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Government mulls hefty fines for digital platforms over misinformation

The Federal Government has started public consultation on a new framework to penalise digital platforms for spreading harmful misinformation and disinformation online.

The proposed powers for the Australian Communications and Media Authority (ACMA) aim to increase transparency to efforts by digital platforms to respond to misinformation and disinformation on their services, while balancing freedom of expression.

Digital platforms risk facing fines of $2.75 million or 2% of global turnover – whichever is greater – for not complying with the registered code, or as much as $6.88 million or 5% of global turnover for not complying with industry standard.

The government is now looking to give industry and the community the opportunity to review proposed ACMA information-gathering, record-keeping, code registration and standard-making powers to hold digital platforms to account.

“The Albanese Government is committed to keeping Australians safe online, and that includes ensuring the ACMA has the powers it needs to hold digital platforms to account for mis and disinformation on their services,” Communications Minister Michelle Rowland said.

“This consultation process gives industry and the public the opportunity to have their say on the proposed framework, which aims to strike the right balance between protection from harmful mis and disinformation online and freedom of speech.

“I encourage all stakeholders to make a submission and look forward to introducing the Bill into Parliament later this year, following the consultation process.”

The proposed law focuses on systemic issues which pose a risk of harm on digital platforms, but won’t empower ACMA to determine what is true or false or to remove individual content or posts. Professional news content or authorised electoral content won’t be covered.

It also looks to strengthen tools to empower users to identify and report misinformation and disinformation, ensure more robust complaints handling, and enable more extensive use of fact checkers.

The proposed powers come from recommendations in the ACMA’s June 2021 report to government on the adequacy of digital platforms’ disinformation and news quality measures. The powers build upon and are intended to strengthen and support the voluntary code developed by the Digital Industry Group Inc. (DIGI).

Public consultation will close on Sunday 6 August, with legislation to be introduced to Parliament later this year.

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