The Australian Electoral Commission v Johnston & Ors; Wang v Johnston & Ors; Mead v Johnston & Ors

These three cases, heard together, concerned applications by the Australian Electoral Commission (AEC) and two individuals, Mr Wang and Ms Mead, for declarations and injunctions against Mr Johnston and others. The dispute arose from the respondents' alleged contravention of provisions of the *Broadcasting Services Act 1992* (Cth) and the *Commonwealth Electoral Act 1918* (Cth) concerning the broadcasting and publication of electoral matter during the 2013 federal election campaign. The applicants sought to restrain further contraventions and to obtain declarations that the respondents had engaged in unlawful conduct. The matter was heard in the High Court of Australia.

The central legal issues before the High Court were whether the respondents had contravened the prohibition on broadcasting or publishing electoral matter during the period commencing 10 December 2012 and ending on polling day, 14 September 2013, without the name of the person authorising the broadcast or publication appearing on the matter. Specifically, the court was required to determine whether the respondents' actions constituted the broadcasting or publication of electoral matter within the meaning of the relevant legislation, and if so, whether the authorisation requirements had been met.

Hayne J found that the respondents had indeed contravened the provisions of the *Broadcasting Services Act 1992* and the *Commonwealth Electoral Act 1918*. His Honour reasoned that the material broadcast and published by the respondents constituted electoral matter, and that the absence of the required authorisation rendered these broadcasts and publications unlawful. The court applied the plain meaning of the statutory provisions, concluding that the respondents' conduct fell squarely within the prohibitions.

The court made declarations that the respondents had contravened the relevant sections of the Acts and granted injunctions restraining them from further contraventions.