[LINK] Draft Bill on Misinformation

[Stephen Loosley]

Millions of dollars in fines to punish online misinformation under new draft bill

By ABC political reporter Nabil Al-Nashar Posted 5h ago https://www.abc.net.au/news/2023-06-25/fines-to-punish-online-misinformation-under-new-draft-bill/102521500

Online platforms spreading misinformation could face millions of dollars in penalties under new proposed government legislation that bolsters the power of Australia's media watchdog.

Key points:


  *   The ACMA would be able to require digital platforms to turn in records of matters related to misinformation and disinformation
  *   Industry would be requested to develop a code of practice with violations of the code resulting in penalties of up to $2.75 million dollars or 2 per cent of global turnover
  *   According to the draft bill, misinformation is defined as unintentionally false, misleading or deceptive content


The Australian Communications and Media Authority (ACMA) would be armed with the ability to require digital platforms to keep certain records about matters regarding misinformation and disinformation and turn them over when requested.

Communications Minister Michelle Rowland said this would "essentially mean that the regulator is able to look under the hood of what the platforms are doing and what measures they are taking to ensure compliance".

The ACMA would also be able to request the industry to develop a "code of practice" covering measures to combat misinformation.

Violating the code could result in penalties up to $2.75 million dollars or 2 per cent of global turnover — whichever is greater.

And lastly, the ACMA would be empowered to create and enforce its own industry standards.

Penalties for breaching the standards could see companies paying up to $6.8 million or 5 per cent of their global turnover.

A woman with short hair and a colourful heavily pattered jacket sits at the dispatch box in the House of Representatives.

Communications Minister Michelle Rowland says "the government has no intention of stifling freedom of speech".(ABC News: Matt Roberts)

Freedom of speech concerns

Shadow Minister for Communications David Coleman raised some concerns about the new proposed law, noting "this is a complex area of policy and government overreach must be avoided".

"[The] public will want to know exactly who decides whether a particular piece of content is misinformation or disinformation," he said.

According to the draft bill, misinformation is defined as unintentionally false, misleading or deceptive content.

It also defines disinformation as misinformation intentionally disseminated to cause serious harm.

Ms Rowland said "the government has no intention of stifling freedom of speech in this area" but instead aims to "keep Australians safe".

Social media platforms, news-aggregators and even podcasts would all be subject to the regulator's new powers.

The ACMA has already been in consultation with social media giants during the bill's drafting.

Ms Rowland warned "social media platforms are on notice that they have an important role in this area".

She also stressed the regulator would not have the power to remove individual pieces of content and made clear the new powers would not apply to professional news content.

Public consultations commenced today and will close on August 6.

The Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 is now in the public consultation stage.

Posted 5h ago