In the 2019 election campaign, billionaire Clive Palmer spent around $80 million (US$60 million) on advertising, including ubiquitous billboards and television and radio ads to promote his United Australia Party (UAP). Although the UAP ran candidates in all 151 electorates, it only received a primary vote of 3.4 percent and failed to elect any of its candidates.
This year, the billboard advertising campaign has been reinstated, and television viewers are again bombarded with advertisements for the UAP.
The advertisements for the upcoming election, that will be held on May 21, focus on the task of regaining people’s “freedom,” which was a casualty during the COVID-19 pandemic when state leaders adopted oppressive measures, providing for repeated lockdowns, social distancing rules, mask and vaccine mandates, and border closures—all resulting in severe restrictions on freedom of movement.
Especially in Western Australia (WA), now effectively a one-party Labor state following the obliteration of the Liberals and Nationals in the March 2021 election, the government’s oppression of freedom of movement has been harsh and enforced ruthlessly by a politicised police force.
Specifically, he contended that the Quarantine (Closing the Border) Directions (WA) and the authorising Emergency Management Act 2005 (WA) were constitutionally invalid because they violated the section 92 of the Constitution, according to which “trade, commerce, and intercourse among the states, whether by means of internal carriage or ocean navigation shall be absolutely free.”
However, the High Court held that the burden on interstate intercourse was justified by the non-discriminatory purpose of preventing transmission of the coronavirus. The Court also held that the state measures were proportionate to the objective the State sought to achieve, namely the prevention of the spread of the coronavirus.
One could take issue with the High Court’s claim that there was “no effective alternative” to the closure of the state border. Prof. Augusto Zimmermann has suggested that the Court misinterpreted the Constitution because it overlooked the meaning of the word “absolutely.”
Even today, although the WA’s state border re-opened on March 3, there are still significant restrictions in place, making it difficult, even inconvenient, for people to travel to the state.
Palmer’s political advertising blitz raises the question whether there should be limits on spending for political adverting. Those who argue in favour of limiting politicians’ spending levels believe that unlimited advertising has the potential to influence the outcome of elections, thereby denigrating the process of democracy.
For example, Anthony Whealy, QC, a former Appeal Court judge has described Palmer’s actions, while legal, as nevertheless “obscene” and “dangerous for democracy.”
Clive Palmer is thus legally allowed to use his wealth for the purpose of attacking what he regards as severe injustices in society. In highlighting the importance of “freedom,” Palmer is justifiably reminding the electorate of the grave injustices, which were caused by the capricious authoritarian behaviour of state governments, notably in Western Australia.