The Australian government will be introducing legislation this year it says will combat harmful disinformation and misinformation online. It follows the tech giants being left to their own devices to tackle the issue and the decision that no, this wasn’t going to work.
In February last year, Google, Microsoft, Tik-Tok, Twitter, Facebook and Redbubble signed onto a voluntary code of practice that was aimed at combating the spread of misinformation and disinformation in Australia. Since then, the code has seen two further signatories in Adobe and Apple.
Under the Australian Code of Practice on Disinformation and Misinformation, signatories committed to safeguards to protect against online disinformation and misinformation, including publishing and implementing policies on their approach, and providing a way for their users to report content that may violate those policies.
The code was set up by the Digital Industry Group (DIGI), a non-profit industry association advocating for the digital industry in Australia. When it was launched, Communications Minister Paul Fletcher said it was the government’s intentions to watch the voluntary code of practice…carefully.
“We’ve made it plain that we will review the performance, the Australian Communications and Media Authority will report to me in the middle of the year on performance, we’ve also made it plain if we don’t see that code working, we’ll certainly consider other measures,” Fletcher said at the time.
“[The] government will be watching carefully to see whether this voluntary code is effective in providing safeguards against the serious harms that arise from the spread of disinformation and misinformation on digital platforms.”
Today, the ACMA made its report public and the government made some comments on it, in addition to announcing the disinformation legislation.
“ACMA’s report highlights that disinformation and misinformation are significant and ongoing issues,” Fletcher said on Monday.
The ACMA’s report made five recommendations. Basically, it called for regulatory power. During Senate Estimates last month, the ACMA said it doesn’t have the power to compel data on misinformation from digital platforms such as Facebook (sorry, Meta) and Twitter, even though it’s the regulator of the space. Yep.
Well, this new legislation, if passed, of course, will change that. According to Fletcher, it will provide the ACMA with new regulatory powers to hold big tech companies to account for harmful content on their platforms.
Specifically, the ACMA will be given new information-gathering powers to “incentivise greater platform transparency and improve access to Australia-specific data on the effectiveness of measures to address disinformation and misinformation”.
It will also be given reserve powers to register and enforce industry codes or make industry standards.
“This will encourage platforms to be ambitious in addressing the harms of disinformation and misinformation, while providing ACMA with the ability to hold platforms to account should their voluntary efforts prove inadequate or untimely,” Fletcher says.
The legislation will also see a Misinformation and Disinformation Action Group be established.
What does DiGi think?
Well, on Monday the group highlighted its support of the ACMA’s recommendations (in principle) and said it looks forward to further work with the government on the details.
As the country prepares to head into a Federal Election in (surely) May, it’s unclear when this disinformation legislation will be introduced, let alone come into force. But it wouldn’t be the first time legislation on technology matters was rammed through Parliament without much care.