News Corp and ABC issue warning about misinformation crackdown

News Corp and the ABC have warned Labor’s proposed laws to combat online misinformation provide no protections for journalists’ sources.

Minister for Communications Michelle Rowland.

News Corp Australia and the ABC are among the prominent media organisations to criticise Labor’s proposed laws to combat online misinformation, with the broadcaster warning the bill provides no protections for journalists’ sources from powers it grants to the media watchdog to seek information.

The public broadcaster proposed the Albanese government should include limitations on the Australian Communications and Media Authority’s broad powers to seek information from digital platforms and individuals that “provide for the protection of journalists’ sources”.

The bill will grant the ACMA new powers to fine social media giants millions of dollars for content deemed to be “harmful” misinformation or disinformation, prompting criticism the legislation could stifle freedom of speech. 

News Corp Australia, the publisher of The Australian, also recommended changes to the definition of news source and content to ensure media outlets are excluded from the legislation.

“The current drafting catches news media organisations for all content they publish if they did not produce it, and as a result imposes an unnecessary and heavy burden on organisations that are already responsible for all that they publish,” its submission said.

The Australian Press Council has argued comments on articles should be exempt from the laws, with all content produced by professional news outlets, education providers and governments already being excluded from the regulations under the draft legislation.

The ABC’s headquarters in Ultimo in Sydney. Picture: NCA Newswire/Gaye Gerard

It also cautioned that the definition of news content in the bill was too narrow, creating “compliance issues for news sources and could create enforcement difficulties for the regulator”.

“The Press Council is concerned that the definition of ‘news content’ contained within the draft bill is too narrow and, as a result, different material published by a news source that meets the criteria of professional news content may or may not be exempt,” its submission said.

Commercial Radio and Audio, which represents 260 radio broadcasters, also criticised the bill for imposing an “unreasonable interference with media freedoms”, saying it went “beyond reasonable measures and would provide an additional layer of regulation for media companies and their content, which is not appropriate”.

“Equally concerningly, in its current form the draft bill will give powers to other digital platform service providers to determine whether the content of our members that appears on their platforms is misinformation or disinformation,” CRA’s submission said.

“We believe that would be an unreasonable interference with media freedoms.”

Opposition communications spokesman David Coleman has criticised Labor’s bill arguing it could suppress freedom of speech. Picture: AAP Image/James Gourley.

CRA also raised the same concern about the lack of protections for journalists’ sources, and called for radio apps and online services for commercial licensees to be exempt from the legislation.

SBS said it was concerned some of its online services could be captured under the bill, including audio content shared online, arguing that there was no need for the broadcaster’s content to be further regulated either “by design or via unintended effects”.

Opposition communication spokesman David Coleman said the concerns raised by media companies flew in the face of Communications Minister Michelle Rowland’s promise that the bill would not affect traditional news media.

He has called on the government to abandon the bill due to the significant issues surrounding freedom of speech, vowing to “fight Labor’s plan all the way to the next election”.

“Once again, we’re seeing a swath of criticisms of Labor’s appalling misinformation bill, this time from the media sector,” he said.

“Minister Rowland has tried to claim the media industry wouldn’t be caught by her misinformation plans – but nobody believes that.

“This is the same Minister who withheld from Australians the Orwellian fact that she can personally order ‘misinformation investigations’ whenever she likes.”

Ms Rowland said she was considering “refinements to the bill” before a final version is introduced to the parliament this year, disputing that media outlets will be captured by the information seeking powers.

“The information powers under the draft bill would only apply to operators of digital platforms and persons related to the operation of those platforms,” she said.

“They would not apply to journalists and professional news content would be exempt.”