A plan to crack down on misleading ads during the Voice to Parliament debate is dividing the crossbench, amid fears the plan could backfire.
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As revealed by The Canberra Times this month, independent MP Zali Steggall will attempt to expand her truth in political advertising bill to cover referendums, before Labor holds promised votes on the Voice and an Australian republic.
The private member's bill would prohibit political ads from making statements of fact which are "misleading or deceptive to a material extent", potentially forcing those in breach to issue public retractions and pay fines.
But one senator has blasted the proposal as creating a "Ministry of Truth", designed to move power from voters into the hands of unelected bureaucrats.
Despite backing truth in political advertising laws while in opposition, Labor is remaining tight-lipped on whether it will support Ms Steggall's renewed push in government.
Special Minister for State Don Farrell said it would not commit to the proposal until a parliamentary review into the 2022 federal election hands down its report, on a date yet to be set.
"Labor wants to consider truth in political advertising laws on a federal level. There are examples of this being done well, including in my home state of SA," he told The Canberra Times.
"There are considerations that must be taken to ensure that [the] laws can be enforced and administered appropriately."
'Pollies are still lying'
If Labor does back the idea, its fate will hinge on support from the Greens and one Upper House crossbencher.
The Greens are open to debating Ms Steggall's bill, warning trust in politicians is at "an all-time low".
And senator for the ACT David Pocock has declared the imminent Voice referendum, set for this term of parliament, makes outlawing misinformation "even more urgent".
Senator Pocock, who backed Ms Steggall's bill before the May election, confirmed he "absolutely" supports a tweak to ensure misinformation cannot proliferate during the campaign.
"These are corrosive to our democracy and it's time we did something to stop them," he told The Canberra Times.
"Having been subjected to ads based on lies during the election campaign, I've seen firsthand how important having laws against this is.
"The Australian people expect and deserve to be told the truth."
Ms Steggall's proposal is based off two existing models in SA and the ACT, where electoral commissioners have the power to force retractions and issue fines.
Crossbench senator Jacqui Lambie insisted she would "back to the hilt" any bill preventing repeats of Labor's 2016 "Mediscare" campaign, or the Liberals' 2019 death taxes scare campaign.
Senator Lambie said politicians "shouldn't be able to lie at any point, to anyone, end of story", but fears a toothless system could backfire.
"[It] is a pretty hard thing to regulate. The question isn't whether you want it, but how you plan to get it," she told The Canberra Times.
"No jurisdiction in Australia has cracked that one. You go too hard, it's unconstitutional, but if you go too weak, it's ineffective.
"Whichever way you go, pollies are still lying to you."
'Ministry of Truth'
Under Ms Steggall's plan, the Electoral Commissioner would be granted the power to investigate whether a political advertisment was misleading, either of their own volition or following a complaint from the public.
But Senator Ralph Babet, elected to represent the United Australia Party before its deregistration, warned "Zali Steggall's Ministry of Truth" could be used to quash dissenting voices on topics like climate change and gender.
"A question I would ask is: who will be the arbiter of truth, and what are their political leanings?" he told The Canberra Times.
"At the end of the day that job should and must be left to the Australian voter, not a government-appointed bureaucrat."
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Greens leader Adam Bandt said his party, needed to pass bills which the Coalition opposes, strongly supports legislation which could combat misinformation.
"Trust in politics and politicians is at an all-time low," he said.
"Truth in political advertising laws can help clean up dirty campaigning and restore confidence in our democracy."
