South Australian Consolidated Acts

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ELECTORAL ACT 1985 - SECT 116

116—Published material to identify person responsible for political content

        (1)         A person must not, during an election period, publish material consisting of, or containing a commentary on, any candidate or political party, or the issues being submitted to electors, in written form, in a journal published in electronic form on the Internet or by radio or television or broadcast on the Internet, unless the material or the programme in which the material is presented contains a statement of the name and address (not being a post office box) of a person who takes responsibility for the publication of the material.

Maximum penalty:

            (a)         if the offender is a natural person—$1 250;

            (b)         if the offender is a body corporate—$5 000.

        (2)         This section does not apply to—

            (a)         the publication in a journal (including a journal published in electronic form on the Internet) of a leading article;

            (b)         the publication of a report of a meeting that does not contain any comment (other than comment made by a speaker at the meeting) on any candidate, or political party, or the issues being submitted to electors;

            (c)         the publication in a journal (including a journal published in electronic form on the Internet) of an article, letter, report or other matter if—

                  (i)         the name and address (not being a post office box) of a person who takes responsibility for the publication of the material is provided to the publisher of the journal and retained by the publisher for a period of 6 months after the end of the election period; and

                  (ii)         the journal contains a statement of the name and postcode of the person who takes responsibility for the publication of the material;

            (ca)         the publication of a letter (otherwise than as described in paragraph (c)) that contains the name and address (not being a post office box) of the author of the letter;

            (d)         a news service or a current affairs programme on radio or television or broadcast on the Internet;

            (e)         any other prescribed material or class of material.

        (3)         In this section—

"journal" means a newspaper, magazine or other periodical.



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