Victoria council member Stephen Hammond's lawyers are putting a local campaigning group on notice for false and misleading advertising less than a week from the referendum aimed at deciding the future of Crystal Pool.
On Monday, Feb. 3, government law firm Dominion GovLaw sent a letter to the Let's Get Crystal Clear campaign, drawing attention to their "Vote Yes for Crystal Pool" advertising and an unknown quote from Hammond that was used in a brochure that the firm says "is not an endorsement of the 'Yes' campaign.
"Councillor Hammond’s position is that he does not endorse either the Yes or No campaigns and that he will abide by the public’s decision in the referendum. As Vote Yes closely follows this referendum, it knows better," noted the letter. "To underscore its culpability, Vote Yes’s brochure led with Councillor Hammond’s quote even though it has two councillors who are publicly taking part in the Yes campaign.
"As such, your brochure and any other medium where you have used Councillor Stephen Hammond’s quote is false and misleading. Further, it is unethical."
The lawyers cited the Local Elections Campaigns Finance Act, where the brochure used by the campaigners would be considered advertising. According to the act, false and misleading advertising can be subject to a maximum fine of $10,000, or $20,000 for organizations, or two years incarceration.
The campaign was given 24 hours to publicly post a retraction and apology to the council member.
In an emailed statement, the campaign said they felt the quotes are "fair public use," though they will cease using them in online and printed materials.
"At Councillor Hammond's request, we will cease using his quote in online and printed materials. Councillor Hammond's official position is that he does not endorse either the YES or NO campaigns. We, as a campaign, are committed to transparent and ethical behaviour," noted the statement.
"This referendum is not about individual councillors. This referendum is about the need to replace Crystal Pool and Fitness Centre before it closes for good. We have been out in the community, and are continually hearing that voters support a new facility. We urge Victorians to focus on the issue and get out to vote this Wednesday and Saturday."
