Minister Could Have Authority to Empower 3rd-Parties to Investigate ‘Misinformation’: FOI

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Australia’s communications minister, Michelle Rowland, was concerned a “US-style” debate on free speech could impact the Labor government’s proposed Misinformation Bill.

The legislation was initially planned for introduction to the Parliament in the Australian Spring, but has been delayed for “refinement.”

A public consultation on the draft from June to August 2023 received 23,000 submissions, with many against the plan.

In a letter to the prime minister in June, released under Freedom of Information (FOI), Ms. Rowland wrote to Prime Minister Anthony Albanese seeking his approval on her approach to passing the legislation.

“I am writing to seek your agreement to minor refinements in relation to the development of a new Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023,” Ms. Rowland wrote to the prime minister.

“To improve transparency, I would have the ability as the minister to direct the ACMA to commence investigations under the Broadcasting Services Act 1992 and generally under the Australian Communications and Media Authority Act 2005 in relation to the new functions.”

Minister Authorised to Empower 3rd-Parties to Investigate ‘Misinformation’

The letter to Mr. Albanese also notes the Australian Communications and Media Authority (ACMA) recommended extending information-gathering powers to “other persons” such as fact-checkers and third-party platform contractors to monitor compliance with misinformation codes, standards, and digital platform rules.

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“The draft Bill would give effect to this suggested change,” Ms. Rowland said.

The new law, if passed, would provide the ACMA with new powers to “combat online misinformation and disinformation.”

The exposure draft of the legislation provides examples of issues that could be “dealt with” by misinformation codes and standards.

These include supporting “fact-checking,” “preventing or responding to misinformation and disinformation on digital platform services,” and “preventing monetisation of misinformation and disinformation on digital platform services.”

The ACMA would have the power to issue fines, and formal warnings,

In November, Ms. Rowland advised that she was considering possible legislation changes, including protections for religious expression.

“In the face of seriously harmful content that sows division, undermines support for pillars of our democracy, or disrupts public health responses, doing nothing is not an option,” Ms. Rowland said at the time.

“The government is considering refinements to the bill, including to definitions, exemptions, and clarification on religious freedom, among other things.”

Fears of US-Style Debate on Freedom of Speech

The FOI document, including the letter, also contained a cabinet submission signed off by the minister providing advice on a “key lesson from the United States.”

The minister’s department noted a proposed United States disinformation governance board was quickly derailed after three weeks.

“A key lesson from the United States, where a government-led disinformation governance board was disbanded after three weeks, is the importance of transparency and responding promptly to counter claims about the government’s intentions,” the cabinet submission stated.

“This will be critical given that consultation on the exposure draft Bill will occur concurrently with the Australian Indigenous Voice to Parliament referendum process.”

The department promised to work with the minister’s office to prepare media materials including questions and answers, before the release of the exposure draft bill.

Further, the department staff made observations on the public debate in Australia compared to the United States, raising concerns there was a risk the bill could be seen as censorship.

“While the public debate in Australia regarding freedom of speech is not as shrill as in the United States (in particular), there is still a risk that these proposed powers could be perceived as a form of censorship,” the department noted.

In addition, the department claimed there had been a “notable rise in conspiracy theories” being promulgated by Australians following the COVID-19 lockdowns, including “sovereign citizen movements.”

The cabinet submission also referenced the European Union Digital Services Act, noting that it included fines of up to 6 percent of global company turnover.

It eventually settled with proposed penalties of 2 percent of global turnover in Australia for corporations ,or $550,000 for individuals (US$370,000).

Reaction to the Ministerial Personal Powers

Shadow Communications Minister David Coleman recently took to X (formerly Twitter) to express concern about the minister’s new power.

“We now know that Labor’s shocking Bill will allow politicians to personally order investigations into misinformation. This is completely unacceptable and is yet another reason why this Bill must not proceed,” he said.

United Australia Party founder Clive Palmer said the FOI documents should be “deeply concerning for all Australians.”

“Documents obtained under FOI including correspondence between the Minister for Communication Michelle Rowland and the prime minister paint a grim future for Australians who value their freedom.”

He added that if the government did not agree with your beliefs, “you can be accused of spreading fake news.”

However, in a recent interview, Ms. Rowland said the government had consulted widely to engage with the public because “some 70 percent of Australians are concerned about the impact of mis- and disinformation online.”

“It is vitally important that we keep Australians safe because we know that there are bad actors out there in particular, who are seeking to harm Australians through the use of mis and disinformation,” she said.