AEC statement: Authorisation statements for social media content

The Australian Electoral Commission has today published additional guidance about authorisation statements required for social media content. 

Influencers / podcasters / content creators

With the increased involvement by influencers, podcasters and other content creators in political commentary during the 2025 federal election the following provides additional information and guidance.   

Electoral communication distributed by individuals or organisations that are not political entities (e.g. candidates or political parties or otherwise required to register with the AEC as disclosure entity), does not require an authorisation unless:

• the material is paid advertising, or
• payment is involved to produce/distribute the material, or 
• gifts-in-kind are provided by a political entity that are conditional on certain material being distributed, or 
• the material is communicated by or on behalf of a political entity. 

The factors outlined above are consistent with electoral authorisation requirements that have been in place for many elections and remain outlined in the AEC’s authorisations better practice guide.

Cross-posting

Today’s additional guidance material is specific to the cross-posting functionality available on some social media platforms. 

Video content originating from an individual or organisation that is not required to authorise their unpaid communication could, if cross-posted by a political entity (e.g party, candidate or associated entity), introduce an authorisation requirement on that content, but only on behalf of the political entity. 

The AEC is communicating with political entities directly to ensure this technical aspect of electoral authorisation requirements is understood. 

Truth in electoral communication

Apart from electoral matter that relates to how someone casts a vote the AEC cannot, and has never been able to, regulate truth.

The AEC is running a campaign called ‘stop and consider’ as well as providing a range of resources to voters. These activities are designed to assist people in navigating the election communication environment. 

Early in the campaign period, the AEC also distributed a request for people to campaign lawfully and respectfully this federal election. 

The voter’s role, as it’s always been, is to stop and consider what they’re seeing, hearing and reading - and to make their own decisions around that. 

AEC advice

Authorisation requirements can be complex, particularly for newer functions of social media platforms.

The AEC’s advice is always ‘if in doubt, authorise’ - particularly for political and disclosure entities who does or might meet one of the key criteria under the legislation for requiring an authorisation statement. 

Generally, the level of compliance with the authorisation requirements thus far has been good.  In almost all cases breaches have been relatively quickly rectified when requested by the AEC.  Timeliness of rectifying breaches will be a focus as we get closer to the polling period.

Editor’s notes: 

• The AEC’s response to a number of prominent media enquiries received last week regarding podcasting content is available below.
• An authorisations matter concerning the entity ‘Your Union, Your Choice’ is also summarised below.  
• The AEC is aware of public commentary that can surround any review undertaken into a potential authorisation requirement. The AEC does not control how people or the media frames this activity, or which pieces of content are given focus by communicators. The AEC administers our role in the same manner, no matter the source.

Last week’s media response: 

• The AEC has concluded its review of the content raised with us in Senate Estimates last week in Abbie Chatfield’s podcast ‘It’s a Lot’.
• Based on the facts as we currently understand them, the AEC found that this communication does not require an authorisation statement.
• For online content to require an authorisation statement under the Commonwealth Electoral Act 1918, it must:
  • Contain electoral matter, that is matter communicated for the dominate purpose of influencing how someone votes that does not fall into one of the exemptions in the Electoral Act, and
• Be paid advertising and/or be communicated by or on behalf of a political entity (such as a candidate or political party) or other entity registered with the AEC (such as an associated entity or significant third party).
• While the podcasts in question could be viewed as being made for purpose of influencing how someone casts their vote, there is no evidence that there was a monetary benefit for the podcaster as a result of either Mr Albanese or Mr Bandt being invited onto the show. It appears that the invitations to Mr Albanese or Mr Bandt to participate were voluntary. 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.
• As such, the AEC is not satisfied that the episodes of Ms Chatfield’s podcasts on 21 February 2025 and 11 March 2025 could be considered to be paid advertising or to be communicated by or on behalf of a candidate or party. This content does not require an authorisation.
• The AEC is making the outcome of this review public out of fairness to Ms Chatfield given the media coverage of the issue to date.  
• The AEC notes that social media influencers play an increasing role in informing and educating the public about politics and Australia’s electoral system. Our advice to influencers, podcasters or content creators who communicate content on social media that may be considered to contain electoral matter:

• If an influencer, podcaster or content creator is paid to communicate the electoral matter, the communication must be authorised.
• 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.
• For more information on the authorisation requirements, see guidance on the AEC website at Authorising Electoral Communications.
• The AEC’s general guidance remains – if in doubt authorise.

‘Your Union, Your Choice’ authorisations matter

For the past few weeks, the Australian Electoral Commission (AEC) has requested Your Union Your Choice to authorise their paid electoral advertising.  After engaging with the entity on a number of occasions and reasonable opportunity to comply the paid advertisements remained unauthorised. 

The AEC then requested Meta to remove Your Union Your Choice unauthorised electoral advertisements from their platform which has now been done.  Any further unauthorised electoral advertising by Your Union Your Choice can be reported to the AEC by email authorisations@aec.gov.au, with a copy of the relevant advertisement. 

Meanwhile the AEC continues to consider if Your Union Your Choice has, or soon will have, registration and/or disclosure obligations under the Commonwealth Electoral Act.