Musk Criticises Australia’s Misinformation Bill, Government Defends Sovereignty

Conservative demonstrators who allege the government pressured or colluded with social media platforms to censor right-leaning content under the guise of fighting misinformation protest outside the US Supreme Court in Washington on March 18, 2024. Saul Loeb/AFP via Getty Images

The Australian government’s Misinformation Bill has drawn criticism from U.S. tech billionaire Elon Musk, as well as the federal opposition.

The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 was introduced to Australia’s Parliament on Sept. 12.

Under the proposal, social media companies face fines of up to 5 percent of their global revenue for failing to censor “misinformation” that is deemed to cause “serious harm” online.

In response, Musk responded with a one-word post saying, “Fascists,” on Sept. 12.

A day later, Australian government Assistant Treasurer Stephen Jones called it “crackpot stuff.”

“This is about sovereignty, and whether it’s the Australian government or any other government around the world, we assert our right to pass laws which will keep Australians safe, safe from scammers, safe from criminals,” Jones told the Australian Broadcasting Corporation (ABC).

He said it was absurd to assume law that regulate defamation, criminal activity, and false and misleading statements applied everywhere but the internet.

“I can’t see how Elon Musk, or anyone else, in the name of free speech, thinks it’s ok to have social media platforms publishing scam content, which is robbing Australians of billions of dollars every year, publishing deep fake material, publishing child pornography, live streaming murder scenes. I mean, is this what he thinks free speech is all about?” Jones said.

Musk’s commentary on Australian law follows ongoing proceedings between X and the country’s eSafety commissioner.

The Misinformation bill (pdf), which is up for debate again in October, has drawn criticism for its potential impact on Australians’ right to free speech.

What Powers Does the Watchdog Receive?

The legislation gives the Australian Communications and Media Authority (ACMA) new powers to tackle the dissemination of “misinformation and disinformation.”

However, ACMA will not have the power to remove posts individually, instead, its focus is on dealing with Big Tech “systems” that regulate offending content.

“This is not about individual pieces of content, it’s not about the regulator being able to act on those, it’s about the platforms doing what they said they'll do,” Communications Minister Michelle Rowland told the ABC on Sept. 11

So social media companies will need to keep records and provide any information to ACMA on how they manage mis- or disinformation.

Further, ACMA will need to approve any code of conduct agreed to by social media companies, or if this is inadequate, create one and enforce it.

What is Misinformation and Serious Harm?

The bill defines misinformation as content that is “reasonably verifiable as false, misleading, and deceptive,” and is published on a digital service used by Australians.

Further, the content must also be deemed “reasonably likely to cause or contribute to serious harm.”

“Serious harm” is defined as 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,” the efficacy of preventive health measures (a callback to contentious pandemic management measures), and vilification of a group in society distinguished by “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, as well as to the Australian economy, including public confidence in the banking system or financial markets.

However, professional news content, parody or satire, and content for any academic, artistic, scientific, or religious purpose is exempt.

Opposition Will Examine Bill, Vows to Back Freedom of Speech

Shadow Communications Minister David Coleman said the Liberal-National Coalition would thoroughly assess the “Misinformation Bill Mark II.”

“The Coalition will always stand up for the rights of ordinary Australians to express their political views,” he said in a statement provided to The Epoch Times, saying the Bill was previously condemned by tens of thousands of Australians when it was initially put forward last year.

“It also drew strong criticism from groups including the Human Rights Commission, civil liberties bodies, the Australian Law Council, and religious institutions,” Coleman said.

“It’s clear that there remain very substantial issues with the Bill. For instance, the Bill confers a power on Minister Rowland to personally order specific investigations into ’misinformation.'”

Nationals Senator for Queensland Matt Canavan posted snippets of the Bill, raising concerns about the definition of harm, while Liberal MP Keith Wolahan said legitimate debate should not be censored.

“We saw that happen in The Voice debate. Legitimate legal arguments were labelled by the government as ’misinformation.'” he told Sky News Australia.

Meanwhile, the Libertarian Party has pledged to organise a public rally on Sept. 28 to oppose the Bill.

“They are erecting an East German-style surveillance state. They want to treat us like farm animals,” NSW Libertarian MLC John Ruddick said.