Misinformation Bill Back in Parliament: Critics Concerned Definition of ‘Harm’ Widened

The Labor government has brought back the Misinformation and Disinformation Bill to Parliament after it was delayed in late 2023.
The proposed law will provide the country’s media watchdog, the Australian Communications and Media Authority (ACMA), with the power to tackle “misinformation and disinformation” on social media platforms such as X, Facebook, Instagram and TikTok.
Corporations found to have contravened the rules could be fined up to 5 percent of their global revenue or $8.25 million (US$5.5 million).
Rowland said revisions had been made to the Bill following public consultation to carefully balance the public interest in combatting misinformation, with the freedom of expression.
The free market Institute of Public Affairs said the legislation is a “chilling assault on every Australian’s right to free speech.”
“The new Bill broadens provisions to censor speech, which even the government’s fatally flawed first draft did not include,” said Director of Law and Policy John Storey in a statement, who argued that the definition of “serious harm” was now so broad it could include a difference of opinion.
“If a citizen were to disseminate information which was factually true, but ACMA or a fact checker labelled it ’misleading‘ or ’deceptive’ because it lacked context, then that information would fall within the scope of these laws.”
It also includes harm to “public health” and any vilification of a group in society distinguished by their “race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality or national or ethnic origin.”
“The ACMA may make digital platform rules requiring digital communications platform providers to keep records and report to the ACMA on matters relating to misinformation and disinformation on digital communications platforms,” the Bill states.
Further, ACMA will also be able to approve an industry code of conduct or introduce standards for social media companies if self-regulation is not up to standard.
Meanwhile, ACMA itself will not be able to take down content or offensive accounts.
“Platforms are and will remain responsible for managing content on their services in line with their own terms of service,” the government said.
The federal opposition has previously raised concerns with the legislation, and said it would take time to consider the current Bill.
In Aug. 2023, Shadow Communications Minister David Coleman argued against the Bill saying Labor should “rip it up.”
“Freedom of speech is fundamental to our democracy, and the Coalition will always fight for it.”