require authorisation.

The purpose of authorisation statements is to ensure voters know the source of certain communications that are likely to influence how they vote in a federal election.

• Better practice guide: Authorisations

Election ads cannot be broadcast on television and radio from the end of the Wednesday before polling day until the close of the poll on polling day.

The broadcasting blackout period is a provision under the Broadcasting Services Act 1992, administered by ACMA.

What is the intent?

Some jurisdictions around the world have varying versions of this restriction, both in scope and duration. The intent is often stated as the ability for a voter to have time and space in which to formulate their views before voting, without the inundation of campaigning material.

Why is it only TV and radio? What about internet ads?

The restriction is in the Broadcasting Services Act. Any broadening of this requirement to other mediums – including online and social media – would be a consideration for parliament. As would any consideration of potentially taking the restriction away.