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  • Writer's pictureJarrod Carter

Safety or Censorship: Australia's Misinformation Bill

Updated: Oct 17, 2023


In an era where information can be disseminated with a single click, the Australian government has taken an extraordinary step toward trying to control the flow of information online. Introducing the Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023, (“the Bill”) the authorities aim to provide a legislative framework to tackle the issue of what some consider as misinformation and disinformation.


The questions at the forefront are complex: Should the government hold the power to narrow the scope of free speech under the guise of combating "fake news"? Should citizens have a right to access all available information and then judge for themselves? Would the fear of being labelled as a disseminator of misinformation stifle the nuances of public discourse, leading to self-censorship or a more homogenized discussion arena? Moreover, could Australia be edging toward a state of affairs reminiscent of recent events in Canada, where the government took the extreme step of freezing the bank accounts of peaceful protesters and their supporters?


It is essential to consider the implications of the Bill on a broader scale. Free speech is often considered the cornerstone of a democratic society. This liberty allows individuals to voice their opinions, even if they are unpopular, without the fear of repercussions from the state. However, the Bill, as it is currently written, has many concerned that it might infringe upon this vital civil liberty. It raises the question: Are we, as a society, willing to sacrifice the sanctity of free speech to limit what some believe to be harmful information? If so, where do we draw the line? Who decides what constitutes 'harmful' or 'misleading' information, and what are the checks and balances in place to ensure that this power isn't misused for political or personal gain?


This question is particularly pertinent given that Australia does not have an explicit constitutional protection for freedom of speech, unlike countries like the United States where the First Amendment safeguards this right. Although the High Court of Australia has identified an implied freedom of political communication, it's not an absolute right and is much less robust than its international counterparts. Hence, any legal intervention in this domain becomes especially significant and deserves careful scrutiny.

Another layer of complexity is added by the fact that the bill aims to categorize information as either misinformation or disinformation based on its potential to "cause or contribute to serious harm." This vague criterion leaves room for interpretation and misuse. Could activists advocating for change or journalists investigating powerful entities find themselves at risk of being labelled misinformation spreaders? If so, what does that mean for the health of a functioning democracy, which relies on a free press and active civil engagement?


What the Bill Aims to Do


The Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 serves as the Australian government's response to the wave of inconvenient, politically incorrect, subversive, or incorrect information that has annoyed the political elite. At its core, the Bill seeks to empower the Australian Communications and Media Authority (ACMA) with the authority to police the spread of information that it declares to be false, harmful, misleading, or deceptive. With modern social media, popular Youtube channels and influencers, the government and their cronies have never had less power over the information spread among the masses.


To understand the significance of this bill, it's crucial to delve into its key provisions. Primarily, the legislation aims to define what qualifies as misinformation and disinformation. Both are described as "information that is false, misleading or deceptive," but they differ in intent. Disinformation is spread with the purpose of deceiving others, whereas misinformation isn't necessarily distributed with such intent. Although these definitions might appear straightforward, they're actually fraught with ambiguity. Critics argue that the broadness of the terms opens the door for varied interpretations, potentially allowing for the suppression of opinions that may be unpopular or controversial but not necessarily false.


Another important element of the bill is its focus on "harm," defined vaguely as the "disruption of public order or society in Australia." This definition, like those of misinformation and disinformation, is deliberately open-ended, a feature that has been criticized for its potential to be abused. The Media, Entertainment and Arts Alliance argues that this concept of "harm" is especially susceptible to misuse, given the long history of important social movements being labeled as 'disruptive' by those in power. Hence, there is a substantial risk that entities or individuals advocating for social or political change could find themselves unfairly targeted.


One of the most pivotal components of the bill is the role given to the ACMA. The legislation grants ACMA sweeping powers to tackle the spread of false information. The body would presumably have the authority to sanction or fine digital platforms that fail to control the spread of misinformation and disinformation. However, many worry that placing such a colossal responsibility on a single regulatory body could lead to uneven enforcement and even an infringement on freedom of speech. The Law Council of Australia has expressed concern that the bill's ambiguous language could result in confusion when applied, potentially leading to infringements on civil liberties.


