The Australian Government’s proposed misinformation bill may be “dead in the water” following significant pushback from opposition Senators in the upper house of the federal Parliament, according to Sky News Australia’s Political Editor, Andrew Clennell,
“It’s long odds at the moment because David Pocock, the independent Senator, I understand, has severe reservations around it, including the freedom of speech issue,” Clennell said.
“[Senator] Jacqui Lambie [of the Jacqui Lambie Network political party] was on with [Sky News Australia’s] Peter Stefanovic yesterday, also expressing real reservations about this bill.
“The Greens might support it, but even they want to change it as well, is my information. You need the Greens and a couple of independents – that doesn’t look likely, according to my information.
“I think this bill is dead in the water,” he added.
Clennell’s claim was backed up earlier this week by Liberal Senator Alex Antic. Speaking to Sky News host Rita Panahi, he cast doubt about the Government’s ability to muster enough votes to get the Bill through the Senate, where it only has 25 of the 76 seats.
“The message needs to get through to the crossbench – this will hinge on those five or six senators who sit on the crossbench,” he said, before adding: “What I would say to them is what is good for the Left of politics can also be good for the Right and vice versa. This is a bill which should be defeated for the sake of free speech in this country.”
For the avoidance of doubt, the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 really is as illiberal as its detractors claim. Indeed, it is the latest in a long line of ill-conceived, poorly worded attempts by Western governments to tackle ‘fake news’.
The aim is to force online platforms to censor ‘misinformation’ and ‘disinformation’ to the satisfaction of an unelected and opaque Government agency, the Australian Communications and Media Authority (ACMA). To that end, the Bill grants ACMA new powers to impose a compulsory code of practice on digital platforms, as well as demand information from them.
But how will the ACMA decide whether a piece of online content is ‘misinformation’ or ‘disinformation’? As the COVID-19 lab leak theory’s journey from “conspiracy theory” to “plausible hypothesis” reminds us, the difference between mis- (or dis-) information and legitimate news is often little more than the passage of time.
This was eloquently expressed by the former Supreme Court judge Lord Sumption in an article for the Spectator:
All statements of fact or opinion are provisional. They reflect the current state of knowledge and experience. But knowledge and experience are not closed or immutable categories. They are inherently liable to change. Once upon a time, the scientific consensus was that the Sun moved around the Earth and that blood did not circulate around the body. These propositions were refuted only because orthodoxy was challenged by people once thought to be dangerous heretics.
The Bill defines “misinformation” as content that is: “reasonably verifiable as false, misleading or deceptive” and “is likely to cause or contribute to serious harm”.
The same definition is used for “disinformation”, adding that there must be grounds to suspect that the content was shared with the intent to deceive others or otherwise “involves inauthentic behaviour”, whatever that means.
It’s true that the Bill makes an exception for “content that would reasonably be regarded as parody or satire” and “reasonable dissemination of content for any academic, artistic, scientific or religious purpose”, as well as “professional news content”.
But this merely raises more questions.
Who, officially, is a journalist? Is content produced by citizen journalists exempt? The answer is no, unfortunately.
When it comes to academic content, what counts as “reasonable”? Consider a case like Dr. Nathan Cofnas, the FSU member and early career research fellow at the University of Cambridge, whose college recently cut ties with him over a blog post about race and intelligence. In the world according to Australia’s draft misinformation bill, would his work receive legal protection as a “reasonable contribution” to scientific and academic discourse, or would it end up falling foul of the ACMA’s new online regulatory code?
What about Hobart city councillor Louise Elliot, who earlier this year gave a speech at a women’s rights rally in which she said transwomen were and always will remain biological men?Would it be deemed reasonable for her to share a video of that speech for academic or scientific purposes? Given that she was subsequently hauled before the Tasmanian Anti-Discrimination Commission and accused with “inciting hatred”, that seems unlikely.
Then there’s the question of what counts as a sincerely held religious belief? Earlier this year, the Australian Christian Lobby warned that the legislation as drafted would inevitably “cancel Christian posts online” and prevent churches from “expressing an alternate view to the prevailing woke culture on gender and sexuality”. The Australian Catholic Bishops Conference also spoke out against the Bill in a joint letter to the Government, noting that “there are people who will sometimes incorrectly claim that the teachings of the Catholic Church are “hateful” or “harmful”.
Arguably, the most troubling aspect to the Bill’s understanding of “misinformation” is that it defines any information authorised by the Government as “excluded content”. In other words, Government information cannot, by definition, be “misinformation” or “disinformation” under the law. But content critical of the Government produced by political opponents might be. In its recent submission to the Law Council of Australia regarding the Bill, the Victorian Bar warned that this exemption creates a “double standard” that “disadvantages critics of the Government in comparison with Government’s supporters”.
