Combatting Misinformation and Disinformation Bill 2024

The Australian Human Rights Commission (Commission) has provided a submission on the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 [Provisions] (Cth) (Bill).

Freedom of expression

Misinformation and disinformation can have real and significant impacts on human rights, social cohesion and democratic processes. However, caution is advised where information may be opportunistically labelled as ‘misinformation’ or ‘disinformation’ to delegitimise alternative opinions, and limit open discussion about issues of public importance. 

These competing tensions are set out in the Commission’s original submission to the initial exposure draft of the Bill.

Freedom of expression is enshrined in a range of international and regional human rights instruments. However, the right is not absolute and restrictions may be imposed, provided that strict tests are satisfied. 

Although there have been improvements to the Bill, freedom of expression is not sufficiently protected. 

Defining key terms

There have been changes to the definition of key terms that have provided additional clarity. Removing the definition of ‘harm’ and instead defining ‘serious harm’ is a beneficial change which improves protection for free expression. 

However, the Commission continues to hold concerns about both the categories of misinformation and disinformation and the low harm threshold that remains. To learn more about these definitional issues, please read the submission in full. 

Platform reporting 

Regulator and researcher access to misinformation and disinformation insights is essential to monitor and evaluate their prevalence in Australia. However, the Bill no longer requires digital platforms to report on the ‘prevalence of false, misleading or deceptive content’. 

Transparency is a key factor in determining how misinformation and disinformation is affecting the online environment. It is also an important safeguard for freedom of expression as it may allow insights into the kinds of information which is being flagged. 

Review mechanism 

The Bill provides a review mechanism which includes an assessment of the impact of the Bill on freedom of expression three years after commencement. 

While this is a welcomed safeguard, three years is a long time in the digital environment given the rapid pace of technological development. At a minimum, an additional, initial review should take place twelve months after the commencement of the legislation. 

Recommendation 

The Commission's submission makes one recommendation that the Bill should not be passed in its current form. However, the submission should be read in full.