NSWIn ForceAct
Electoral Act 2017
189BDigitally generated electoral material to include certain statements
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#### 189B Digitally generated electoral material to include certain statements
189B Digitally generated electoral material to include certain statements
> > (1) A person must not, during the regulated period, print, publish, distribute or publicly display digitally generated electoral material that depicts a digitally created person, event or place that a reasonable person would think is an actual person, event or place unless the material contains—
> >
> > > (a) a statement that the material is digitally generated electoral material, and
> >
> > > (b) the statement is—
> > >
> > > > (i) for audio visual content—written and spoken, or
> > >
> > > > (ii) for visual content—written, or
> > >
> > > > (iii) for audio content—spoken.
> >
> > Maximum penalty—
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> > > (a) for an individual—20 penalty units or imprisonment for 6 months, or both, or
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> > > (b) otherwise—100 penalty units.
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> > (2) The statement must be printed, published, distributed or publicly displayed or communicated, in a way, if any, prescribed by the regulations.
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> > (3) It is a defence to a prosecution for an offence against this section if the defendant establishes that the defendant—
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> > > (a) took no part in determining the content of the digitally generated electoral material, and
> >
> > > (b) could not reasonably be expected to have known that the digitally generated electoral material contravened subsection (1).
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> > (4) In this section—
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> > digitally generated electoral material—see section 189A(4).
>
> **s 189B:** Ins 2026 No 6, Sch 1\[81\].