WIDE open to the possibility of abuse, the Federal Government’s newly revised communications and misinformation Bill is again being opposed by the Coalition including Wannon MP, Dan Tehan who said it was an attack on free speech.
The Australian Government said it was steadfast in its commitment to keeping Australians safe online and that includes ensuring the Australian Communications and Media Authority (ACMA) has the powers it needs to hold digital platforms to account from what it said was harmful mis- and disinformation on their services.
The revised Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 grants the ACMA enormous power to fine social media companies if they are found to have failed to properly censor ‘misinformation’ and ‘disinformation’.
The Combatting Misinformation and Disinformation Bill 2024 is a revised version from that which was introduced last year but that was strongly opposed.
More than 20,000 people put in submissions and comments opposing it, and so it was withdrawn in disgrace, Mr Tehan said.
Mr Tehan confirmed that the Coalition would again strongly oppose Labor’s new Misinformation Bill.
He said that with this latest attempt, the Government had again demonstrated a failure to respect the fundamental right of Australians to free speech.
“I agree that this is a Bill which has no place in Australia,” he said.
“Already I am getting calls, letters and emails about the Albanese Government’s planned laws.
“People in Wannon region just don’t trust Mr Albanese or his Government to speak the truth on their censorship laws.
“We saw it during the Voice debate, when Labor labelled any view it didn’t like or agree with as ‘misinformation’.”
The Bill aims to police what ACMA believes is seriously harmful online mis- and disinformation.
The government has defined the types of serious harm in the Bill as follows: “harm to the operation or integrity of an electoral or referendum process in Australia; harm to public health in Australia including the efficacy of preventative health measures; vilification of a group in Australian society; intentionally inflicted physical injury to an individual in Australia; imminent damage to critical infrastructure or disruption of emergency services in Australia; and imminent harm to the Australian economy.”
The powers would apply to a broad range of digital platform services – this includes search engines, news aggregators, instant messaging services, social media, web-forums, dating sites and podcasts with an interactive feature.
Institute of Public Affairs director of law and policy, John Storey said the Bill represented a “chilling assault on every Australian’s right to free speech”.
“It creates an unelected and unaccountable star chamber bureaucracy with the power to launch investigations and hearings to ensure compliance with censorship guidelines that can target mainstream Australians,” he said.
“It also has a new definition of ‘serious harm’ that is even broader than the first Bill and can potentially capture any difference of opinion.”
Shadow communications minister, David Coleman said the Bill would give digital platforms an enormous financial incentive to censor statements made by everyday Australians.
“If the government decides that they have not censored enough ‘misinformation’, they can face large fines,” Mr Coleman said.
“Digital platforms don’t care about the free speech of Australians – but they do care about their profits.
“So, they will censor large amounts of material to avoid the risk of fines.
“The provisions of the Bill are extremely broad and would capture many things said by Australians every day.
“Labor’s planned laws would also give the communications minister the powers to personally order Misinformation Investigations and Misinformation Hearings.”
“This is wide open to abuse and an extraordinary power for a minister to hold in a democracy.” Mr Tehan said the Coalition would again strongly oppose this legislation.
