A proposal for legislation designed to tackle online misinformation has seen Australia's Federal Government come under fire from an unlikely alliance of critics, who have warned it constitutes a "chilling assault" on free speech in Australia.
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024, which was introduced to Parliament last week by Communications Minister Michelle Rowland, would give the Australian Communications & Media Authority (ACMA) wide-ranging new powers to impose massive fines - up to 5% of global revenues - on social media platforms that allow the dissemination of misinformation and disinformation on their services.
Claiming that misinformation and disinformation pose a "serious threat" to social cohesion and democracy, the legislation shifts responsibility for enforcing compliance onto the platforms hosting it, running the risk that corporations would put the protection of their bottom line above free speech and religious expression.
Already in its second draft after an earlier version was universally condemned, including by the Australian Human Rights Commission, the updated legislation immediately came under ferocious attack by groups from all sides of public discourse.
Minister Rowland offered strong assurances that the revisions had taken great care to "carefully balance the public interest in combatting seriously harmful misinformation and disinformation with the freedom of expression that is so fundamental to our democracy", but many are warning it could potentially be used to silence beliefs and opinions that go against the mainstream opinions of the day.
Claiming the bill poses a dire threat to religious, political, and civic freedom, lobby groups say its definitions of misinformation and disinformation are far too broad, and would allow the government to silence legitimate beliefs and opinions that are not aligned with its own positions.
"The big tech companies will become the censorship and enforcement arm of the federal government to shut down debate and speech that it disagrees with," said John Storey, Director of Law and Policy at the Institute of Public Affairs (IPA).
"If a citizen were to disseminate information which was factually true, but ACMA or a fact checker labelled it 'misleading' or 'deceptive' because it 'lacked context', then that information would fall within the scope of these laws."
Faith groups also warned that genuine religious beliefs could be deemed 'misleading' and 'reasonably likely' to 'contribute to serious harm' for disagreeing with the government's positions on such issues as LGBTQI+ and reproductive rights.
"Digital platforms can be penalised for non-compliance with government expectations, but not for over-censorship," Australian Christian Lobby (ACL) CEO Michelle Pearse said.
"There's no knowing where this will end. Instead of safeguarding the free speech of Australians ... ACMA becomes an Orwellian Ministry for Truth. From public health to politics to the economy and ideology, ACMA will determine what Australians are, and are not, allowed to say online."
Free speech advocates were also alarmed by the revised legislation, with the Co-Director of The Free Speech Union of Australia, Dr Reuben Kirkham, calling the legislation an "attack on our freedoms."
"Despite the outpouring of public concern last time around, the government has still failed to address the key issues with it," he told Sky New Australia.
"How does anyone decide if the content contains information that is 'reasonably verifiable as false, misleading or deceptive' — it is as clear as mud."
The unveiling of the legislation saw Australian Prime Minister Anthony Albanese engage in a war of words with the billionaire owner of social media platform X, Elon Musk, who labelled the Albanese government "fascist" over its plans.
Albanese hit back at Musk's remarks in an opinion piece published by major media outlets across the nation, while Assistant Treasurer Stephen Jones dismissed them as "crackpot stuff".
"For the life of me, I can't see how Elon Musk or anyone else, in the name of free speech, thinks it is OK to have social media platforms publishing scam content, which is robbing Australians of billions of dollars every year," he said.
The legislation faces a difficult battle ahead, with the Federal Opposition likely to throw its support behind the bill's opponents, who see it as putting too much power in the hands of the government—undermining the very foundations vital to a free society.
"It's dangerous to allow government bureaucracies to make decisions about which types of information are true, safe and reasonable and to ban the rest," columnist Monica Doumit wrote in The Catholic Weekly.
"One of the key things that protects a society from tyranny is the free flow of information and the ability of anyone to speak their mind.
"Once that is taken away, it won't be easier to distinguish truth from lies, but it will be harder to distinguish truth from the 'approved narrative'."
