‘Minister for Misinformation’s’ secret powers prompt free speech fears

Communications Minister Michelle Rowland says she will have the power to direct the media watchdog to investigate instances of online misinformation, under controversial proposed laws.

Communications Minister Michelle Rowland addresses the National Press Club. Picture: ABC

Communications Minister Michelle Rowland says she will have the power to direct the media watchdog to investigate instances of online misinformation, under controversial proposed laws to toughen regulations for digital platforms that have raised free speech concerns. 

Ms Rowland wrote to Anthony Albanese in June to seek approval to release the draft bill, informing him that it would grant her the power to direct the Australian Communications and Media Authority to “commence investigations”, documents obtained under freedom of information laws show.

In the letter dated June 1, Ms Rowland said the Communications Minister’s direction could include the “terms of reference for the investigation by the ACMA, including its scope and the time frame for completion and any other particulars”, sparking criticism that this could lead to politically motivated investigations. 

The legislation – which will grant ACMA heightened powers to fine social media giants millions of dollars for misinformation and content it deems “harmful” – has prompted warnings from the Coalition, lawyers and tech giants that it could stifle free speech.

“The Minister for Communications is able to request the ACMA to investigate matters under the Broadcasting Services Act 1992 and to give general ­directions under the Australian Communications and Media Authority Act 2005,” Ms Rowland wrote in the letter.

“To ensure consistency with this existing regulatory approach, the bill extends these existing powers to the ACMA’s new regulatory functions on dis- and misinformation.

“This also includes matters brought to the government’s attention through public complaints or the media about online dis- and misinformation.”

Opposition communications spokesman David Coleman accused Ms Rowland of withholding this aspect of the bill, noting that “no public commentary has mentioned this power”.

“This previously secret letter is a smoking gun and Michelle Rowland is holding it with both hands,” he said.

“The minister has been caught in black and white telling the Prime Minister that she can personally order misinformation investigations into any Australian.”

“This would effectively create a ‘Minister for Misinformation’ who would be able to order investigations into any views she didn’t like or agree with.”

Opposition communications spokesman David Coleman has raised concerns about a ‘secret provision’ in the misinformation bill that will empower the minister to direct investigations. Picture: Gary Ramage

Mr Coleman said the powers did not appear to be mentioned explicitly in the bill but instead relied on provisions of other acts, adding that the new powers were a “deeply troubling new revelation” which held significant ­concerns surrounding freedom of speech.

“This appears to be a deliberate attempt by the government to cover up this extremely disturbing feature of the misinformation regime,” he said.

A spokesman for Ms Rowland said the proposed framework was “focused on keeping Australians safe from seriously harmful misinformation and disinformation”, adding ACMA would not target specific content or individuals but the conduct of digital platforms.

“The Communications Minister already has the power under existing laws to direct the Australian Communications and Media Authority to investigate matters,” he said. “These … do not empower the minister to direct how an investigation is conducted or the outcome of any investigation.”