Labor says laws ‘carefully balance’ freedom of speech and combating misinformation harms

Social media companies will face multimillion-dollar fines for failing to remove “seriously harmful” misinformation under sweeping new powers to hold digital platforms to account.

Social media companies will face multimillion-dollar fines for failing to remove “seriously harmful” misinformation spreading rapidly online under sweeping new powers to hold digital platforms to account.

The Albanese Government will on Thursday introduce legislation to give the Australian Communications and Media Authority (ACMA) the ability to combat misinformation and disinformation online, with Labor moving to assure the laws contain “strong protections for freedom of speech”.

After extensive consultation the government has removed an exemption previously provided to government and electoral content, which platforms could now be required to remove if deemed to meet the high bar of “serious” harm.

Media organisations remain exempt, and a simplified exemption has been extended to protect content related to satire, comedy or used for educational purposes.

Religious protections have also been added after faith groups expressed free speech concerns about the draft laws last year.

Communications Minister Michelle Rowland says the bill will combat the ‘threat’ of misinformation and disinformation. Picture: NewsWire / Martin Ollman

Under the final proposal ACMA would be empowered to gather information, keep records and create new standards for digital platforms to follow that prevent the spread of “seriously harmful” misinformation.

The laws would also impose new transparency obligations on social media platforms, requiring them to be upfront with Australian users about how they handle misinformation and disinformation.

Mark Zuckerberg’s Facebook would be subjected to the misinformation laws. Picture: Andrew Caballero-Reynolds/AFP

ACMA would not have the power to take down individual pieces of content or accounts, but would be able to issue fines if social media giants failed to comply with the new laws.

Communications Minister Michelle Rowland said misinformation and disinformation posed a “serious threat to the safety and wellbeing of Australians, as well as to our democracy, society and economy”.

X Corp CEO Elon Musk is fighting moves by governments to reduce misinformation and disinformation. Picture: Frederic Brown/AFP

“Doing nothing and allowing this problem to fester is not an option,” she said.

“The 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 misinformation and disinformation on their services.”

Ms Rowland said Labor had made some changes to the draft proposal following public consultation.

“Revisions have been made that carefully balance the public interest in combating seriously harmful misinformation and disinformation with the freedom of expression that is so fundamental to democracy.

“These revisions reflect that feedback and I look forward to seeing the bill become law as we combat the threat of misinformation and disinformation.”

Elon Musk’s X has been banned in Brazil after it refused to remove accounts linked to fake news and hate speech. Picture: Mauru Pimentel/AFP

The Coalition criticised the first draft of the proposal as “deeply flawed” and said backdowns on issues like religious freedoms barely scratched the surface of the “many problems” with the bill.

If the laws are to pass the Senate without the support of the opposition, Labor would require the backing of the Greens and key crossbenchers.

The Greens have pushed for media not to be exempt from the misinformation laws, while independent ACT Senator David Pocock was a key voice calling for government and political parties not to be exempted.