Chapter 1Introduction
1.1In the Australian federal political context, the word ‘referendum’ describes a vote to change the Australian Constitution (the Constitution). Constitutional changes express a fundamental revision of the institutional and governmental arrangements of the country. While elected politicians propose a law to alter the constitution, approval of the proposed amendments is reserved for the Australian people, through a referendum. In this regard, the Constitution is the Australian people's document and a vote to amend it will be one of the most significant votes most people will make in their lifetime.
1.2The question to be put to the Australian people at the 2023 referendum will be:
A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
Do you approve this proposed alteration?
1.3This will be Australia’s first referendum in 22 years, and it has come about in an age where disinformation and misinformation are ubiquitous. With the vast uptake of social media across the world, and the increased likelihood that foreign actors may seek to interfere online, it has become more difficult for people to find fair and honest coverage that does not already affirm their convictions.
1.4The Australian public, no matter where they live or how they access information, need to have confidence that the information available to them is credible and evidence-base.
1.5For an undertaking as important as a referendum, communication with the public, the independence of the media, the countering of foreign interference, and freedom from misinformation are key to a sustainable, democratic outcome.
1.6Australians deserve to have confidence that the referendum to be conducted later this year has been conducted with integrity and appropriate governance and oversight. This necessitates a commitment to a referendum with structures that are fair, open, and transparent; that deal with foreign interference; and that provide an avenue for scrutiny.
1.7Preparations for the upcoming referendum are well-progressed. The Referendum (Machinery Provisions) Bill 2022 has been passed by the Parliament, and the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 is currently before Parliament.
1.8It is now appropriate to ask: how can Australian electors be assured of the integrity and fairness of the procedures and debate regarding the upcoming referendum?
Referral
1.9On 28 March 2023, the Senate referred the following inquiry to the Finance and Public Administration References Committee (the committee) for inquiry and report by 9 June 2023:
1.10The administration of the referendum to recognise Aboriginal and Torres Strait Islander peoples in the Constitution through an Aboriginal and Torres Strait Islander Voice, with particular reference to:
(a)protections against the potential for foreign actors to seek to influence the outcome or public debate on the referendum question;
(b)the detection, mitigation, and obstruction of potential dissemination of misinformation and disinformation, including via social media or technology platforms;
(c)the potential application of the Foreign Influence Transparency Scheme to the referendum and its participants;
(d)the potential application and administration of foreign donation laws to the referendum and its participants;
(e)the application of authorisation requirements to the referendum and its participants;
(f)the ongoing integrity and assurance processes of the Australian Electoral Commission; and
(g)any other related matters.
Conduct of the inquiry
1.11The committee agreed to open submissions on 29 March 2023 and set 24 April 2023 as the closing date. The committee wrote to a range of key stakeholder groups, organisations and individuals, drawing their attention to the inquiry and inviting them to make a written submission.
1.12The committee received 22 public submissions, which are available on the committee’s webpage and listed at Appendix 1.
1.13The committee held two public hearings for the inquiry: on 4 May 2023, in Melbourne; and on 10 May 2023 in Canberra. A list of witnesses who gave evidence at the hearings is available at Appendix 3 of this report.
1.14The committee thanks all those who contributed to the inquiry by making submissions and speaking before the committee at the public hearings.
Report structure
1.15The committee does not intend for this report to function as an exhaustive assessment of the administration of the upcoming referendum to recognise Aboriginal and Torres Strait Islander peoples in the Constitution, or, indeed, any future referendum.
1.16Many matters considered by the committee have established avenues for inquiry such as the Joint Standing Committee on Electoral Matters and the Senate Select Committee on Foreign Interference through Social Media.
1.17The committee considers the final report of the Joint Standing Committee on Electoral Matters’ inquiry into the Referendum (Machinery Provisions) Amendment Bill 2022 to be a thorough evaluation of the provisions on the bill. The first two recommendations contained in the report constitute sensible, well-considered measures that clearly encourage Aboriginal and Torres Strait Islander engagement with the referendum. That said, the committee reserves some comments on the amendments for this report.
1.18The committee also notes the Australian Consumer and Competition Commission’s ongoing Digital Platforms Inquiry, which has been considering the competition and consumer impacts of digital platforms since 2017. The ongoing nature of that inquiry has allowed it to comprehensively consider aspects of digital platform use, including those that may be relevant to this inquiry.
1.19Given this, the committee has chosen to focus on the following key issues that arose throughout the inquiry, structured as follows:
Chapter 2 discusses the conduct of the referendum as prescribed by the Referendum Machinery Provisions Act 1984;
Chapter 3 discusses the risk of foreign interference in the referendum;
Chapter 4 discusses the challenges of administering the referendum debate online; and
Chapter 5 contains the committee’s view and recommendations.