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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Government Advertising (Objectivity, Fairness and
Accountability) Bill 2008
A BILL FOR
An Act to require Government advertising to meet minimum standards with
respect to objectivity, fairness and accountability, and to prohibit the
expenditure of taxpayer's money on advertising which promotes party political
interests.
Contents
1 Short title
2 Principles and
guidelines for Government advertising
3 Court's power to enforce
compliance
Schedule 1—Principles and guidelines for Government
advertising
1 Material should be relevant to Government
responsibilities
2 Material should be presented in an objective and fair
manner
3 Material should not be liable to misrepresentation as
party-political
4 Distribution of sensitive material should be
controlled
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Government Advertising (Objectivity,
Fairness and Accountability) Act 2008.
2—Principles and
guidelines for Government advertising
(1) A Minister who authorises the use of public money for a Government
advertising or information program is responsible to ensure that the principles
and guidelines set out in Schedule 1 are complied with.
(2) A Minister who fails to comply with the responsibility imposed by
subsection (1) is guilty of an offence.
Maximum penalty: $100 000.
(3) A fine imposed on a Minister under this section is not to be paid out
of public funds.
3—Court's power to
enforce compliance
(1) If the Supreme Court is satisfied, on application under this
section—
(a) that the principles and guidelines set out in Schedule 1 have not been
fully complied with in relation to a Government advertising or information
program; or
(b) that there are reasonable grounds to apprehend that principles and
guidelines set out in Schedule 1 will not be fully complied with in relation to
a Government advertising or information program,
the Court may make any order it considers necessary or desirable to ensure
compliance with those principles and guidelines.
(2) An application may be made under this section by any person enrolled
as an elector for the House of Assembly.
Schedule
1—Principles and guidelines for Government
advertising
1—Material should
be relevant to Government responsibilities
In developing material to be communicated to the public—
(a) the subject matter should be directly related to the Government's
responsibilities; and
(b) an information strategy should be considered as a routine and integral
part of policy development and program planning; and
(c) no campaign should be contemplated without an identified information
need by identified recipients based on appropriate market research.
Note—
Examples of suitable uses for Government advertising include
to—
(a) inform the public of new, existing or proposed Government policies, or
policy revisions; or
(b) provide information on Government programs or services or revisions to
programs or services to which the public are entitled; or
(c) disseminate scientific, medical or health and safety information;
or
(d) provide information on the performance of Government to facilitate
accountability to the public.
2—Material should
be presented in an objective and fair manner
(1) Information campaigns should be directed at the provision of
objective, factual and explanatory information. Information should be presented
in an unbiased and equitable manner.
(2) Information should be based on accurate, verifiable facts, carefully
and precisely expressed in conformity with those facts. No claim or statement
should be made which cannot be substantiated.
(3) The recipient of the information should always be able to distinguish
clearly and easily between facts on the one hand, and comment, opinion and
analysis on the other.
(4) When making a comparison, the material should not mislead the
recipient about the situation with which the comparison is made and it should
state explicitly the basis for the comparison.
3—Material should
not be liable to misrepresentation as party-political
(1) Information campaigns should not intentionally promote, or be
perceived as promoting, party-political interests. Communication may be
perceived as being party-political because of any 1 of a number of factors,
including—
(a) what was communicated; or
(b) who communicated it; or
(c) why it was communicated; or
(d) what it was meant to do; or
(e) how, when and where it was communicated; or
(f) the environment in which it was communicated; or
(g) the effect of the communication.
(2) Material should be presented in unbiased and objective language, and
in a manner free from partisan promotion of Government policy and political
argument.
(3) Material should not directly attack or scorn the views, policies or
actions of others such as the policies and opinions of opposition parties or
groups.
(4) Information should avoid party-political slogans or images. This may
involve restrictions on the use of ministerial photographs in Government
publications.
4—Distribution of
sensitive material should be controlled
(1) Distribution of sensitive, unsolicited material should be carefully
controlled. As a general rule, publicity touching on politically controversial
issues should not reach members of the public unsolicited except where the
information clearly and directly affects their interests. Generally, material
may only be issued in response to individual requests, enclosed with replies to
related correspondence or sent to organisations or individuals with a known
interest in the area.
(2) Care should be taken to ensure that Government advertising material is
not used or reproduced by members of political parties in support of
party-political activities without appropriate approval.
(3) All advertising material and the manner of presentation should comply
with relevant law, including broadcasting, media and electoral law.
(4) Material should be produced and distributed in an economic and
relevant manner, with due regard to accountability.
(5) No information campaign should be undertaken without a justifiable
cost/benefit analysis. The cost of the chosen scale and methods of communicating
information must be justifiable in terms of achieving the identified
objective(s) for the least practicable expenses. Objectives which have little
prospect of being achieved, or which are likely to be achieved only at
disproportionate cost, should not be pursued without good reasons.
(6) Care should be taken to ensure that media placement of Government
advertising is determined on a needs basis and targeted accordingly and without
favour.
(7) All existing policies and procedures for—
(a) purchasing; and
(b) procurement; and
(c) tendering for, and commissioning of, services; and
(d) the employment of consultants,
should be followed.