The Labor government has reintroduced the Misinformation and Disinformation Bill to Parliament after it was delayed in late 2023. The proposed law aims to empower the Australian Communications and Media Authority (ACMA) to address “misinformation and disinformation” on social media platforms such as X, facebook, Instagram, and TikTok. Corporations found in violation of the rules could face fines of up to 5 percent of their global revenue or $8.25 million (US$5.5 million).
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 was presented to the House of Representatives on Sept. 12 but is currently adjourned for debate until the next sitting of Parliament.
Labor Communications Minister Michelle Rowland stated that the Bill’s purpose is to “keep Australians safe online” by holding digital platforms accountable through ACMA’s authority. She emphasized that misinformation and disinformation pose significant threats not only to individuals’ safety but also to democracy, society, and the economy.
Rowland mentioned that revisions were made based on public consultation in order to strike a balance between combating misinformation in the public interest while preserving freedom of expression.
Critics have expressed concerns about the scope of misinformation being broadened by this legislation. United Australia Party Senator Ralph Babet described it as a “dystopian attack on free speech,” urging opposition from all political spectrums.
The Institute of Public Affairs criticized the bill as a “chilling assault on every Australian’s right to free speech.” Director of Law and Policy John Storey argued that even factual information lacking context could fall within its scope due to broad provisions censoring speech.
The Bill defines misinformation or disinformation as content reasonably verifiable as false, misleading, or deceptive when published online for Australian users. It must also be likely to cause or contribute serious harm or be distributed by a foreign power.
Serious harm includes potential damage not only related to electoral processes but also public health, vilification based on various characteristics such as race or religion, imminent damage to critical infrastructure, and emergency services.
Exceptions under this legislation include parody/satire content, professional news content, academic/artistic/scientific/religious purposes content. Social media companies will be required by ACMA rules to provide information regarding their handling of misinformation/disinformation.
ACMA can approve an industry code of conduct or introduce standards if self-regulation falls short; however, it cannot directly remove offensive accounts/content from platforms which remain responsible for managing their own terms of service.
Corporations failing compliance may face fines ranging from 5k-25k penalty units while individuals may face fines ranging from 1k-5k penalty units according to increased values set by the federal government in July 2024 ($330 per unit).
The federal opposition has previously expressed concerns about this legislation but will take time considering its current form according to Shadow Communications Minister David Coleman who emphasized freedom of speech’s importance in democracy.
