Public consultation has commenced on a new framework to empower the Australian Communications and Media Authority (ACMA) to hold digital platforms to account for harmful misinformation and disinformation online.
These proposed powers will bring greater transparency to efforts by digital platforms to respond to misinformation and disinformation on their services, while balancing freedom of expression which is at the heart of democracy.
The release of exposure draft legislation gives industry and the community the opportunity to review proposed ACMA information-gathering, record-keeping, code registration and standard-making powers to compel digital platforms to do more to protect Australians from the threat of online misinformation and disinformation.
The draft framework focuses on systemic issues which pose a risk of harm on digital platforms. It does not empower the ACMA to determine what is true or false or to remove individual content or posts. The code and standard-making powers will not apply to professional news content or authorised electoral content.
Platforms will continue to be responsible for the content they host and promote to users. If platforms fail to act to combat misinformation and disinformation over time, the ACMA would be able to draw on its reserve powers to register enforceable industry codes with significant penalties for non-compliance, or create a standard requiring platforms to lift the bar on their efforts.
Codes or standards could include measures such as stronger tools to empower users to identify and report misinformation and disinformation, ensure more robust complaints handling, and enable more extensive use of fact checkers.
The proposed powers implement the key recommendations in the ACMA's June 2021 report to government on the adequacy of digital platforms' disinformation and news quality measures. The powers build upon and are intended to strengthen and support the voluntary code developed by the Digital Industry Group Inc. (DIGI).
Public consultation will close on Sunday, 6 August, with legislation to be introduced into Parliament later this year.
