’Serious unintended consequences’: More backlash over misinformation bill

The Australian Law Council has joined a chorus of legal experts to question the powers of new misinformation laws, describing the proposed bill as “uncertain”.

The Albanese government’s proposed laws to rein in fake news online are “overly broad, uncertain and may have serious unintended consequences”, a leading lawyers group has warned.

On Tuesday, the Law Council of Australia revealed its submission to the inquiry where it argued that the draft bill is “overly broad, uncertain, and may have serious unintended consequences.”

Communications Minister Michelle Rowland has come under-fire for failing to release submissions made in response to the draft misinformation bill.

The Telegraph understands the submissions will be released in tranches as noted on the website and in line with parliamentary protocol when a large volume of submissions have been received.

“The Law Council recognises that there is global recognition that misinformation and disinformation can result in significant harms to the enjoyment of human rights in particular contexts. However, this is a highly complex topic requiring a cautious regulatory response,“ the LCA said.

Michelle Rowland during Question Time at Parliament House in Canberra. Picture: Martin Ollman

“The Law Council is concerned that the definition of ‘harm’ in the Draft Bill is overbroad, especially when read in light of the definition of ‘misinformation’, under which material is caught not merely when it in fact causes serious harm … but also when it is only ‘reasonably likely’ to do so; or when it might only ‘contribute to’ such harm.”

The LCA said it welcomes regulation “that would allow individuals and organisations to identify and address such material more effectively.”

Coalition communications spokesman David Coleman said the lawyers had “torn apart” the government’s plan.

“The peak national legal body has absolutely torn apart this shocker of a plan. Labor’s planned law would be a disaster for the country and it must be ripped up. The fact that the Albanese Government wants to make this the law of Australia is a disgrace. The right to free speech is something to be defended, not given away by a law like this,” he said.

The bill is aimed at stamping out misinformation. Picture: Istock

The government is currently considering submissions.

“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,” Ms Rowland previously said.

Earlier, the Australians Lawyers Alliance also criticised the proposal in its submission to parliament, joining a chorus of critics that included the Human Rights Commissioner and the Victorian Bar Association.

“The ALA believes that an analysis of how all reforms outlined in this Bill might affect freedom of speech, as well as other internationally-recognised human rights, must be more closely considered by the Federal Government. Any relevant amendments to strengthen rights protections must then be made to the Bill before it is introduced into Parliament,” the submission said.

“It is currently inevitable that tensions will arise between communications reform and many internationally-accepted human rights.

“The Federal Government should enact a federal Human Rights Act in order to achieve a true balance between, on the one hand, pursuing impactful legislative reforms and, on the other hand, safeguarding the rights of those subject to the Federal Government’s legislation, policies and programs.”