Election ads on a digital screen: who authorises, and where

When section 321D applies

In the compilation dated 1 July 2026, section 321D applies to electoral matter communicated to a person in three cases, all listed here:

1. (a)
   the matter “is an electoral advertisement”, all or part of its distribution or production was paid for, and its content was approved by a person, “the notifying entity”, whether or not that person paid;
2. (b)
   the matter “forms part of a sticker, fridge magnet, leaflet, flyer, pamphlet, notice, poster or how-to-vote card”, and its content was approved by a person, again the notifying entity; or
3. (c)
   a disclosure entity, or someone acting for it, communicates the matter, and it is not already covered by (a) or (b); that entity is then the notifying entity.

The Act’s own note gives “internet advertisements, bulk text messages and bulk voice calls” as examples of what the section may cover. Whether a given screen ad is electoral matter at all turns on the Act’s definition of that term, which this guide does not set out.

Who carries the duty

“The notifying entity must ensure that the particulars set out in the following table, and any other particulars determined under subsection (7) for the purposes of this subsection, are notified in accordance with any requirements determined under that subsection.”

Commonwealth Electoral Act 1918, s 321D(5). Civil penalty: 120 penalty units.

At $364 a penalty unit, the value from 1 July 2026 recorded on the ACCC’s fines page, 120 penalty units is $43,680. Section 384A makes the subsection enforceable under the Regulatory Powers Act, whose rules on the amount a court may order against each kind of person this guide does not set out. The Act’s note adds that a person may contravene the subsection by failing to ensure the particulars are notified, or if the particulars notified are incorrect.

Subsection (5) names one person for this duty, the notifying entity. Where the notifying entity is not a legal person, subsection (6) treats a contravention as committed by each member, agent or officer who engaged in the conduct while acting within their actual or apparent authority. The Act also provides for an “ancillary contravention” of section 321D: a contravention of that section as a result of section 92 of the Regulatory Powers Act.

What the particulars are

The table in subsection (5) has eight items. Items 1, 3, 5 and 7 cover the printed kinds listed in paragraph (b) and ask for an address. Items 2, 4, 6 and 8 cover “any other communication” and ask for a town or city instead:

For a registered political party, subsection (5A) allows the registered name to be shortened in set ways; in the Act’s example, a registered name that begins “Quokka Party of Australia Inc.” and ends with the branch name “NSW” may be notified as “Quokka Party”.

Where they go on the screen

The Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021 was made under section 321D(7) and commenced on 7 July 2021. Its section 12, which deals with communications other than printed communications, sets where the particulars go, by form. All four forms are listed here:

1. (a)
   speech, music or other sounds and no other form: announced at the beginning;
2. (b)
   moving visual images with speech, music or other sounds and no other form: announced and shown at the end;
3. (c)
   “an electronic billboard, electric road sign or other similar devices”: at the end of the communication;
4. (d)
   any other form: at the end, on a webpage reached by a URL given at the end, in the footer of a webpage the communication is on, or, for an individual notifying entity on social media, in the linked “About Us” or “Contact Us” section.

Section 12(3) then says the particulars, other than those announced aloud, must:

• “be reasonably prominent”;
• “be legible at a distance at which the communication is intended to be read”;
• “not be placed over complex pictorial or multicoloured backgrounds”; and
• “be in a text that contrasts with the background on which the text appears”.

Section 12(4) sets the language. A communication only in English gives the particulars in English. One only in another language gives them in English and that language. One in two or more languages gives them in English and at least one of the other languages used.

What the section leaves out

Section 321D(3) says the section does not apply to electoral matter that:

• forms part of clothing or any other item intended to be worn on the body;
• forms part of another promotional item, “such as a balloon, pen, mug, tote bag or marquee, but not a sticker or fridge magnet”, carrying only the notifying entity’s name, logo or other identifying feature;
• forms part of a communication, or arises in circumstances, determined under subsection (7); or
• is communicated in circumstances that contravene section 321DA(1), on communications authorised by foreign campaigners.

The Determination’s section 7 names the communications determined for that purpose: graffiti, skywriting, a media release containing the notifying entity’s name and address, and an envelope with the notifying entity’s name and address written on it. Subsection (4) of section 321D adds further exceptions, such as opinion polls and communications for personal purposes, but only for matter under paragraphs (b) and (c), not for paid advertisements under paragraph (a).

This guide covers the Commonwealth Act only. It does not set out any state or territory’s electoral rules.