Australia Declares War on Big Tech: Protecting Children and Democracy Take Center Stage
The Australian government has intensified its campaign against big tech this week, broadening its focus from protecting children online to safeguarding democracy itself. New legislation introduced to parliament aims to combat the spread of "seriously harmful and verifiably false" misinformation and disinformation online, with the government pushing for its enactment by year’s end. This move comes on the heels of a pledge to ban children from social media, although crucial details like age limits and enforcement mechanisms remain undefined. The government’s current priority is to assure parents of its commitment to addressing their concerns about online safety, preempting criticism and demonstrating leadership on this critical issue.
The proposed social media ban for children, while lacking specifics, reflects a growing national conversation around online safety. State governments, led by South Australia, are already exploring similar measures, and the federal opposition voiced support for banning under-16s from social media months ago. The Prime Minister’s proactive stance aims to position the government as responsive and in control of this debate, rather than reacting to external pressures.
In contrast to the nascent social media ban, the government’s efforts to tackle misinformation and disinformation have been more extensively developed. Following public consultation and feedback on a draft bill released last year, Communications Minister Michelle Rowland has reworked the legislation, addressing concerns about free speech and the scope of its powers. The revised bill removes previous exemptions for government and political party content, subjecting all online content, including AI-generated material, to the same scrutiny during election campaigns.
The legislation targets a "very high threshold" of harmful misinformation, such as content discouraging vaccination or spreading false information that incites violence or panic. Rowland emphasizes that the bill does not grant the government or regulators the power to remove individual pieces of content. Instead, it seeks to mandate the industry’s voluntary code of conduct on mis- and disinformation, empowering the Australian Communications and Media Authority (ACMA) to hold platforms accountable for their compliance. ACMA will have the authority to investigate platforms’ adherence to the code and impose substantial fines, up to 5% of global turnover, for non-compliance.
The Coalition’s response to this legislation remains uncertain. While supportive of banning children from social media, their previous stance on the draft legislation was critical, labeling it an attack on free speech. However, in the wake of recent incidents involving the spread of misinformation, the opposition has indicated a willingness to collaborate with the government on solutions. Growing concerns from various quarters, including the Electoral Commissioner, ASIO, and the Federal Police, about the escalating threat of misinformation and its potential to fuel extremism further strengthen the government’s case for action.
With a limited number of parliamentary sitting weeks remaining this year, the government faces a tight deadline to pass this legislation. Alongside this bill, other pressing legislative priorities, including aged care reforms, environmental laws, Reserve Bank reforms, housing bills, gambling ad restrictions, and political donation reform, compete for parliamentary time. The challenge for the government will be to navigate these competing priorities and secure the necessary support for the passage of the mis- and disinformation bill, as well as the proposed social media ban for children, before the year’s end. The coming weeks will be crucial in determining the fate of these significant pieces of legislation, and the government’s ability to deliver on its promises to protect both children and democracy in the digital age.