Political payola: the 'cash for comment' scandal and Australia's protection of political speech

This article concerns political payola, the practice of paying radio presenters to express favourable political comments on air. Australia, along with the US, seeks to strengthen political debate by requiring disclosure of payola. I argue that whether or not it is disclosed, the commercialisation of speech represented by payola is undemocratic and corrupting, narrowing political discourse. I advocate its prohibition in current affairs radio, as in the UK and Germany. Mindful, however, of the protection the Australian Constitution affords the right to paid political advertising (Australian Capital Television v Commonwealth), I ask how such a ban might be introduced into Australian commercial radio regulation.