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ACMA to receive new powers against misinformation under new legislation

The Australian Communications and Media Authority (ACMA) will soon have new jurisdiction in its oversight of digital platforms to combat misinformation and disinformation.

In a bid to create “transparency around efforts by digital platforms to respond to misinformation and disinformation”, the Federal Government is giving information-gather and record-keeping power to the media watchdog.

Minister for Communications Michelle Rowland

Under the new legislation, ACMA can also register an enforceable industry code and make a standard, should self-regulatory codes fail to address threats posed by misinformation and disinformation.

Minister for Communications Michelle Rowland said: “A new and graduated set of powers will enable the ACMA to monitor efforts and compel digital platforms to do more, placing Australia at the forefront in tackling harmful online misinformation and disinformation.

This proposed framework will focus on systemic issues which pose a risk of harm on digital platforms, rather than individual pieces of content posted online.

The area is currently monitored by the Digital Industry Group (DIGI), a nonprofit industry association. It released an updated version of Australia’s disinformation and misinformation code in December 2022, which was adopted by eight signatories – Apple, Adobe, Google, Meta, Microsoft, Redbubble, TikTok and Twitter.

However, the code doesn’t hold regulatory power. In response to submissions, DIGI said it welcomes calls from those including the ABC for ACMA to drive participation in the misinformation code continuously.

ACMA itself also sought strengthened authority in the past, as mentioned in its June 2021 report assessing the misinformation code.

The Federal Government will undertake public consultation through the release of an exposure draft Bill in the first half of 2023 and introduce legislation in Parliament later this year.

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