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

In this photo illustration, social media apps are seen on a phone in New York City on March 14, 2024. Michael M. Santiago/Getty Images

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).

The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 (pdf) was introduced to the House of Representatives on Sept. 12.

Debate is currently adjourned and will resume at the next sitting of Parliament.

What Did the Minister Say?

Labor Communications Minister Michelle Rowland said the Bill was about “keeping Australians safe online” and gave ACMA power to hold digital platforms accountable.

“Misinformation and disinformation pose a serious threat to the safety and wellbeing of Australians, as well as to our democracy, society and economy. Doing nothing and allowing this problem to fester is not an option,” she said in a statement.

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.

“These revisions reflect that feedback and I look forward to seeing the Bill become law as we combat the threat of misinformation and disinformation,” she said.

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 Says Scope of Misinformation Broadened

United Australia Party Senator Ralph Babet described the legislation as a “dystopian attack on free speech.”

“This bill must be opposed by everyone. It doesn’t matter if you sit on either the left or the right of the political spectrum,” he said on X.

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.”

FabrikaSimf/shutterstock

How Is Mis- Or Disinformation Defined?

The Bill defines this as content that is “reasonably verifiable as false, misleading or deceptive” and must be published on an online platform to Australian users.

The content must also be deemed “likely to cause or contribute to serious harm” and can also be distributed by a foreign power.

What About ‘Serious Harm?’

Serious harm has a broader ambit and includes content that could cause “harm to the operation or integrity of a Commonwealth, state, territory or local government electoral or referendum process.”

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.”

Further, it can also include “imminent” damage to critical infrastructure and emergency services.

Any Exceptions?

Under the Bill, some exceptions include content that is parody or satire, “professional news content,” or content for any “academic, artistic, scientific, or religious purpose.”

Social Media Companies Must be Transparent

Australia’s media watchdog will be able to force social media companies to provide information on how they deal with mis- or disinformation.

“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.

Corporations failing to comply face fines of 5,000 to 25,000 penalty units, and 1,000 to 5,000 penalty units for individuals. The federal government increased the value of each penalty unit to $330 in July 2024.

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.”