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Electoral processes must be safeguarded, says NSW Law Society
Ahead of this weekend’s local elections in NSW, the president of the Law Society of NSW has urged the state government to take proactive measures to safeguard the electoral process from the influence of misinformation campaigns.
Grace Robbie
Brett McGrath, the president of the Law Society of NSW, has called for the NSW government to implement more robust measures to curb misinforming electoral campaigns and protect voters from such misleading information on election day.
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He expressed the necessity for the state government to take decisive action to protect local elections from such interference by asserting that such disinformation campaigns are “affecting democracies across the globe.”
While the Law Society acknowledges the initiatives the government has implemented to address this issue, McGrath emphasises that additional actions and legal measures are necessary to tackle the problem effectively.
“The NSW Electoral Commission’s ‘Stop and Consider’ initiative and its Disinformation Register represent positive steps in this direction, but the Law Society supports the development of new legislation to regulate truth in political advertising, to safeguard democracy,” McGrath said.
“Disinformation and misinformation undermine the integrity of the democratic process and risk distorting election outcomes. These campaigns can be amplified by the rapid spread of viral social media posts.”
McGrath highlighted how recent global electoral events have shed light on the widespread, sophisticated, and influential nature of disinformation campaigns and their capacity to spread at an accelerating pace.
“In recent days, the United States Department of Justice revealed a major campaign by agents of the Russian Federation which sought to influence the 2024 US presidential election. Our governments should also remain vigilant,” McGrath said.
The president of the Law Society outlined that the detrimental impacts of misleading campaigns can be mitigated by equipping citizens with resources that educate them on how to “recognise suspect election material”.
“The Law Society is encouraged by the NSW government’s announcement, in July this year, that civics and citizenship content in NSW primary schools will be required learning for students,” McGrath said.
In its submission to the NSW Parliament’s inquiry on proposals to increase voter engagement, participation, and confidence, the Law Society praised the efforts of the NSW Electoral Commission in ensuring a high level of public involvement and voter turnout in the state’s elections.
However, in its inquiry, it emphasised the need for the NSW Electoral Commission to conduct “public reporting” on the initiatives that have already impacted voter turnout “to assess their impact”, “address issues of digital modernisation”, and encourage “further consideration of the recommendation around making online voting available for blind and low-vision electors”.
Additionally, McGrath reiterated the significance of upholding the strong tradition of voter engagement in NSW elections while underscoring the need to avoid enforcement measures that disproportionately impact vulnerable population groups.
“Unpaid fines can have flow-on consequences that may be unduly punitive, impacting particularly on the vulnerable and marginalised in our communities, including on Indigenous people in rural, regional, and remote areas.
“The NSW government should consider reviewing penalties for failing to vote, to reduce the hardship experienced by those who receive a fine, without affecting voter turnout,” McGrath said.
The Law Society of NSW said: “More can and should be done to engage with communities to better address instances of non-voting, to ensure as many citizens as possible are engaging in the democratic process.”
