Electoral advertising - state elections

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Category: Parties and Candidates

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This page provides guidance on the legal requirements for electoral advertising during South Australian state elections. All candidates, parties, and third-party campaigners must comply with the Electoral Act 1985 (Electoral Act) and associated Electoral Regulations 2024 (Electoral Regulations).

References

Definitions

Electoral Act - Part 1, section 4.

  • Electoral advertisement: An advertisement containing electoral matter.
  • Electoral matter: Matter calculated to affect the result of an election.

Note: The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you're unsure about your obligations, we strongly recommend seeking independent legal advice.

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Authorisation requirements

Under section 112 of the Electoral Act, any electoral advertisement, whether printed or published online, must include:

  • Name and street address of the authoriser (a PO Box cannot be used).
    Note: Independent candidates (those not endorsed by a registered political party) may use a PO Box instead of a street address if they have approval from the Electoral Commissioner and the suburb where the candidate lives is included at the end of the advertisement.
  • If authorised for a registered political party or an endorsed candidate: the party's name or its registered abbreviation.
  • If authorised for a relevant third party: the name of that third party.

Exceptions: Small items such as stickers, badges, lapel buttons, pens, pencils and balloons are exempt.

Compliance note: Failure to include correct authorisation details is an offence.

Maximum penalty: $5,000 for individuals, $10,000 for bodies corporate.

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Restrictions on the display of electoral advertisements

Section 115 of the Electoral Act and the Electoral (Control of Corflutes) Amendment Act 2024.

Size of electoral advertisements
  • Advertisements on vehicles, buildings, hoardings, or structures must not exceed 1 square metre.
  • Advertisements within 1 metre of each other for the same candidate or party are treated as a single advertisement.

Penalty: Up to $5,000.

Prohibited locations
  • It is prohibited to exhibit electoral advertising posters on public roads or road-related areas, including structures, fixtures, or vegetation.

Penalty: Up to $5,000.

Exceptions
  • Posters held by a person (directly or attached to a device).
  • Posters not attached to a structure, displayed at or near a designated event or activity immediately before, during, or after (maximum 6 hours).
  • Posters of a prescribed kind or in prescribed circumstances under regulations.

Compliance note: Significant penalties apply for breaches of size and placement rules under section 115.

Enquiries about the placement of signs in public spaces (e.g. height, location) should be directed to the relevant council, as these matters fall under the Local Government Act 1999.

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Headings on electoral advertisements

Part 13, Division 2 of the Electoral Act.

All electoral advertisements must clearly identify the candidate or party they promote. Headings should not mislead voters about the source or purpose of the advertisement.

Misleading advertising

Under section 113 of the Electoral Act, it is an offence to publish electoral material that contains statements of fact that are inaccurate and misleading to a material extent.

Maximum penalty: $5,000 for individuals, $25,000 for bodies corporate.

The Electoral Commissioner may require withdrawal or publication of a retraction.

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How-to-vote cards

Part 6 of the Electoral Regulations.

How-to-vote cards must comply with authorisation requirements and must not mislead voters. They should clearly indicate the candidate or party issuing the card and follow the official ballot format.

Broadcast media authorisations

Section 112 of the Electoral Act and the 'Guidelines for the broadcast of political matter' (Australian Communications and Media Authority (ACMA)).

  • Radio advertisements must include a spoken authorisation at the end of the advertisement. This format requirement is governed by federal broadcasting regulations, including the Broadcasting Services Act 1992 and ACMA guidelines.
  • Television advertisements must include both a spoken and a text-based authorisation at the end of the advertisement. Also governed by federal broadcasting regulations.

While section 112 of the Electoral Act outlines the content of the authorisation (i.e., what must be included), the formatting requirements for broadcast media are set by federal law and apply nationally, including in South Australia.

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Digital advertising

Online and social media advertising must comply with authorisation requirements. Paid digital ads may be subject to additional disclosure obligations under the Electoral Act.

Artificial intelligence in electoral advertising

Under sections 115B to 115D of the Electoral Act, it is prohibited to publish or distribute electoral advertising generated by artificial intelligence that falsely depicts a person performing acts they did not do.

Penalty: Up to $10,000 for breaches.

Consent exception: Allowed only if the person depicted has given written consent and the advertisement is clearly labelled as AI-generated.

The Electoral Commissioner may order removal of such ads and require corrective statements.

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