Teal MP Zali Steggall warns of misinformation bill’s risk to free speech

Teal MP Zali Steggall says powers granted under Labor’s proposed laws to combat misinformation could be subject to ‘misuse or abuse’.

Independent MP Zali Steggall has warned that the powers granted under Labor’s proposed laws to combat misinformation could be subject to “misuse or abuse”, raising concerns about its impact on freedom of speech.

Ms Steggall has recommended a slew of changes to the draft legislation – which will empower the Australian Communications and Media Authority the power to fine digital platforms millions of dollars for content it deems harmful – to ensure it “strikes the right balance”.

While the Coalition is firmly opposed to the legislation, members of the crossbench have been reluctant to declare their position, although independent Senator Jacqui Lambie has raised concerns about its potential impact on free speech.

“Curbing the rise of misinformation and disinformation is important, but we need to ensure this legislation strikes the right balance,” Ms Steggall told The Australian.

“Freedom of speech is not a right to spread misinformation and disinformation.”

In a submission responding to the bill, Ms Steggall acknowledged the “real and concerning problem” of online misinformation and disinformation but warned “consideration must be given to the potential for such powers to be misused by future governments”.

“Given that the ACMA ultimately reports to the minister, and therefore to government, the powers given under the bill are, I believe, capable of being misused should the political and social environment enable this to happen and could be used in a way which threatens freedom of speech and democracy,” the submission said.

“While the government may be designing the system with the current political makeup in mind, consideration must be given to the potential for such powers to be misused by future governments.

“The bill provides for the potential for a new code to be imposed by ACMA in the event of under performance of the voluntary code.”

Ms Steggall said she was not convinced ACMA had the “experience or capability to determine whether content is misinformation or disinformation” and urged the government to “put limits on the potential for abuse of power by future governments”.

“In addition to (and independently of) government reconsidering the possibility for misuse or abuse of these new powers by future governments with less benign agendas, I urge the government in any event to commission an independent external review of the performance of the ACMA in enforcing its current powers, before pursuing this legislation before parliament,” the submission said.

Greens senator Sarah Hanson-Young said her party broadly supported the legislation and was “prepared to work with the government for reform to prevent misinformation and disinformation”.