Sam Rae (Hawke, Australian Labor Party) Share this | Hansard source

The threat posed by the spread of misinformation and disinformation is significant. While false, misleading and deceptive information has been around for centuries, the rise of digital platforms over the last 15 years has added a new and dangerous dimension. Misinformation can now be spread more widely and more easily through these platforms with less scrutiny and without the checks and balances of an editorial process.

The Albanese Labor government is committed to combating misinformation and disinformation. The powers proposed in the draft legislation would enable the Australian Communications and Media Authority to register and enforce a code of practice covering measures to combat misinformation and disinformation on digital platforms.

Importantly—and despite what some of those opposite would lead you to believe—ACMA will not have the power to request specific content or posts be removed from digital platform services. This draft legislation is not about having government regulation of individual pieces of content but simply about ensuring that digital platforms have adequate systems in place to address misinformation on their systems and their services.

Like all businesses, digital platforms have a responsibility to ensure that the operation of their businesses does not cause serious harm to the community. Digital platforms cannot simply turn a blind eye to the content posted on their platforms under the guise of free speech. Many of the largest platforms already understand this and take down misinformation and disinformation content, at scale, every day. In fact, eight of the largest digital platforms in Australia have signed up to a voluntary, self-regulatory code of practice, to respond to mis- and disinformation.

It is very disappointing that those opposite are hesitant to support these measures—that they would prefer to play politics than to focus on keeping Australians safe online. The motion goes so far as to call for the bill to be binned.

But what is the shadow minister actually suggesting? Is he saying that the Australian government should do nothing to combat misinformation and disinformation? Is he suggesting we should leave the Australian regulator powerless in the face of this modern-day threat? The motion says the definition of 'misinformation' is so broad that it could capture many statements made by Australians in the context of political debate. In fact, the definition sets a high bar and does not include all misinformation and disinformation. The definition covers content that is false, misleading or deceptive, that is likely to cause or contribute to serious harm, that is provided on a digital service and spread at scale.

The motion also notes:

authorised content by the Government cannot be misinformation, but criticisms of the Government by ordinary Australians can be misinformation …

The draft bill contains a number of exemptions to balance keeping Australians safe from serious harm with freedom of expression online. Those exemptions include content authorised by governments in Australia—by the Australian government or by a state, territory or local government. For example, state governments providing advice on social media to evacuate during a bushfire period would not be captured.

The motion also states that 'nothing an academic says can be misinformation', but' good faith statements made by ordinary Australians on political matters can be misinformation'. That is plainly incorrect. In fact, the proposed powers would exempt educational content produced for all by accredited education providers.

The motion states:

journalists commenting on their personal digital platforms could have their content removed as misinformation …

Professional news content is exempt from the proposed powers. The same definition for professional news as is used in the news media bargaining code has been applied in the draft bill.

Finally, it states:

if the Minister has a favoured digital platform, then that platform could be entirely removed from the application of the misinformation laws …

Designation of digital platforms in the communications portfolio isn't new. It was actually the Liberals and Nationals who introduced similar designation powers under the news media bargaining code legislation. What is the shadow minister suggesting about favoured platforms and the designation approach?

This draft legislation is not about censorship. It is about responding to a broadly recognised need to combat misinformation and disinformation and the harm that it causes to our kids and our communities. We understand that there is a balance to strike to ensure that any measure in the final legislation doesn't unduly impinge on freedom of speech. That's why the government put the draft bill through a thorough consultation process, encouraging submissions from the public, industry and the broader community. While we can't yet speak to what changes may be included in the updated draft, we remain committed to delivering a sensible, effective bill that combats the spread of misinformation and disinformation and the harm that they cause to our communities.

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