Senate debates

Thursday, 10 October 2024

Committees

Adopting Artificial Intelligence (AI) Select Committee; Report

3:43 pm

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Hansard source

The coalition members of the Select Committee on Adopting Artificial Intelligence hold that the regulation of AI poses one of the greatest challenges in the 21st century in the context of our public policy. Nevertheless, the coalition members of the committee hold that any AI policy framework ought to safeguard Australia's national security, cybersecurity and democratic institutions without infringing on the potential opportunities that AI presents in relation to job creation and productivity growth. As the report of the Select Committee on Adopting AI is an interim report and solely considers the impact of AI on democracy, the additional comments of the coalition members of the committee focused only on this chapter, and we will hold off on a broader response until the committee concludes its final report.

The coalition holds that any electoral changes to improve Australia's democracy ought to be assessed against four core principles: firstly, fair, open and transparent elections; secondly, equal treatment of political participants; thirdly, freedom of political communication and participation without fear of retribution; and, fourthly, recognising freedom of thought, belief, association and speech as fundamental to free elections. Australia's success as a democracy is reliant on the effective operation of the Australian Electoral Commission and the federal government more broadly to satisfy and uphold these four principles. Ensuring that Australians have continued faith in the electoral system is paramount to Australia's faith in its government. The coalition's response to the five recommendations proposed in the interim report are guided by these four core principles.

The first recommendation recommended that, ahead of the next federal election, the government implement voluntary codes relating to watermarking. Though coalition members of the committee do not oppose this recommendation in principle, the coalition reserves its final position on this recommendation until the United States policy response to AI is holistically assessed following the US election. With different US states opting for different policy responses to manage AI, the US election will provide guidance to Australian policymakers on the different mechanisms to manage the risks that AI poses to Australia's democracy.

The second recommendation from the committee recommends that the Australian government undertake a thorough review of potential regulatory responses to AI. The coalition members of the committee would welcome a thorough review of potential regulatory responses, but the coalition members of the committee will not support any rushed legislative responses to fit political timelines, especially if the response contains prohibitions or restrictions on freedom of speech.

The third recommendation from the committee recommends that laws restricting the production or dissemination of AI content be designed to complement rather than conflict with the recently introduced disinformation and misinformation reforms and foreshadowed truth-in-political-advertising reforms. The coalition members of the committee strongly oppose this recommendation. The coalition members do not support the introduction of measures that purport to adjudicate truth in political advertising, nor does the coalition support the dystopian reforms included in the government's Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill.

Freedom of speech and the contestability of ideas are necessary, indeed compulsory, for a healthy liberal democracy. Distinguishing between truth, opinion and falseness is an inherently subjective process and one that is appropriately left to the Australian public. The federal government and its bureaucrats, no matter how independent and qualified, has neither the scope nor the ability to adjudicate what is or is not misinformation. It is inappropriate for any government body, let alone a government minister, to have the authority to censor the Australian people and their political parties in their communications. Australian democracy ought to remain a marketplace of ideas. If Australians share statements that are considered to be false, it is the role of civil society to hold their statements to account, not for the federal government to prohibit such statements in the first place.

The fourth recommendation from the committee relates to mandatory guardrails for AI in high-risk settings. Similar to the first recommendation, the coalition members of the committee do not oppose this recommendation in principle, although the coalition will reserve its final position until the United States policy response is assessed following the US election.

The fifth recommendation from the committee is that the government examine mechanisms to improve AI literacy for Australians. While the coalition does not oppose this recommendation, it is particularly important in the electoral contest that any AI education programs are designed following extensive consultation with the opposition.

Unlike the theme of the report, the coalition members of the committee hold that freedom of speech is not a mere constitutional guardrail but is integral to the success of our liberal democracy. That is why coalition members of the committee strongly oppose laws that purport to adjudicate truth in political advertising and the dystopian reforms set out in the government's Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024.

It is not surprising that the Labor government are seeking to develop further mechanisms to control the Australian public. Indeed, proposals that purport to govern truth in political advertising and proposals targeted at providing social media giants with financial incentives to silence the Australian public play into the consistent dystopian vision that the Labor Party has for our country—a vision of less freedom, greater executive secrecy and less transparency. As such, it is unsurprising that the Labor Party are now attempting to use further vehicles to censor the Australian public, through misinformation regulations and laws that purport to adjudicate truth in political advertising.

The coalition members of the committee are concerned that if the government introduces a rushed regulatory model for AI with prohibitions on freedom of speech in an attempt to protect Australia's democracy, the cure will be worse than the disease. The coalition members of the committee would welcome the opportunity to work with the government on balancing how our freedom of speech can be protected in an AI world.

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