Then there’s the issue of the Bill’s definition of “serious harm”. All that’s required for online content to be categorised as “misinformation” or “disinformation” is that it is “reasonably likely to cause or contribute to serious harm”. The categories of serious harm included in the bill are extremely broad, including:
- “harm to public health in Australia, including to the efficacy of preventative health measures in Australia”;
- “vilification of a group in Australian society distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality or national or ethnic origin”;
- and “imminent harm to the Australian economy, including harm to public confidence in the banking system or financial markets”.
As Australia’s Media, Entertainment and Arts Alliance recently reminded the Government, “There is a long history of important social movements being considered ‘disruptive’ by governments and powerful interests” and this concept of ‘harm’ is therefore “dangerous and open to misuse and exploitation”.
If this Bill really is, asAndrew Clennell claims, “dead in the water”, that marks an important staging post in the fight for free speech in the country – and it’s thanks in no small part to the Free Speech Union’s sister group, the Free Speech Union of Australia.
Since the first iteration of this legislation was introduced in June 2023, tens of thousands of Australians have used the FSU of Australia’s online campaigning tool to write to Parliament and express concern about the serious risk it poses to democracy. To date, over 25,000 people have used the tool to send an email.
The good news is that grassroots campaigning really can make a difference. But as recent events in Ireland remind us, this is no time for complacency.
Ireland’s Minister for Justice, Helen McEntee, recently announced she was dropping the hate speech provisions from the Irish Government’s new hate crime bill, which would have made “communication” of material deemed capable of inciting “hatred” punishable by up to five years in prison, and mere “possession” of such material punishable by up to two years.
And yet, little more than a week after making the concession, Ms. McEntee has already begun talking up the possibility of the Government “moving forward” with the discarded provisions – possibly via a separate bill, or more likely via amendments to existing Acts of the Oireachtas – after the next election.
So however encouraging developments in Australia’s Senate over the next few days and weeks may appear to be, free speech advocates Down Under shouldn’t count their chickens. The cost of liberty is eternal vigilance.
Dr. Frederick Attenborough is the Free Speech Union’s Senior Communications Officer. You can find him on Substack here.
Stop Press: The Free Speech Union of Australia has pointed out that many indigenous organisations are strongly opposed to the misinformation bill. That’s particularly embarrassing for the Albanese Government, given it’s tendency to sacralise indigenous groups.
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Good grief, this idiot is going to end up taking us into a war by his stupidity.
Caution, Brain free zone.
He’s as dangerous and as mad as Bunter and Cameron isn’t he.
A whole lot worse.
Clarification? It seems clear enough to me. The man is an idiot. A further example of him meddling in issues he knows nothing about – though in this case he’s supposed to know something about it as it’s his ministerial responsibility.
War Is Peace. Freedom Is Slavery. Ignorance Is Strength.
Nagorno-Karabakh is liberated.
Seriously, this man should be removed from representing this country. It is now beyond embarrassing and the potential for a serious diplomatic incident cannot be ruled out. One can only hope that his ignorance is now so obvious to all that those affected by his comments will make allowances for his lamentable grasp of geopolitics.
…
will make allowances for his lamentable grasp of geopolitics.“…will make allowances for his lamentable grasp of basic knowledge and common sense.”
With all due respect but we might as well be blunt and say it how it is.
…. or perhaps use the phrase which my long deceased father-in-law used to describe other drivers who annoyed him (in a broad Mancunian accent) – ‘Berking Twithead’!
We know why he was chosen and it certainly wasn’t for his intellect!
The ‘cleansing’ of Christians from their enclave in Muslim Azerbaijan was merely a continuation of the ‘cleansing’ of non-muslims, primarily Christians & Jews that has been going on for over a century.
You don’t have to go back very far to find that Christians made up about a 3rd of many middle Eastern countries. Even in countries such as Egypt Christians constituted about 25% of the population.
Population in the region throws up some interesting points. Who would have thought that in Israel & the Palestinian Territories there are about 7.2m Jews & 7.1m Arabs, & a further 0.5m Christians.
A mixing of terms there. I assume you mean that the 7.1m Arabs are all Muslims?
Jews and Christians are members of religious groups and not necessarily of a particular ethnicity. ‘Arab’ is a purely ethnic term – though there are many different ethnic sub-groups.
Jews are a race; there are very few who follow the religion of Judaism who are not also Jews but they are not the same thing. There are plenty of non-religious Jews.
I’d disagree with you on jews being a race its a religion however as you say not all jews are religious but the same could be said for every religion!
Are Eastern European Khazarians part of the Jewish ‘race’? They don’t look like they are descended from the Levant..
Was 100 percent Christian until Islam came along and forcibly converted or killed the Christians of the middle east. The crusades were a long overdue response to religious invaders.
Why is the Labour party so chock bang full of Gobs on Legs with no brain cell to share between them?
