Two more Senators have revealed they will oppose the Albanese Labor government’s mis- and disinformation bill.
Senator Fatima Payman, former Labor Senator for Western Australia, will oppose the bill due to concerns about freedom of speech.
Payman said that while misinformation and disinformation were problems, “this bill is not the answer.”
“The powers it grants could lead to over-censorship with the government deciding what does and doesn’t count as the truth,” she said.
“That’s not the Australia I believe in. That’s why I will vote against this Bill. I will always stand up for our freedoms and for an Australia where all voices can be heard. You can rely on me to have your back.”
Meanwhile, Senator for Tasmania Jacqui Lambie will also oppose the bill.
“This bill is more than 70 pages long, and my staff and I have been going through it with a fine tooth comb. It’s a case of the devil being in the details.”
Lambie raised concerns about the bill’s expectation that social media companies should regulate misinformation and hate speech on their platforms, effectively “making them the judge and jury all in one.”
“After careful consideration and listening to feedback, I’ve decided to vote no on the government’s misinformation and disinformation bill,” she said.
This comes after independent Senators Tammy Tyrrell and David Pocock indicated they would not support the bill in its current form.
The Coalition has made clear it will strongly oppose the bill, so the legislation will fail to pass the Senate unless the government can convince one more Senator to change their mind.
Details of the Bill
The bill (pdf) defines mis- and disinformation as content that is reasonably verifiable as false, misleading or deceptive and “likely to cause or contribute to serious harm.”
“Serious harm” as defined under this bill is broad, including content that causes harm to public health, harm to the integrity of an Australian electoral process, and the vilification of a group in Australian society.
Further, it includes “imminent harm to the Australian economy, imminent damage to critical infrastructure, disruption of emergency services, and intentionally inflicted physical industry.”
However, there are controversial exemptions for professional news content, parody, and satire, as well as content for any religious, academic, artistic, or scientific purpose.
Australia’s media watchdog, the Australian Communications and Media Authority (ACMA), would have the power to hold digital platforms accountable for information spread on their platforms.
Arguments For and Against
Communications Minister Michelle Rowland told Parliament that misinformation and disinformation pose a significant threat to the safety and well-being of Australians and democracy.
On Nov. 12, Prime Minister Anthony Albanese was asked if he would still push ahead with the misinformation bill even if U.S. President-elect Donald Trump does not want it to go ahead.
During the debate in the House of Representatives, Liberal MP James Stevens raised concerns the legislation could be used to silence political opponents before the next election.
“That is deeply concerning, even if the High Court strikes this sort of legislation down.”
