Mumbai Press Center

October 16, 2024 | [EDITORIAL] Halt the Censorship Menace: Why the Misinformation Bill Must Be Defeated Now

On September 12, 2024, Australia's House of Representatives introduced the deeply problematic "Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024" to the Parliament.

Freedom Publishers Union stands in resolute and unwavering opposition to this dangerous piece of legislation, which threatens the very foundations of free speech and democratic discourse in Australia.

Free Speech - Our Core Principle

Before delving into the specifics of this Bill, it is crucial to reaffirm our unwavering commitment to free speech.

Freedom Publishers Union firmly believes in, and stands for, free speech as the core principle of our entire global operations.

We declare any measure or system which impedes free speech, intentionally or unintentionally, to be censorship.

We believe free speech is an inherent human right of all citizens of the world and will continue to condemn governments who seek to impose on this inherent right.

This foundational belief informs our vehement opposition to the proposed Bill.

Timeline and Democratic Concerns

Key dates in this rushed process:

• September 12, 2024: Bill introduced to the House of Representatives
• September 19, 2024: Senate referred the Bill to the Environment and Communications Legislation Committee
• September 30, 2024: Public submissions closed

The alarmingly short timeframe of merely two and a half weeks for public submissions on a Bill with such far-reaching consequences is nothing short of an assault on proper democratic procedures.

This rushed process not only undermines the public's ability to thoroughly analyze and respond to the proposed legislation but also raises serious questions about the Government's intentions.

Freedom Publishers Union condemns this blatant attempt to fast-track a Bill that could fundamentally alter the landscape of free speech in Australia.

The high number of opposing submissions, despite the limited time, underscores the widespread concern and resistance to this ill-conceived legislation.

While we were unable to compile a formal public submission within the Government's unreasonably short deadline for this current version of the Bill, we remain steadfast in our opposition.

It's important to note that Freedom Publishers Union did make a formal submission for the original exposure draft of this legislation on July 24, 2023, expressing our strong concerns and opposition at that time.

We will continue to voice our concerns through every available channel until this misguided and dangerous Bill is decisively defeated.

The Government's Deceptive Framing

The Australian Government, in an attempt to sugarcoat this draconian measure, states that the Bill proposes to amend the Broadcasting Services Act 1992 and make consequential amendments to other Acts.

They claim this will establish a new framework to safeguard against serious harms caused by misinformation or disinformation.

More specifically, the Government asserts that the Bill would provide the Australian Communications and Media Authority (ACMA) with new regulatory powers.

These powers would require digital communications platform providers to take steps to manage the risk that misinformation and disinformation on digital communications platforms poses in Australia.

However, we at Freedom Publishers Union see through this rhetoric.

This is not about safeguarding; it's about control.

It's not about managing risk; it's about suppressing free speech.

Moreover, this Bill completely disregards the existing voluntary industry disinformation code (through the Digital Industry Group Inc.), which digital platforms have been following.

The Government's attempt to "strengthen" this voluntary code by threatening to enforce its own system negates the very purpose of a voluntary approach and demonstrates a clear intent to exert undue control over digital platforms and, by extension, public discourse.

Our Unequivocal Stance: A Threat to Democracy

Let us be crystal clear: Freedom Publishers Union views this Bill as nothing less than a direct assault on the principles of free speech and open discourse that are fundamental to a healthy democracy.

By attempting to position ACMA as an arbiter of truth and a de facto ministry of information, the Government is overstepping its bounds in the most dangerous way possible.

We reject outright any claim that this Bill, in any of its iterations, strikes an acceptable balance between addressing genuine concerns and protecting free speech.

Such assertions are not just misguided; they are fundamentally dishonest.

Freedom Publishers Union stands in complete, uncompromising opposition to this Bill in its entirety.

We call on all Australians who value their freedom of expression to join us in this fight against government overreach and censorship.

Dangerously Broad Definitions

The Government has adopted a European framework known as "Information disorder," which defines:

• "Misinformation" as content containing information that is reasonably verifiable as false, misleading, or deceptive, which is disseminated on a digital service likely to cause or contribute harm.
• "Disinformation" as content as described above, but disseminated with intent to cause or contribute harm.

These definitions are so broad and vague as to be virtually meaningless, opening the door for arbitrary and capricious enforcement.

Who determines what is "reasonably verifiable"?

How is "intent to cause harm" established?

These ambiguities create a chilling effect on free speech, where individuals self-censor out of fear of running afoul of these ill-defined terms.

Unreasonable and Dangerous Demands on Platforms

The Bill places unrealistic and harmful demands on platform operators, ostensibly to ensure they actively work to curb misinformation and disinformation.

