The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Cth) (Misinformation Bill) was announced by the Department of Infrastructure, Transport, Regional Development, Communication and the Arts (DITRDCA) in January 2023. The Misinformation Bill is aimed at restricting the flow of misinformation and disinformation by providing the Australian Communications and Media Authority (ACMA) with increased power to hold digital platforms accountable for allowing the dissemination of allegedly misleading information.
What is the intention of the Bill?
The DITRDCA views misinformation and disinformation as a threat to the safety and wellbeing of Australians, as well as to democracy, society and economy. This Bill has been introduced as an exposure draft to gain public opinion on these growing challenges, attempting to evaluate a way to balance the freedoms of Australians whilst protecting them from serious online harm.
What is a digital platform?
The Misinformation Bill, if passed, will introduce a new schedule (Schedule 9) that classifies any content creation, connective media or media sharing service as a digital platform service (Digital Platform). This means that popular platforms such as Facebook, Instagram, TikTok, and potentially video hosting services such as YouTube, will be considered under the scope of a digital platform and be bound by the digital platform rules implemented alongside their classification under Schedule 9.
What is misinformation and disinformation?
For the purposes of the proposed schedule, misinformation is defined as:
- information that is false, misleading, or deceptive;
- provided on a digital service to one (1) or more end users in Australia; and
- content that is reasonability likely to cause or contribute to serious harm.
Disinformation is an aggravated version of misinformation that requires the presence of an intention to deceive.
How wide would the scope of ACMA’s powers be?
The Misinformation Bill empowers the ACMA to combat any misinformation or disinformation on digital platforms that is reasonably likely to cause serious harm. To this extent, the Misinformation Bill proposes that ACMA be granted the following powers:
- enable ACMA to gather information from, or require digital platform owners to keep records about matters relating to misinformation and disinformation (section 14);
- enable ACMA to request that an industry code of practice be developed to combat misinformation and disinformation. This code of practice could be registered and enforced by the ACMA (section 38);
- enable ACMA to create and enforce an industry standard on misinformation and disinformation on digital platforms (section 3);
- enable ACMA to investigate Digital Platforms and person with information relating to misinformation and disinformation (section 18); and
- provide ACMA the power to legally enforce or penalise an entity for failure to comply with the above (section 15).
Which platforms will be excluded?
Under section 4(1) of the Misinformation Bill, digital services such as SMS, MMS and internet carriages are excluded from the definition of a digital service platform, with email services and non-interactive media being excluded for misinformation purposes pursuant to section 6.
Things to be considered about the contents of the Misinformation Bill
- Are the definitions of misinformation and disinformation narrow enough to not supress unpopular or controversial opinions?
- How do we distinguish subjective information from misinformation and disinformation?
- Where does clickbait and other audience interaction tactics fall under the definitions of misinformation and disinformation?
Links and further references
Legislation
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023
Further information about business promotion on Digital Platforms
If you need advice on how the Bill will affect your business promoting itself on Digital Platforms, contact us for a confidential and obligation-free discussion:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Disclaimer
This article contains general commentary only. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
Related insights about business promotion on Digital Platforms
-
Domain name disputes – the case of eazyjet.com
Learn more about domain name disputes and the evidence required to establish confusion, rights, and bad faith. Internet Corporation for Assigned Names and Numbers (ICANN) and World Intellectual Property Organization (WIPO) provide legal elements and remedies, and the implications of failing to respond to a complaint.
-
EU General Data Protection Regulations (GDPR) – How to comply
The General Data Protection Regulation (GDPR) applies to Australian entities processing personal data of European Union (EU) citizens/residents. It outlines principles, notification obligations, penalties for non-compliance, and requirements for cross-border data transfers.
-
Legal challenges arising from data loss
Organisations must protect confidential data from external and internal threats. Learn steps to secure data, potential data breach implications, and how a data breach notification bill may require affected entities to notify consumers.
-
Data Breach Bill 2016 – key data security considerations
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 has been passed, making notification of data breaches mandatory from 23 February 2018. Find out how this could affect you and what measures you can take to protect your data.
-
Legal risks in the in-app purchase model
Software developers and publishers are offering users the chance to make In-App Purchases within their software, but there are legal risks involved. Learn how to protect yourself and your business by understanding the requirements of distribution platforms and Australian consumer law.
-
Letting go of employees threatening to go to the media
When employees leak confidential information or threaten to go to the media, employers can face serious consequences. Find out what the Fair Work Commission says about this issue and what options employers have to protect themselves.
-
Data security – the increasing burden
The consequences for an Australian business victim for a breach of cyber security are forecast to exponentially increase. In February 2015 the Parliamentary Joint Committee on Intelligence and Security (Committee) recommended the introduction of mandatory data breach notification scheme (Scheme) by the end of 2015.[1] Whilst the details of the incoming Scheme are currently scant,…
-
What exactly is an advertising sign-off?
Injunctions are Court orders that can restrain almost any conduct. Prohibitory, Mandatory, and Ex Parte injunctions can be sought if serious question to be tried, urgency, damages would not suffice, and the balance of convenience favours the applicant.
-
Facebook comments ruled as workplace bullying
A ruling by the Fair Work Commission has broadened the concept of ‘being at work’ to include activities authorized or permitted by the employer. Learn more about how this could affect your workplace and why it’s important to have a strong social media policy in place.
