A regional television network repeatedly breached its licence when it ran campaign ads for Liberal MP Dan Tehan during the advertising blackout days before the federal election, while thousands of locals tuned into the local racing carnival, the broadcast regulator has found.
The Australian Communication and Media Authority found Prime Television Victoria, owned by the Seven Network, breached regulations when it ran 23 ads for Tehan on free-to-air channel Racing.com between 1.29am and 8.45pm on May 1.
Liberal MP Dan Tehan faced a tight contest for the seat of Wannon in the May election.Credit: Dominic Lorrimer
Tehan, the Coalition’s energy spokesman, was fighting to fend off a third consecutive challenge from teal independent and former triple j presenter Alex Dyson. The one-time Coalition minister ultimately held his electorate of Wannon, which extends from Angelsea in Victoria along the coast to the South Australian border, with a 6.54 per cent margin on a two-party preferred basis.
Blackout rules mean broadcasters can’t air election ads during the days just before an election, which this year ran from 12am on May 1 to when polls closed on May 3.
The rules are intended to let voters think over their choices in a cooling-off period, according to the Australian Electoral Commission, but have been undermined by the growth of digital media, which is not captured by the rules.
The media authority’s report said the 15-second ads, which ran throughout the Grand Annual Day of the popular regional racing carnival, resulted in two complaints.
Prime Television Victoria accepted two ads “were inadvertently broadcast”, and subsequently provided a run-log of 21 additional breaches, the report said.
A spokesperson for Tehan said all inquiries should be referred to the media authority.
The television station told the authority it had expected Racing Victoria, which produced and broadcast content for Racing.com under a partnership with the Seven Network, would comply with regulations, but the regulator said in a statement that the licence holder was responsible for upholding the rules.
“These rules … have been in place for many years,” media authority member Carolyn Lidgerwood said in a statement. “We expect that broadcasters should understand their statutory obligations and be focused on compliance.”
Community organisation Voices of Wannon, which endorsed Dyson in the election, said it was disappointed but not surprised by the findings.
Alex Dyson (right) could not crack the rural seat of Wannon.Credit: Nicole Cleary
“Mr Tehan’s campaign was relentlessly negative and desperate, making all sorts of funding promises which will never come true,” vice president Genevieve Grant claimed. “The people of Wannon tell us they don’t want a career politician who only represents their party. They want someone who genuinely represents Wannon.”
Dyson declined to comment. Tehan said after his re-election that he was grateful for voters’ trust and would represent them to the fullest.
Prime Television Victoria told ACMA it had promptly removed the election material from the schedule once it became aware of the complaints, and reviewed its procedures so the breaches would not happen again.
ACMA said in a statement it was considering “appropriate enforcement action”.
The Seven Network was contacted for comment.
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