SECTION 191(1)(b) SUMMARY
Below is a summary of the complaints and respective actions taken since the issue of the writs
for the 2010 House of Assembly Election on 19 February 2010 under section 191(1)(b) of the
Electoral Act 2004 (the Act). The content included in the summary was determined in
accordance with the
Right to Information Act 2009.
Each complaint received is assessed on a case by case basis. Evidence on any alleged breach
of the Act is required to enable consideration and, if required, further investigation of a matter.
In determining what action to take, if any, elements such as the facts of the matter, attempts to
rectify mistakes or omission of authorisation, any mitigating circumstances, and the
seriousness of any alleged breach are considered. Section 237 provides the TEC with
prosecutorial discretion in relation to illegal practices under the Act.
Election
Complaint Received
Action Taken
Legislative
Complaint
regarding
a
• Written request for the video;
Council 2018
Facebook post of a 30 second
• examination of said video;
video breaching s191(1)(b).
• written warning advising of
potential breach and requirement
to authorisation electoral matter.
House of
Complaint that authorisation
• Written response informing the
Assembly
was included on a website and
complainant doesn’t appear to be
2018
Facebook page, but not
a breach of section 191;
individual videos featured on
• 2nd
written
response
to
these
mediums.
The
complainant
reiterating
no
complainant voiced concern
breach.
that if the videos are “shared on
• Referencing the TEC website,
Facebook”
then
the
advises those with posting
authorisation will no longer be
electoral matter on social media
attached or visible.
such as Facebook pages to
include an authorisation text on
Complainant responded to
their personal site such as in the
TEC response arguing their
“About” section.
interpretation of s 191 is to
include a name and address on
each post.
House of
Complaint
regarding
a
• Written warning, requesting that
Assembly
sponsored
Instagram
post
the current advertisement is
2018
(advertisement)
lack
of
authorised or removed and that all
authorisation.
electoral matter they publish on
the internet is authorised.
House of
Complaint regarding the use of
• Written warning advising that
Assembly
a television advertisement on a
individual responsible for the
2018
website not meeting the
website that the authorisation
authorisation requirements.
requirements for electoral matter
1
on the internet is different to that
on
radio
and
television.
Recommended to include the
authorisation on each page of the
website where ad appears, eg in
the footer.
House of
Received complaints about
• Verbal & written warning
Assembly
two Facebook pages breaching
• recommending the authorisation
2018
s191
is included in the “About”
sections of the Facebook page.
House of
Complaint regarding signage
• Written warning to author of
Assembly
photographed and posted on a
Facebook page;
2018
Facebook page.
• advised that the authorisation is
included in the ‘Info’ or ‘About’
section of the page.
Pembroke By-
Complaint regarding
• 1st written warning
Election 2017 unauthorised Twitter account /
• 2nd written warning after
post
response from the author that
they don’t believe s191 applies
to their account. Advised that
failure to comply with the
authorisation requirements that
the matter would be referred to
the DPP.
Legislative
Council 2017
Legislative
Council 2016
Legislative
Council 2015
Legislative
Council 2014
House of
Complaint regarding
• Verbal warning
Assembly
authorisation on a website.
• 1st written warning
2014
• Further written correspondence
further clarifying the application
of s191(1)(b).
House of
Complaint that a website
• Written warning
Assembly
relating to the Tasmanian
2014
election were not authorised.
2
Legislative
Council 2013
Legislative
Council 2012
Legislative
Council 2011
Legislative
Council 2010
House of
Complaint about unauthorised
• Verbal warning
Assembly
website.
• 1st written warning
2010
• 2nd written warning clarifying
authorisation requirements,
advising no further action will be
taken but ensure that
authorisation appear in future.
House of
Complaint about an
• Submitted report to Facebook.
Assembly
unauthorised Facebook page
2010
3