NewsThe Australian government opted to abandon proposed laws on Sunday requiring social media companies to regulate misinformation and disinformation that appears on their platforms. The Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 was abandoned after several parties announced they would not support the bill, leaving no viable path for it to pass through the Senate.
The bill was drafted to impose greater responsibility on social media platforms to remove or notify users of incorrect information on their platforms that amounted to either disinformation (the intentional sharing of false or modified information) or misinformation (the sharing of false or misleading information that is not created or shared to intentionally cause harm). Green Party Senator Sarah Hanson-Young stated that her party would not support the bill as it was “poorly explained” and impractical. The Liberal-National coalition opposed the bill due to concerns about potential censorship and restrictions on free speech.
The removal of user content on social media frequently faces objections based on the right to free expression, protected under Article 19 of the International Covenant on Civil and Political Rights (ICCPR). However, restrictions to this right are legally permitted when the exercise of the right conflicts with the rights and reputations of others or when necessary to protect national security, public order, or public health.
Misinformation and disinformation have become significant security threats, capable of shaping public opinion on individuals, laws, and policies, making such information especially influential in elections. Recently, Microsoft warned that Russian threat actors have incorporated Artificial Intelligence into efforts to influence US elections. Additionally, US President-elect Donald Trump posted an AI-generated image on X (formerly Twitter) in the lead-up to the US election depicting Democratic nominee Kamala Harris speaking to a crowd labeled as “communists” in order to influence public opinion of his opponent. Misinformation also poses public health risks by influencing opinions on medical treatments and was a major driver of anti-vaccination rhetoric during the COVID-19 vaccine rollouts in Australia, highlighting the urgent need for reform.
With over 80 percent of Australians wanting action on the issue of false information, politicians will likely explore alternative solutions in the future. Previously suggested alternatives include:
- strengthening offenses targeting the sharing of non-consensual and sexually explicit deepfakes
- enforcing truth in political advertising for elections
- reforming regulation of artificial intelligence use
The government has also recently proposed a social media ban for Australians under the age of 16. Whilst the ban would adhere to the nation’s responsibility to protect children from harm under Articles 17 and 19 of the Convention on the Rights of the Child (CRC), the Australian Human Rights Commission admits it has “serious reservations” about the ban, particularly concerning its potential to unnecessarily infringe on citizens’ rights to freedom of expression, access to information, and privacy. Following the abandonment of the Combatting Misinformation and Disinformation Bill, the Australian government has invited all Parliamentarians to work on alternative proposals in order to protect Australians online and strengthen the democratic institutions within the nation.
