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ACMA seeks input on mis and disinformation power

June 26, 2023

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The Federal government is seeking feedback on an exposure draft of the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023.

The Bill would give the Australian Communications and Media Authority (ACMA) new powers to:

  • Gather information from digital platform providers, or require them to keep certain records about matters regarding misinformation and disinformation
  • Request industry develop a code of practice covering measures to combat misinformation and disinformation on digital platforms, which ACMA could register and enforce
  • Create and enforce an industry standard (a stronger form of regulation), should a code of practice be deemed ineffective in combating misinformation and disinformation on digital platforms.

According to the proposal, ACMA would not have the ability to ask digital platforms to take down specific posts.

The release of the exposure draft, and the powers within it, follow the release of the Report to government on the adequacy of digital platforms’ disinformation and news quality measures in June 2021, which made recommendations for the proposed powers.

The government has said the powers will also extend to non-signatories of the voluntary Australian Code of Practice on Disinformation and Misinformation, which was set up in February 2021.

Minister for Communications Michelle Rowland said the proposed powers are part of the Federal government’s commitment to keeping people safe in the online world.

“Mis and disinformation sows division within the community, undermines trust and can threaten public health and safety,” she said.

“The Albanese government is committed to keeping Australians safe online, and that includes ensuring the ACMA has the powers it needs to hold digital platforms to account for mis and disinformation on their services.

“This consultation process gives industry and the public the opportunity to have their say on the proposed framework, which aims to strike the right balance between protection from harmful mis and disinformation online and freedom of speech.”

Feedback on the exposure draft can be provided online.

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