Why is it legal to tell lies during the Voice referendum campaign?

It’s illegal for companies to make false or misleading claims, so why is it OK for ‘no’ supporters to lie during the Voice referendum? Monash University constitutional law professor Luke Beck asks.

A referendum to recognise First Nations Australians in Australia’s Constitution by establishing a Voice to Parliament will be held later this year. The Voice would be an advisory body allowing Aboriginal and Torres Strait Islander people to make representations to parliament and government on matters that affect them.

The Aboriginal flag.

Campaigning for the “yes” and “no” sides is well under way. However, misinformation and disinformation are a feature of some of the public discussion. Indigenous Australians Minister Linda Burney this week even accused the “no” campaign of engaging in “post-truth politics”.

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