Australian Misinformation Bill Faces Roadblock From 2 More Senators

The legislation has been described as ‘dangerous’ by the Opposition.

Former Labor Senator Fatima Payman, now an independent for Western Australia, speaks to the media during a press conference at Parliament House in Canberra, Australia on July 4, 2024. AAP Image/Lukas Coch

Two more Senators have revealed they will oppose the Albanese Labor government’s mis- and disinformation bill.

Senator Fatima Payman, former Labor Senator for Western Australia, will oppose the bill due to concerns about freedom of speech.

“Freedom of speech is a pillar of our democracy, and this Bill threatens that. I’ve heard from so many of you who share this concern, and I agree,” she said.

Payman said that while misinformation and disinformation were problems, “this bill is not the answer.”

“The powers it grants could lead to over-censorship with the government deciding what does and doesn’t count as the truth,” she said.

“That’s not the Australia I believe in. That’s why I will vote against this Bill. I will always stand up for our freedoms and for an Australia where all voices can be heard. You can rely on me to have your back.”

Meanwhile, Senator for Tasmania Jacqui Lambie will also oppose the bill.

“The government says this bill will deal with the harm caused by lies spread on social media. It’s true that the spread of lies is bad for our democracy, but this Bill, in its current form, just isn’t the answer,” she said.

“This bill is more than 70 pages long, and my staff and I have been going through it with a fine tooth comb. It’s a case of the devil being in the details.”

Lambie raised concerns about the bill’s expectation that social media companies should regulate misinformation and hate speech on their platforms, effectively “making them the judge and jury all in one.”

“After careful consideration and listening to feedback, I’ve decided to vote no on the government’s misinformation and disinformation bill,” she said.

This comes after independent Senators Tammy Tyrrell and David Pocock indicated they would not support the bill in its current form.

The Coalition has made clear it will strongly oppose the bill, so the legislation will fail to pass the Senate unless the government can convince one more Senator to change their mind.

The legislation passed the House of Representatives on Nov. 8 with the support of Labor and teal MP’s Kate Chaney, Zoe Daniel, Monique Ryan, Sophie Scamps, Zali Steggall, and Kylea Tink.

Details of the Bill

The bill (pdf) defines mis- and disinformation as content that is reasonably verifiable as false, misleading or deceptive and “likely to cause or contribute to serious harm.”

“Serious harm” as defined under this bill is broad, including content that causes harm to public health, harm to the integrity of an Australian electoral process, and the vilification of a group in Australian society.

Further, it includes “imminent harm to the Australian economy, imminent damage to critical infrastructure, disruption of emergency services, and intentionally inflicted physical industry.”

However, there are controversial exemptions for professional news content, parody, and satire, as well as content for any religious, academic, artistic, or scientific purpose.

Australia’s media watchdog, the Australian Communications and Media Authority (ACMA), would have the power to hold digital platforms accountable for information spread on their platforms.

This includes making rules and issuing formal warnings, remedial directions, and fines by applying for injunctions and civil penalties.

Arguments For and Against

Communications Minister Michelle Rowland told Parliament that misinformation and disinformation pose a significant threat to the safety and well-being of Australians and democracy.

“This bill will increase the transparency and accountability of the actions of digital platforms in relation to seriously harmful misinformation and disinformation while balancing the freedom of expression that is at the very core of our democracy,” she said on Nov. 7.

On Nov. 12, Prime Minister Anthony Albanese was asked if he would still push ahead with the misinformation bill even if U.S. President-elect Donald Trump does not want it to go ahead.

“We decide the policies that Australia puts forward as a sovereign nation,” he said.

During the debate in the House of Representatives, Liberal MP James Stevens raised concerns the legislation could be used to silence political opponents before the next election.

“‘Misinformation’ and ‘disinformation’ are the sorts of labels you expect to read about in fictitious novels about big government controlling the citizenry,” he said.

“That is deeply concerning, even if the High Court strikes this sort of legislation down.”

Shadow Communications Minister David Coleman said on Nov. 12, “Labor’s shocking misinformation bill is one of the worst pieces of legislation ever put forward by an Australian Government. It must be defeated.”