Government Agencies (Campaign Advertising) Act 2009

The Minister must make guidelines for this Act consistent with its object and the general principles.

Guidelines are a disallowable instrument.

Without limiting subsection (1), the guidelines must include provisions to the following effect:

information in a government campaign must be relevant to current government responsibilities;

Examples—information relevant to current government

1 information about existing or new government policies or policy changes for which there is legislative authority, an appropriation or a current government decision to implement

2 information about government programs or services or changes to programs or services for which there is legislative authority, an appropriation or a current government decision to implement

3 scientific, medical or health and safety information

4 information about government performance to facilitate accountability to the public

information in a government campaign must be presented in an objective and fair way and not include—

comment or opinion, unless the comment or opinion is clearly identified as comment or opinion and is clearly distinguishable from statements of fact; or

statements promoting the government’s performance;

Examples

1 objective facts and explanatory information are included

2 material presented as fact is based on and conforms with accurate, verifiable facts

3 factual comparisons are presented in a way that is not misleading and state the basis for comparison

4 existing policies, services or activities are not represented as new

information in a government campaign must not include slogans or other advertising techniques designed to have, or likely to have, the effect of promoting a political party or position instead of communicating a factual message;

Example—advertising techniques jingles

information in a government campaign must be presented in a way that is accessible and takes into account any special communication needs of particular people or groups;

Examples—groups that may have special communication needs

1 young people

2 Aboriginal and Torres Strait Islanders

3 people whose first language is not English

information in a government campaign must not be directed at promoting the government or party political interests in any way, including by way of—

content; or

source; or

reason; or

purpose; or

choice of media; or

timing, geographic or demographic targeting; or

designed effect;

Examples—promoting government or party political interests

1 mentioning the party in government or the party leader by name

2 deriding the views, policies or actions of others, including policies and opinions of opposition parties or groups

3 including party-political slogans or images

4 designing to influence public support for a political party, a candidate for election, a Minister or a member of the Assembly

5 mentioning or linking to a website of a politician or a political party

information in a government campaign must be produced and distributed in an efficient, effective and relevant way, with regard to accountability;

Examples

1 justifiable by cost-benefit analysis in terms of community needs, efficiency and effectiveness

2 clear audit trail regarding decision-making

3 current procurement policies and procedures for tendering, obtaining services and employing consultants followed

the presentation and delivery of information in a government campaign must be clearly identified as part of a government campaign;

Example a statement at the end of a television or radio announcement

a government campaign must be presented and delivered in a way that recognises the diversity of the ACT community and the full participation of women, and ethnic and Aboriginal and Torres Strait Islander communities, by realistically representing their interests, lifestyles and contributions to Australian society;

the presentation and delivery of information in a government campaign must comply with any relevant laws in force in the ACT.

Example privacy laws