The Australian government is proposing new laws that could see tech giants like Facebook, Google, Twitter, TikTok, and podcasting services fined up to five percent of their annual global turnover for failing to tackle disinformation. The new laws aim to bring “mandatory” standards to the little-regulated sector. Under the proposed legislation, the Australian Communications and Media Authority (ACMA) would be given a range of powers to force companies to prevent disinformation and misinformation from being spread and monetised. The ACMA would not have the power to take down or sanction individual posts, but it could punish platforms for failing to monitor and combat intentionally “false, misleading and deceptive” content that could cause “serious harm.”
The Proposed Bill Would Strengthen the Current Voluntary Australian Code of Practice on Disinformation and Misinformation
The proposed laws were unveiled on Sunday and aim to strengthen the current voluntary Australian Code of Practice on Disinformation and Misinformation that launched in 2021 but has had limited impact. Tech giants, including Adobe, Apple, Facebook, Google, Microsoft, Redbubble, TikTok, and Twitter, are signatories of the current code. The new bill seeks to make the code mandatory and provide the ACMA with a range of new powers to compel information from digital platforms, register and enforce mandatory industry codes, as well as make industry standards.
The Importance of Tackling Disinformation for a Safe Online Community and Democracy
The Australian government argues that tackling disinformation is essential to keeping Australians safe online and safeguarding the country’s democracy. Misinformation and disinformation sow division within the community, undermine trust, and can threaten public health and safety. The proposed laws come amid a surge of misinformation in Australia concerning a referendum on Indigenous rights later this year. Australians will be asked whether the constitution should recognize Aboriginal and Torres Strait Islanders and if an Indigenous consultative body should be created to weigh in on proposed legislation. The Australian Electoral Commission has witnessed an increase in misinformation and abuse online about the referendum process. Election commissioner Tom Rogers told local media on Thursday that the tone of online comments had become “aggressive.” Stakeholders have until August to offer their views about the legislation.
The proposed laws would echo legislation expected to come into force in the European Union, where tech giants could face fines as high as six percent of annual turnover and outright bans on operating inside the bloc. Australia has been at the forefront of efforts to regulate digital platforms, prompting tech firms to make mostly unfulfilled threats to withdraw from the Australian market. If passed, the proposed laws would provide the ACMA with the powers necessary to enforce mandatory standards on tech giants and hold them accountable for their role in spreading disinformation.
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