Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Link to this | Hansard source

I rise today to address an issue of profound importance to the integrity of our democracy. That is, of course, Labor's Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024. Under the Albanese government, this legislation threatens to undermine the democratic culture that has been a cornerstone of Australian society. While misinformation and disinformation are genuine challenges in our digital age, the solution cannot be one that gives excessive power to the government, stifles open debate and compromises freedom of speech.

It is not controversial to assert that this bill is deeply flawed. It risks creating a two-tier system of free speech where what is deemed acceptable depends not on the merits of the statement but on who is speaking. For example, a statement made by an academic might be protected while the same words from an everyday Australian could be deemed harmful or even illegal. These arbitrary distinctions are symptomatic of a far deeper issue—the overreach that is inherent in this government's policies.

This bill would grant unprecedented powers to the communications minister. It would allow for investigations into so-called misinformation and could result in fines against social media companies that fail to comply with its ill-defined standards. Let me paint a picture of what this could mean in practice. Imagine a social media post online where someone questions prevailing views, perhaps on climate change or economic policy. Even if the statement is not malicious or deliberately deceptive, it could be flagged as harmful to the environment or the economy and subsequently removed. Is this the kind of society we want to create—a society where legitimate questions and opinions are silenced because they don't align with government narratives?

The Law Council of Australia has rightly expressed concern over the vague definitions in the bill, particularly the terms 'harm' and 'serious harm', which rely on value judgements that are both subjective and politically sensitive.

Australians have every reason to be alarmed. As a nation that has consistently ranked among the top democracies in the world, we have now slipped to 14th place under the Albanese government's watch. This is not a reflection of our electoral process or institutions. They remain very robust. Instead, it's a reflection on the diminishing health of our democratic culture, the openness of debate and the ability of Australians to participate fully and freely in our political system. It is not the Australian people who are failing democracy; it is the government.

The rush to push this bill through parliament, limiting public consultation and scrutiny, shows blatant disregard for transparency and accountability. Australians were given a mere week to make submissions to a Senate inquiry. This is an insult to the democratic process. To be clear, addressing misinformation is important. However, the answer is not more government power, censorship or punitive measures. In a democracy, we resolve differences through open debate and evidence, not through silencing dissenting voices.

If passed, the bill would represent a dangerous step backward for our nation. I and many others urge the Albanese government to heed the warnings of the Australian public, legal experts and those of us in this chamber who value freedom and democracy. As Benjamin Franklin, one of the architects of modern democracy, famously said, 'Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.' This generation of Australians must stand up against this overreach and protect the liberties that define our way of life. This misguided legislation should be abandoned, and the Albanese government should pursue a more thoughtful, measured approach to the challenges of misinformation—one that respects democratic principles and the intelligence of the Australian community.