Terrifying Double Standard


A striking feature of the Bill is its clause allowing exemptions, notably for 'authorized government content.' This aspect is criticized by the Victorian Bar for setting up a "double standard" that effectively places the government's viewpoint on a pedestal above those who might challenge it. This raises Orwellian echoes of a 'Ministry of Truth,' where the government becomes the sole arbiter of what constitutes accurate or factual information. The underlying implication that governmental content is infallible and creates a powerful imbalance whereby information that contradicts the government may, by default, be considered harmful and illegal misinformation.




The Devil is in the Definitions


Critics of the Bill argue that the devil is truly in the details—or in this case, the definitions. The Law Council of Australia, along with other civil liberty groups, warns that the vagueness and broadness of these terms could spell danger for freedom of speech. By not being more specific, the bill allows for a wide range of interpretations, which could potentially be manipulated to silence dissenting voices or suppress controversial opinions. These concerns are shared by the Australian Human Rights Commission (AHRC), which fears that the definitions might enable unpopular or controversial beliefs to be subjectively labelled as misinformation or disinformation, leading to unwarranted censorship.


The dangers of such broad definitions are not theoretical. The real-world implications could be far-reaching, touching on a multitude of areas, including politics, economics, and social issues. For example, during an election season, could an exaggerated political promise be deemed misinformation? If a journalist reports on a rumor, could they be penalized for spreading disinformation if that rumor turns out to be false? The scope for misapplication—or worse, abuse—is considerable, and the line between what constitutes legitimate information and what could be categorized as misinformation or disinformation remains blurred.


Moreover, the absence of a clear, objective standard for evaluating whether something is misinformation or disinformation is troubling. Who gets to decide what is "false, misleading, or deceptive"? While the Bill empowers the Australian Communications and Media Authority (ACMA) with the task of managing online information, bestowing such enormous responsibility on one organization could result in subjective, inconsistent, or even biased rulings. This opens up another Pandora's box: the potential for selective enforcement. Will the ACMA's decisions be influenced by political or social pressures? What about the political leanings of the those making the decisions? And if so, would this not set a perilous precedent for future administrations?


Another concerning aspect of the Bill's definitions is how they tie into the concept of causing "serious harm." The Bill identifies harm as a disruption of public order or society but does not offer clarity on what such a disruption would entail. This nebulous description of harm further compounds the concerns surrounding the definitions of misinformation and disinformation, leaving ample room for subjective judgments and potential misuse.


Importance of Free Speech


Free speech is primarily the ability to express oneself without the threat of censorship or punishment from governmental or institutional authorities. It encompasses the sharing of opinions, ideas, and information across various mediums, such as oral conversation, written text, or digital platforms. Another aspect of free speech is the right to seek and receive information, covering realms like journalism and academic research. While it allows for the expression of any viewpoint, free speech is generally subject to some limitations, such as laws against hate speech, defamation, or incitement to violence. In modern contexts, the scope of free speech has expanded to include issues related to internet freedom, as digital platforms have become significant arenas for public discourse. Additionally, free speech also involves the right to dissent or to challenge existing norms and practices.


Free speech has long been championed as a cornerstone of democratic society, and various great philosophers throughout history have emphasized its critical role in preventing the lapse into authoritarianism. The importance of free speech lies not just in the ability to express oneself but also in its function as a safeguard against the concentration of power and the erosion of individual liberties.


John Stuart Mill, in his seminal work "On Liberty," argued that free speech is vital for the development of individuals and the progress of society. Mill maintained that all ideas, even false ones, should be allowed to circulate freely because the truth can only emerge from the "collision of adverse opinions." Limiting free speech, according to Mill, stifles intellectual development and can lead to a tyrannical society where the government or a dominant group dictates what is acceptable to say or think.


Likewise, George Orwell, though not a philosopher in the traditional sense, provided valuable insights into the risks of suppressing free speech. His dystopian novels like "1984" depict societies where language is manipulated to control thought, leading to totalitarian regimes. Orwell shows that when free speech is curtailed, so is the ability for critical thinking and opposition, crucial elements in a democratic society.


