Submission on the exposure draft of the Communication Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023

The Hub has made a joint submission, with Deakin University Centre for Cyber Security Research and Innovation (CSRI), on the exposure draft of the Broadcasting Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023. The submission acknowledges the positive measures in the Bill for increasing transparency and accountability over how platforms manage misinformation and disinformation. Noting the complex balancing act to which the Bill is directed, the submission responds to the consultation questions, recommending that:

• Research funded by the Cyber Security Cooperative Research Centre finds that a focus on disinformation campaigns is important and necessary. CSRI and Hub researchers propose legal sanctions against the most insidious forms of disinformation, which we refer to as disinformation campaigns. We recommend the addition of disinformation campaign to the definition of disinformation may aid development of a nuanced regulatory response that is calibrated more closely with serious harm. Our research recommends that the Australian government clearly define the serious harms to society that necessitates and justifies interference with free speech of the kind only courts (and not platforms) can impose.
• The Bill refers to digital services only, including digital platform services. We see that communications technology continues to change and evolve, and that in the future communications services and technology may not be digital services. Our concern is that the concept of digital will become obsolete as communications and media technology evolves and develops over the next decade, creating a loophole for non-digital format services.
• A more active role for the Australian Communications and Media Authority (the ACMA) and other public institutions, such as State and Federal courts, should be explored, including consideration of the advantages and disadvantages of implementing a ‘co-design’ process within the co-regulatory framework for codes and standards.

A pdf copy of the submission is here