Tech giants could face $6.8m fines for lies

Under historic new legislation proposed by the government, digital platforms could face penalties of up to $6.88m for failing to address systemic disinformation and misinformation.

The government has released a draft framework to empower the Australian Communications and Media Authority to hold digital platforms responsible for misleading or deliberately deceptive information online.

Minister for Communications Michelle Rowland said the proposed legislation was aimed at protecting Australians from the growing threat.

“Mis and disinformation sows division within the community, undermines trust, and can threaten public health and safety,” she said.

“The Albanese Government is committed to keeping Australians safe online, and that includes ensuring the ACMA has the powers it needs to hold digital platforms to account for mis and disinformation on their services.”

The Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill would give the media regulator greater powers to act on systemic issues.

For the first time, the ACMA would be empowered to access documents from digital providers related to misinformation and disinformation on their platforms.

The proposed authority would not extend to the content of private messages sent online.

The bill targets endemic misinformation and disinformation issues which pose a serious harm to Australians, and it would allow the ACMA to fight continued noncompliance from digital providers.

If platforms allow the spread of harmful lies and propaganda to continue, the regulator would be able to register enforceable industry codes with a maximum penalty of $2.75m or 2 per cent of a company’s global turnover (whichever is greater).

Should the code of practice prove insufficient, the ACMA would be able to implement an industry standard which would carry maximum penalties of $6.88m or 5 per cent of global turnover.

The proposed powers would apply to digital platforms accessible in Australia, including search engines, social media sites, dating sites, and web forums.

The ACMA would be focused on encouraging services to implement strong systems to tackle misinformation and disinformation rather than regulating specific content.

Unlike the eSafety Commissioner, the regulator would not have the authority to request the removal of posts or content.

The proposed legislation enacts key measures recommended in the 2021 ACMA report on the adequacy of digital platform measures to combat disinformation.

Public consultation on the draft bill will begin on Sunday and conclude on August 6, with the legislation to be introduced later this year.

“This consultation process gives industry and the public the opportunity to have their say on the proposed framework, which aims to strike the right balance between protection from harmful mis and disinformation online and freedom of speech,” Ms Rowland said.

“I encourage all stakeholders to make a submission and look forward to introducing the Bill into parliament later this year, following the consultation process”.