Lammy is an antisemitic racist. Who is responsible for putting him in arguably the most important position in Government? The man is a walking time bomb.
Rayner is a foul-mouthed thief.
Two-Tier is a money-grubbing disgrace to himself, let alone to the country. What kind of person, let alone a multi-millionaire, whines they wouldn’t be able to watch football without freebies? How come the future King and his son sit in the stands at Villa Park. Bring on the pictures of Arsenal v Villa.
If the world thought Biden embarrassing wait until they pick up on this lot!
I very confidently give Reeves 10 months, Two-Tier 2 Years before his party kick him out. They will have no choice, he is fast heading towards the most unpopular leader ever, even eclipsing a PM who sent British troops to die. It really is that serious.
“Two-Tier is a money-grubbing disgrace to himself, let alone to the
country. What kind of person, let alone a multi-millionaire, whines they
wouldn’t be able to watch football without freebies?”
Two Tier Starmer is so last week as is “Kier Starmer, Granny Harmer”.
His new name in the hood is: “Free Gear Starmer”.
Free Gear Two-Tier Kier
I’m also shocked at how completely clueless and dangerous these imbeciles are and the sooner they are removed the better for our country.
At least you know and expect this sort of thing from Labour. It’s those Janus faced, fakeTories that are worse than rats.
Lammy is just sticking to the woke script: Muslims did this to Christians. Hence, it must have been a good thing. Whatever it was.
Two Lammy pieces in fairly close succession is too much to bear. Do you remember the Spitting Image sketch in the 80s about Reagan? The President has lost his brain? Did our For Sec ever have one I wonder?
The man’s an utter cretin and a dangerous liability.
Its simple really, in order to lose something you have to have one to start with!
He doesn’t need to retract his statement or issue a clarification.
He needs to expletive deleted well resign, and pronto.
He is a national and international laughing stock, a man of peerless stupity even in 2tk’s cabinet of imbeciles.
Go for heavens sake GO!
Come on, 2TStarmer should sack him, but he won’t! To do so would be racist!
What this country desperately needs is a “fit for office” test.
Lammy would certainly fail almost any device to measure this.
It is now abundantly clear that Kneel was told who to give which job to whom on the basis that they are wholly unsuited to the roles they have been given.
Lammy – so utterly thick that he doesn’t know which order 7 an 8 belong in, wholly ignorant of British history and with a gob as big as the Mersey Tunnel such that a major diplomatic incident is a case of when not if.
Ranting Rayner – in charge of housing. She who stole off taxpayers via a housing deal. Streetwise but also utterly thick.
Robber Reeves – ex Bank of England (brewer up presumably
) as Treasurer. We couldn’t make this up.
On and on it goes – Miilibrain etc. Most of the current lot could outdo Abbacus Abbott in the absence of grey matter.
i think Azerbiyan is one of the places Blair advised on how to get western support.
Good. We should follow his advice and start with him.
Lame-brain Lammy’s future is on the speech making circuit – “how I started WWIII” plus his ever popular party piece, “Kings and Queens of England (in reverse order)”.
He looks a bit like a Sontaran warrior in this picture but the Sontarans are courageous and honourable so maybe not…
I think he looks more like Jabba the Hutt.
Well spotted
Similar moral sense too
Enough. This is the UK foreign secretary you’re talking about. One of the top cabinet positions. How on Earth would he have got the job if he wasn’t amazing at thinking?
Hilarious!
!
Here’s an idea for the next cabinet reshuffle….
Lammy for education secretary
Is Lammy being unbelievably stupid and ignorant or does he actually think it’s a good thing for Nagorno-Karabakh to be ethnically cleansed (and Armenia also at risk)? Could he really be this ignorant? If so, why on earth is he in the position he is?
You’d think the primary quality the Foreign Secretary should demonstrate is diplomacy.
Free Gear Keir has appointed a loudmouth bigot, who’s an embarrassment to the country.
Lammy Didn’t Earn It.
Lammy is a great example of why immigration is a really bad idea. He is thick as mince. His best role would be as burger flipper in McDonalds.
This government is riven with stupid, ignorant idiot communists. In fact, I reckon most of them are so thick, they don’t even understand communism.
The only useful role Lammy has is to make the rest of his colleagues feel superior!
I’m still struggling to believe this! You’ll know the feeling when your mind takes time to absorb information and you get waves of disbelief.
Before his appointment to this intellectually demanding position it was already known be was an idiot. Only an imbecile would put him into this role.
Lammy’s a national embarrassment on the world stage. Not in my name, doesn’t represent my views, looks like an imposter, an utter shambles of a man in a government of similar talent.
God help us all – what chance do we have with such low quality ‘politicians’ as this current lot! I have never felt so fearful for our future
Sadly our future was just as grim under the Tories
And has Welby come out in defence of Armenian Christians ??