18 April 2012

Social media clarity from Elections ACT would be nice...

It seems that Elections ACT has yet to come to terms with social media. I wrote over the weekend seeking clarification on the laws around authorisation for social media sites:
Could you please advise the requirements for authorisation as to whether they apply to blogs, or Facebook, Twitter and Google+ profiles? The Handbook is silent on these media. Thanks.
This was the (albeit prompt) reply:
Dear Ms Kerlin
Thank you for your email asking about the application of authorisation requirements to blogs, Facebook, Twitter and Google+.
The intent of the authorisation requirements is to ensure that material that could be used by voters to inform their voting intentions is clearly labelled with the name of the person or organisation responsible for publishing the material. This is largely intended to prevent “irresponsibility through anonymity”. Under section 292 of the Electoral Act, any material (in printed or electronic form) containing “electoral matter” should include an authorisation statement that consists of three elements, unless it falls within a listed exemption. This provision applies at all times, not only during an ACT Legislative Assembly election.First, the authorisation must contain the name of the person who authorised the electoral matter, or its author. Second, it must contain a statement to the effect that the named person is the authoriser of the matter or its author. Third, electoral matter published for or on behalf of a registered political party or candidate for an election must also include a statement to the effect that the matter is published for on behalf of the party or candidate.
With respect to blogs, Facebook, Twitter and similar forums, if the material being posted falls within the definition of electoral matter, then the authorisation requirements may apply. However, each case would need to be considered on its merits.

Having said this the ACT Electoral Commission does not have legally qualified staff and does not provide formal legal advice. If you are in any doubt regarding the acceptability of authorisation statements of published electoral matter, you may wish to seek your own legal advice.
For information, a copy of the Authorising Electoral Material factsheet can be found on the Elections ACT website at:
http://www.elections.act.gov.au/resources/uploads/pdfs/factsheets/factauthorise.pdf
So...clear as mud. A restatement of what I already said I read in the Handbook, but which didn't address the question. You would think this would be something that's come up before...

Think I'll put them in anyway. Just in case.

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