Newcastle Independents candidates told to stop using 'City of Newcastle' on Facebook pages

Candidates Dave Wild (Ward 3) and PJ Fallon (Ward 2) were issued with a "cease and desist" warning letter by the council's legal manager this week for the way they have been describing themselves on social media.

The first-time political candidates were each told that language on their Facebook pages "misleadingly suggests" they are "already an elected official" or "otherwise represent" the council.

Mr Wild was told that his page name of "Dave Wild, City of Newcastle" and a description which said "Representing Ward 3 Newcastle" was "misleading to members of the community".

"We consider that the misrepresentation on your social media amounts to non-complying electoral material under section 356B of the Local Government (General) Regulation 2021," Helen Sexton, acting manager legal, wrote.

"This letter serves as a warning to cease and desist this misrepresentation within seven days ... if you fail to do so [council] will refer the matter to the NSW Electoral Commission."

Mr Wild and Mr Fallon accept the reference to "representing" a ward could be misinterpreted and have changed those descriptions.

"I changed it because you could look at it and go, 'it is a bit confusing'," Mr Fallon said.

"But when they said I've got to change 'City of Newcastle', I'm not sure so sure about that. I don't think you can say you own the words City of Newcastle, but I might be proven wrong."

Mr Wild added: "I was a bit taken back. I get the 'representing' bit ... but as far as the City of Newcastle goes, I'm a bit objectional. As a property owner in the LGA I'm a ratepayer, I'm a stakeholder and I've got just as much right to use that as anyone else."

Newcastle Independents councillor Kath Elliott believes the words "City of Newcastle" should be able to be used by any candidate because "no one owns" them.

She is also concerned the situation has been a "politicisation of staff" and the letter was "designed to intimidate".

The letter to the candidates said the wordings in question had "been brought to the attention" of council.

Asked on Thursday what prompted the directive, the council said that there had been "complaints from the public regarding the social media accounts" and "several weeks ago we discreetly contacted the Newcastle Independents seeking the simple amendment".

Cr John Church said he was the Newcastle Independents representative contacted by the director of governance and was "led to believe" it was a councillor who had complained.

"My recollection is they said a councillor, who is a candidate, has raised the complaint," he said.

The Herald understands it was a candidate who complained but the council refuted it was a current councillor.

Cr Church said it was "inappropriate" for staff to have contacted the candidates about electoral material "when the have no jurisdiction over the electoral process".

"This is a matter for the electoral commission, not for council, and we're not even in a regulated period," he said. "When not in the election period yet."

He said the council should not be able to claim "exclusive rights" over the words "City of Newcastle".

"Even though they've registered the name, it doesn't feel right for them to be claiming some sort of exclusive ownership and denying people the use of that phrase".

A number of councillors use "City of Newcastle" in their councillor Facebook page names, but the council said as representatives they were free to do so.

"City of Newcastle' is a registered business name for the administrative arm of Newcastle City Council. It does not apply to those seeking to be elected as Councillors in two months' time," it said.

"City of Newcastle does not hold concerns with the social media titles of any other candidates seeking election."

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