AI for Politics Pty Ltd' is a Sydney-based Proprietary Limited company. The company created AI Elections Win ('AIEW'). AIEW is an AI tool that (i) enables candidates and political parties to analyze big data trends concerning voters' intentions within political campaigns; and (ii) creates chatbots, which will attempt to overcome unfavorable trends by automatically creating social media posts, digital platforms, and news content. The chatbots produce content that relates to matters of opinion and fact. Neither the chatbots nor the programmers have the capacity to verify the truth, veracity, or reliability of the content they produce.

In a press release, the "Western Party" announced that they will use AIEW to recover the majority in the Parliament of Western Australia ('WA'). Shortly after that release, the WA Parliament passed the AI Use in Electoral Campaign Act 2023 (WA) ('Campaign Act'). Section 3 of the Act imposes a 100% tax for the selling of AIEW in WA. In that state, there are only two AI development companies. Both companies have received State funding for developing AI tools to enhance democracy. Nevertheless, the development of a tool like AIEW is still far away in their plans. 

 AI for Politics Pty Ltd challenged the constitutionality of s 3 of the Campaign Act on one ground, namely, the violation of s 92 of the Australian Constitution.

Advise AI for Politics Pty Ltd on the likelihood that their challenge will succeed. Your advice should address:

(i) the issue raised relating to the s 92 ground for challenging the Act,

(ii) the arguments that AI for Politics Pty Ltd can raise to support their challenge, 

(iii) the current law and tests that the High Court will apply (highlighting any issues that may arise in the application of the law and those tests, and whether you think they are appropriate in their current formation to address the scenario).

Answer rating: 100% (QA)

i Issue raised relating to the s 92 ground for challenging the Act Section 92 of the Australian Constitution states that trade commerce and intercourse among the states shall be absolutely free AI for ... View the full answer