They are sounding the alarm.
Australia’s proposed “Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024” has sparked significant controversy, particularly among free speech advocates and the Australian Christian Lobby (ACL). The legislation, approved in the House of Representatives by a vote of 78 to 57, seeks to amend the Broadcasting Services Act 1992. It would impose obligations on digital platforms to regulate content deemed false or harmful, while also granting expanded compliance and enforcement powers to the Australian Communications and Media Authority (ACMA). Critics argue the bill risks curbing free expression by allowing the government to dictate what constitutes misinformation.
Supporters of the bill highlight its importance in combating the spread of online misinformation, citing a survey showing 75% of Australians express concern about the issue. However, opponents like the ACL have criticized the legislation as authoritarian, suggesting it threatens democratic freedoms. ACL CEO Michelle Pearse voiced fears that the bill could suppress dissenting opinions, particularly pro-life views or critiques of trans ideology, under the guise of addressing harmful content. Pearse warned that the bill’s vague language and severe penalties for non-compliance could lead to excessive censorship and a chilling effect on public discourse.
The proposed law also raises human rights concerns. A report by the Parliamentary Joint Committee on Human Rights acknowledged that while the bill aims to uphold rights such as preventing harm, it also infringes on freedom of expression and privacy. The committee noted that freedom of speech includes the right to share opinions that may “shock or disturb” and that restrictions on expression must be narrowly defined and justified. Additionally, critics argue that the bill’s provisions could incentivize platforms to over-regulate content, including benign or minor inaccuracies, to avoid penalties.
The ACL has accused the government of rushing the bill through Parliament with minimal public consultation. Pearse urged lawmakers to abandon the legislation, claiming it undermines democratic principles and grants ACMA excessive control over media narratives. Meanwhile, the committee emphasized the need to balance combating misinformation with protecting individual rights, warning of potential overreach in the bill’s enforcement mechanisms.
As the bill heads to the Senate Environment and Communications Legislation Committee for further review, the debate continues over its potential impact on free speech, digital governance, and democratic values in Australia.