New ACMA powers to combat misinformation and disinformation

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Submissions on the draft legislation have now closed. Public submissions will be uploaded on this page in several tranches from early September 2023.

The Department will indicate in the final tranche when all public submissions have been published.

Why we want your input

This is your chance to have a say on the proposed laws to hold digital platform services to account and create transparency around their efforts in responding to misinformation and disinformation in Australia.

We are seeking your views on the draft Bill and whether it strikes an appropriate balance on a range of issues, including:

- freedom of expression
- the complexity of content exemptions
- the scope of the private message exemption
- the size of the penalties and any other issues.

How you can voice your opinion

After reading the exposure draft Bill and the accompanying documents, click on the 'Have your say' button below to provide your input to the review. The submission deadline has been extended to 20 August 2023. All submissions (other than private submissions) will be published on the website. Comments will not be published but will inform the review process in the same manner as submissions.

What will be the outcome of this consultation?

Your submission will inform any changes to the draft Bill.

The Issue

Misinformation and disinformation pose a threat to the safety and wellbeing of Australians, as well as to our democracy, society and economy.

In January 2023, the Minister for Communications announced that the Australian Government would introduce new laws to provide the independent regulator, the Australian Communications and Media Authority (ACMA), with new powers to combat online misinformation and disinformation.

The new powers will enable the ACMA to monitor efforts and require digital platforms to do more, placing Australia at the forefront in tackling harmful online misinformation and disinformation, while balancing freedom of speech.

The proposed powers would:

enable the ACMA to gather information from digital platform providers, or require them to keep certain records about matters regarding misinformation and disinformation
enable the ACMA to request industry develop a code of practice covering measures to combat misinformation and disinformation on digital platforms, which the ACMA could register and enforce
allow the ACMA to create and enforce an industry standard (a stronger form of regulation), should a code of practice be deemed ineffective in combatting misinformation and disinformation on digital platforms.

The ACMA will not have the power to request specific content or posts be removed from digital platform services.

The ACMA powers will strengthen and support the existing voluntary framework established by the Australian Code of Practice on Disinformation and Misinformation (the voluntary code), and will extend to non-signatories of the voluntary code.

These powers are consistent with the key recommendations in the ACMA's June 2021 Report to government on the adequacy of digital platforms' disinformation and news quality measures.

We want to hear your feedback on the proposed legislation. It's easy to have your say—simply read the exposure draft Bill and the supporting documents and:

Make a submission below by clicking the 'Have your say' button.
Email us in writing, via video, or by sending an audio recording.

Submissions will be published after 20 August 2023. They will be uploaded in tranches.

If you want your submission to be published, please ensure the submission is uploaded as an attachment. Comments in the comment box, or the body of an email will not be published. If you require alternative arrangements to make a submission, please contact us at the email address above.

Please do not include any personal information in your submission that you do not want to be public.

There are legal considerations relevant to what we can publish on our website. We will not publish submissions that include content that is offensive, discriminatory, illegal or defamatory to any third party and/or contains threatening or aggressive language.

Disclaimer: The submissions published on this consultation page have been authored by parties other than the Commonwealth of Australia. The content of submissions does not represent the official views of the Commonwealth or its officers or employees. The Commonwealth accepts no responsibility or liability for damage, loss or expense incurred as a result of the content of these submissions. The information in these submissions has been provided in good faith and for informational purposes only.

Relevant documentation

The Guidance Note for the exposure draft Bill provides an explanation of the key parts of the Bill. For a short explanation of some of the Bill's key elements, please see the fact sheet.

Outcome

On 25 June, the Australian Government released the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 for public consultation.

The purpose of the draft Bill is to provide greater transparency of the actions taken by digital platforms to manage seriously harmful misinformation and disinformation on their services.

The public consultation has been an important opportunity for the Australian community and industry to have their say. The Department is working through this feedback to ensure the proposed legislation meets community expectations before it is introduced into Parliament.

Public submissions will be released on the Department’s website in tranches as they are processed. All submissions must be reviewed to ensure that the privacy of submitters is respected and for any other legal considerations such as defamation. Offensive and abhorrent material must also be removed before publishing. The volume of submissions and the need to take account of these other factors will increase processing time.