Voltaire, another pivotal figure, is often cited for his commitment to free speech with the phrase, "I disapprove of what you say, but I will defend to the death your right to say it." Voltaire's views underscore the belief that defending free speech is not about agreeing with what is said but about upholding the principle itself. Suppressing dissenting voices leads to intellectual stagnation and paves the way for authoritarian rule.


Hannah Arendt, who fled Nazi Germany, deeply understood the perils of restricted speech and thought. She argued that freedom of speech is essential for "public happiness" and that the "right to have rights," including free speech, is a cornerstone of human dignity. For Arendt, the suppression of free speech is one of the first steps towards totalitarianism because it eliminates the public spaces where people can engage in discourse, essential for a healthy democracy.


Even Socrates, one of the earliest philosophers, was a staunch advocate of free speech, which ultimately led to his execution. Through his method of questioning the status quo, Socrates showed that questioning and dissent are vital for the health of a democratic society. His trial serves as a timeless reminder of the dangers posed by a society willing to suppress free speech in favour of maintaining existing power structures.


Free speech serves as the cornerstone that safeguards all other rights. It is the vehicle that enables citizens to voice dissent when the government makes controversial decisions. For example, consider a hypothetical situation where the government decides that only individuals without a mental health diagnosis can have children, claiming it's for the greater good. In this scenario, what if voicing disagreement with such a declaration was branded as misinformation? The right to free speech would be what allows citizens to challenge and question this harmful policy. Without free speech, challenging such authoritarian measures would not only be difficult but could even be considered illegal.


Conclusion


As we examine the Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 in its entirety, we come face to face with key debates that not only have immediate implications but could also shape the long-term social fabric of Australia. The core of the issue revolves around the age-old tension between safeguarding freedom of speech and maintaining public safety. But in a society that has been built on democratic values, the balance seems to be tipping uncomfortably towards state control, at least as proposed by this bill. It is an insult to the average Australian that the government believes that we lack the ability to consider information thoughtfully. According to this Bill, we are too stupid or weak to be able to hear both sides of a debate and make a considered decision.


Perhaps the most glaring concern is how the bill could affect the future of free speech in Australia. It's crucial to remember that societal change often comes from voices that challenge the dominant narrative. Whether it's the fight for women's rights, gay marriage, or any other social movement, progress is often instigated by those who are willing to speak out against mainstream views. If such subversive content could be labelled as "misinformation" and rendered illegal, the hands of progress would essentially be tied, stymieing the growth of a more equitable society.


Moreover, the bill’s broad definitions and ambiguous terminology offer the state the tools to control the narrative tightly. When the government holds the reins of what constitutes misinformation or disinformation, it gains an unsettling level of power over public discourse. This situation creates an atmosphere of fear and self-censorship, as people may become reluctant to share opinions or information that deviates from the mainstream, even if these don't meet the criteria of misinformation. The bill, if passed, would risk stifling dialogue out of an abundance of caution, undermining the very essence of democratic governance.


The issue also brings into focus the complex debate between progressive politics and conservatism. How can these two often diverging paths find a middle ground if the government is given the power to outlaw one over the other? Similarly, in a world that is a melting pot of incompatible ideological and religious beliefs, making it illegal to go against a dominant narrative threatens the coexistence that we strive for in a democratic society.


Then there's the question of truth itself. History is replete with instances where what was initially labelled as a conspiracy theory or misinformation later turned out to be true upon further investigation. If such information is prematurely silenced, we risk creating a society that is not just uninformed but misinformed.


In conclusion, this legislation consolidates too much power in the hands of the government, eroding fundamental democratic principles and freedoms. The risks outweigh the benefits, tipping the scale against free speech and in favour of state control. It's a path that raises too many questions and offers too few satisfactory answers, casting a shadow on the future of Australian society. For the sake of preserving the democratic values that Australia holds dear, it's imperative that this Bill is not made into law.



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