Senate committee hears from ACMA on Labor’s proposed misinformation laws

Concerns about proposed misinformation laws for social media companies are “valid”, the media watchdog has conceded.

Concerns raised by social media giants, lawyers, and the opposition alike about Labor’s proposed misinformation laws are “valid concerns”, the communications watchdog has conceded.

The Albanese government last month announced draft legislation which, if passed, would grant the Australian Communications and Media Authority the power to issue massive fines to social media companies that fail to adequately crack down on misinformation and disinformation on their platforms.

But concerns have been raised about the impact such expanded powers could have on free speech.

ACMA would, under the proposed legislation, have the power to force social media companies to change how they deal with misinformation and disinformation, and it could enable them to force digital platforms to adhere to an industry-wide standard regarding harmful content.

They could impose fines of millions of dollars to companies who didn’t comply.

The ACMA would have increased powers over social media in Australia under proposed draft legislation. Picture: NCA NewsWire / Nicholas Eagar

Appearing before a senate select committee into foreign interference through social media on Wednesday, ACMA chair Nerida O’Loughlin said she anticipated social media companies to propose alternatives and make submissions in the months ahead.

At the same committee a day earlier, Meta and TikTok raised concerns about the “chilling” effect the proposed legislation could have on free speech.

“I think they’re very valid concerns that they’ve raised,” Ms O’Loughlin told the committee.

“I’m not quite sure I understand the reasoning, I can say that they may self-censor, I’m not quite sure I see the reasoning behind their statement, but that’s what they’ve said that they’re thinking about and prepared to propose alternatives and submissions to the government over this exposure draft.”

Communications Minister Michelle Rowland said social media platforms were ‘on notice’. Picture: NCA NewsWire / Gary Ramage

In announcing the draft legislation at the time, Communications Minister Michelle Rowland said social media platforms were “on notice that they have an important role in this area”.

At the time she stressed that the regulator would not have the power to remove individual pieces of content.

Senior bureaucrats on Wednesday hit back at suggestions the proposed laws would result in ACMA functioning as a “Ministry of Truth”.

Richard Windeyer, a deputy secretary in communications and media, said the proposed laws would not mean ACMA had to directly monitor social media content.

“The premise of the Bill is based around the platforms themselves being responsible for the content that is on their platforms,” he said.

“And … the provisions of this Bill fundamentally are about providing a regulatory mechanism to sort of back in the existing voluntary mechanism, which goes to systems and processes rather than assessment of content itself.”

He said the proposed legislation was not about regulation of content but regulation of systems and processes.

“And in a sense, by extension, their willingness to comply with the systems and processes or the adequacy of the systems and processes that they put in place,” he said.

“But fundamentally it is not about the ACMA having any role with respect to censoring individual pieces of content.”