By providing ACMA with sweeping powers to order platforms and impose costly penalties for non-compliance, the Bill represents a severe and unacceptable overreach beyond ACMA's traditional responsibilities.

This effectively transforms ACMA into an Orwellian information police force and pseudo ministry of truth.

The inevitable result will be a massive increase in government-initiated censorship orders and the enablement of systemic control over the flow of information.

This is a direct threat to the free exchange of ideas that is essential to a functioning democracy.

The Slippery Slope to Irreversible Censorship

If allowed to pass, this Bill will not only place unfair and unjust restrictions on Australians' freedom of speech but also severely curtail the freedom of information that the internet provides.

We cannot stress enough the gravity of this situation: once such a system of control is implemented, it may become irreversible.

The potential for abuse is enormous.

Today, it may be used to target what the Government deems "misinformation."

Tomorrow, it could easily be turned against political dissent, unpopular opinions, or any speech that challenges those in power.

This is not speculation; it is the inevitable progression of censorship when left unchecked.

A History of Overreach

While the current opposition Coalition is set to oppose the Bill in Parliament, this provides little comfort.

We must not forget that the Coalition was responsible for 4,000+ censorship orders during the COVID-19 pandemic.

These orders resulted in the suppression of legitimate concerns and opinions about COVID-19 and vaccine safety, many of which were later proven to be factual and correct.

This history serves as a stark reminder of the dangers of allowing any political entity to act as the arbiter of truth.

It demonstrates that regardless of which party is in power, the temptation to control the flow of information is ever-present and must be resisted at all costs.

The Role of Platform Responsibility

Freedom Publishers Union maintains that despite ongoing challenges, platform operators remain best positioned to manage these issues.

Since the pandemic, many platforms have made significant strides in improving their procedures.

For instance, Mark Zuckerberg and Meta have publicly stated they would not comply as readily with government censorship demands if similar circumstances arose again.

While not perfect, these efforts by platform operators demonstrate a commitment to improving and protecting users' freedom of speech and expression.

This stands in stark contrast to the Australian Government's approach, which seeks to centralize control and increase censorship through this misguided Bill.

ACMA: A Troubling History of Overreach

The decision to assign these sweeping new powers to ACMA is particularly alarming given the authority's troubling history.

In 2012, ACMA was responsible for drafting internet block lists for a proposed Australian internet filter, a system chillingly reminiscent of China's Great Firewall and other tools of totalitarian control.

While that proposal was ultimately shelved, ACMA's clumsy handling of these lists - which unfairly included many legitimate websites and businesses - raises serious doubts about the authority's capability to handle such weighty responsibilities.

The potential for mistakes, overreach, and abuse is simply too great.

The Specter of Further Restrictions

Although there has been no explicit reference to reviving the concept of an Australian internet filter, the Government's recent efforts to control and censor online discourse since 2020 suggest that such draconian measures cannot be ruled out entirely.

The current Bill could very well be a stepping stone to even more restrictive policies in the future.

We must remain vigilant against any and all attempts to restrict the free flow of information and ideas online.

The internet has become a crucial platform for public discourse, education, and the exchange of ideas.

Any Government attempt to control this space must be met with the strongest possible resistance.

Call to Action

The "Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024" represents an unprecedented threat to freedom of speech and information in Australia.

Its overly broad definitions, unreasonable demands on platforms, and the dangerous empowerment of ACMA as an arbiter of truth are deeply troubling and fundamentally incompatible with the principles of a free and open society.

Freedom Publishers Union stands firmly and unequivocally against this Bill in its entirety.

We call on all Australians who value their right to free expression to join us in opposing this dangerous legislation.

Write to your representatives, spread awareness about the dangers of this Bill, and make your voices heard.

We urge the Australian Government to immediately withdraw this Bill and abandon this dangerous path towards censorship and information control.

Instead, we call on our leaders to work towards preserving and strengthening the fundamental right to free expression in the digital age.

The fight for free speech is never truly won; it requires constant vigilance and a willingness to stand up against even well-intentioned but misguided attempts to restrict it.

Today, we must stand together to defeat this Bill.

Tomorrow, we must remain ready to defend our freedoms against whatever new threats may arise.

Freedom Publishers Union reaffirms its unwavering commitment to the principles of free speech and open discourse.

We will continue to stand as a bulwark against government overreach and censorship, today and always.

The free exchange of ideas is not just a right; it is the lifeblood of a thriving democracy.

We must protect it at all costs.

Asia/Pacific Press Office - Mumbai Press Center

Written by The Editorial Board.