Chair's Foreword
Digital communications platforms have become an indispensable part of Australian life, allowing us to connect with family and friends in Australia and around the world, connect with business and services, and read about local and global events. As Australians' use of digital platforms has become more frequent, research has shown that concerns about the information accessed have also increased, with 75 per cent of Australians stating they were concerned about misinformation and disinformation.
Misinformation and disinformation can spread rapidly via digital platforms, which poses serious threats to the functioning of a healthy democracy. We rely on the flow of credible, trusted sources of information for public debate, and four out of five Australians want the spread of misinformation on social media to be addressed in Australia.
The Australian Code of Practice on Disinformation and Misinformation, a voluntary code developed by the digital platforms industry and registered with the Australian Communications and Media Authority (ACMA), was the first step towards digital platforms taking more responsibility to address the threats of mis- and disinformation. However, scrutiny of the operation of the voluntary code has shown that this step has not delivered the protections required.
Existing efforts for regulation of the digital platforms have not been able to deal with the seriously harmful effects of mis- and disinformation, with no incentives for digital platforms to be proactive in their management of content on their services.
The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 (the bill) seeks to impose transparency obligations on digital platforms to require them to be upfront about their actions to combat mis- and disinformation.
Significant public and industry consultation has taken place over the course of the development of the bill, with an exposure draft released in 2023. Many submitters and witnesses who participated in the bill's inquiry commented on the exposure draft, and many noted the positive improvements made between the exposure draft and the bill examined by the committee. During the conduct of the inquiry, further positive amendments were passed by the House of Representatives.
The committee received many thousands of emails, submissions and phone calls from members of the public expressing their views on the bill. The range of views on different elements of the bill show that a healthy debate on legislation which affects Australians is important to the functioning of our democratic system. It is important that Australians can express their views on significant matters of policy.
However, some of the views put forward to the committee were deeply polarising, and some were highly offensive. Some expressed concerns at the claims they had heard about the bill rather than the actual content of the bill.
After years of consultation, discussion and negotiation to bring on legislation to regulate digital platforms we find ourselves at a juncture where there is no pathway for this bill to pass through the Senate.
On 22 November I received a letter from the Hon Michelle Rowland MP, Minister for Communications, advising that the Government has decided to not proceed with this bill (letter at Appendix 1). The Minister also invited ‘all Parliamentarians to work with the Government to strengthen our democratic institutions and keep Australians safe online, while safeguarding values like freedom of expression.’
The threat posed by misinformation and disinformation is a deeply troubling issue for Australian democracy and national security. It places our community at risk of real harm, and it is incumbent upon us as elected representatives to work through our differences and find the solutions.
On this occasion, while there is widespread agreement on the issue, we have not found agreement on the solution. While many members of this Parliament have worked constructively on this issue, others have placed their political positioning ahead of compromise and community safety.
With no pathway for this bill through the Senate, the primary recommendation is for the bill to be withdrawn and immediately discharged from the Notice Paper.
I urge all Parliamentarians to work collaboratively with the Government to continue to pursue policy and legislation to keep our communities safe in an ever-evolving digital world.