Critics Worry as Misinformation Bill Returns to Parliament with Expanded Definition of ‘Harm’
Labor Minister Michelle Rowland emphasizes that the new Misinformation Bill is designed to protect democracy.
The Misinformation and Disinformation Bill has been reintroduced to Parliament by the Labor government after a delay in late 2023.
This proposed legislation gives the Australian Communications and Media Authority (ACMA) the authority to address “misinformation and disinformation” on popular social media platforms like X, Facebook, Instagram, and TikTok.
The debate is currently paused and will resume during the next parliamentary session.
What Was the Minister’s Comment?
Labor Communications Minister Michelle Rowland stated that the Bill’s purpose is to “ensure Australians’ online safety” and give ACMA the ability to hold digital platforms accountable.
Rowland noted that revisions were made to the Bill after public feedback to strike a balance between combating misinformation in the public interest and maintaining freedom of expression.
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“These changes address the feedback received, and I am optimistic about the Bill becoming law as we combat the menace of misinformation and disinformation,” she mentioned.
Australian Minister for Communications Michelle Rowland during Question Time in the House of Representatives at Parliament House in Canberra, Australia,
on March 27, 2023. AAP Image/Mick Tsikas
Critics Express Concerns About Broadened Scope of Misinformation
United Australia Party Senator Ralph Babet called the legislation a “dystopian assault on free speech.”
The Institute of Public Affairs criticized the law as a “disturbing attack on every Australian’s freedom of speech.”
“The updated Bill expands provisions for censoring speech, which were not present in the flawed initial draft,” said John Storey, Director of Law and Policy, asserting that the definition of “serious harm” is now so broad that it could encompass differing opinions.
“If a person disseminates factually accurate information, but it is labeled ‘misleading’ or ‘deceptive’ by ACMA or a fact-checker due to lack of context, it would fall under the purview of these laws.”
FabrikaSimf/shutterstock
How Is Mis- Or Disinformation Defined?
The Bill defines such content as material “reasonably verifiable as false, misleading, or deceptive” and must be shared on an online platform with Australian users.
The material must also be considered “likely to cause or contribute to serious harm” and can be disseminated by a foreign entity.
What Constitutes ‘Serious Harm?’
‘Serious harm’ has a wide range and includes content that could cause “damage to the operation or integrity of government elections or referendums at federal, state, territory, or local levels.”
It also covers harm to “public health” and any discrimination against a group based on characteristics like “race, religion, gender, sexual orientation, gender identity, intersex status, disability, nationality, or ethnic origin.”
Additionally, it can encompass “imminent” harm to essential infrastructure and emergency services.
Are There Any Exceptions?
Some exceptions under the Bill include content classified as parody or satire, “professional news content,” or material created for “academic, artistic, scientific, or religious purposes.”
Social Media Platforms Must Show Transparency
Australia’s media regulatory body can compel social media companies to disclose their methods for handling misinformation or disinformation.
“ACMA has the authority to establish regulations for digital platform providers to maintain records and report to ACMA on matters concerning misinformation and disinformation on their platforms,” states the Bill.
In addition, if self-regulation falls short, ACMA can endorse an industry code of conduct or implement standards for social media companies.
However, ACMA itself cannot remove content or offensive accounts.
“Platforms are and will continue to be responsible for managing content on their services in accordance with their terms of service,” as stated by the government.
The opposition has previously voiced concerns about the law and stated that it would need time to review the current legislation.
In August 2023, Shadow Communications Minister David Coleman objected to the Bill, asserting that Labor should “discard it.”
“The protection of freedom of speech is vital to our democracy, and the Coalition will always champion it.”
