Proposed Australian laws could result in tech giants facing billions of dollars in fines for their failure to tackle disinformation. The Australian Communications and Media Authority, a government watchdog, said that the proposed legislation would bring “mandatory” standards to the little-regulated sector. The owners of platforms such as Facebook, Google, Twitter, TikTok, and podcasting services would face penalties worth up to five percent of their annual global turnover, which is one of the highest proposed anywhere in the world.
Under the proposed laws, the watchdog would be granted a range of powers to compel companies to prevent misinformation or disinformation from spreading and stop it from being monetised. The legislation would provide the ACMA with new powers to register and enforce mandatory industry codes as well as make industry standards.
According to the proposed legislation, the watchdog would not have the power to take down or sanction individual posts. However, the platforms could be punished for failing to monitor and combat intentionally “false, misleading and deceptive” content that could cause “serious harm.” The rules would echo legislation expected to come into force in the European Union, where tech giants could face fines as high as six percent of annual turnover and outright bans on operating inside the bloc.
Australia has also been at the forefront of efforts to regulate digital platforms, prompting tech firms to make mostly unfulfilled threats to withdraw from the Australian market. The proposed bill seeks to strengthen the current voluntary Australian Code of Practice on Disinformation and Misinformation that launched in 2021, but which has had only limited impact. Tech giants including Adobe, Apple, Facebook, Google, Microsoft, Redbubble, TikTok, and Twitter are signatories of the current code.
The proposed laws were unveiled Sunday and come amid a surge of misinformation in Australia concerning a referendum on Indigenous rights later this year. Australians will be asked whether the constitution should recognise Aboriginal and Torres Strait Islanders and if an Indigenous consultative body should be created to weigh in on proposed legislation. The Australian Electoral Commission has witnessed an increase in misinformation and abuse online about the referendum process.
Election commissioner Tom Rogers told local media on Thursday that the tone of online comments had become “aggressive.” The government believes that tackling disinformation is crucial to keeping Australians safe online and safeguarding the country’s democracy. Minister for Communications Michelle Rowland said Sunday that “Mis and disinformation sows division within the community, undermines trust and can threaten public health and safety.”
Stakeholders have until August to offer their views on the legislation.
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