In Australia, content moderation issues typically arise out of defamatory, illegal, age-inappropriate, misleading or harmful (for example cyberbullying) content. Updates on the regulation of each are set out below.
In its Digital Platforms Report, the ACCC recommended that a mandatory code of conduct for the digital platform industry be implemented to govern the handling of complaints about disinformation. In February 2021 , the non-profit, Digital Industry Group Inc. (DIGI), released a voluntary Australian Code of Practice on Disinformation and Misinformation (the DM Code), which outlines how the major digital platforms who have signed up to the DM Code will address concerns regarding disinformation and credibility signalling for news content. In December 2022, the DM Code was revised following a public consultation process. One of the key changes that came from this review included the amendment of the definition of the term ‘harm’ to include harm caused by mis and disinformation, and the removal of the word ‘imminent’ to account for chronic harms.
In March 2022, the federal government under previous Prime Minister Scott Morrison (Morrison Government) announced it would introduce new legislation to combat harmful misinformation and disinformation online. The legislation would give the Australian Communications and Media Authority (ACMA) further powers to hold big tech companies accountable for harmful content on their platforms. The Morrison Government also released a report prepared by the ACMA in June 2021 regarding existing disinformation and misinformation regulation.
On 25 June 2023, the Albanese Government released the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (the draft Bill) for public consultation. The purpose of the draft Bill is to provide greater transparency of the actions taken by digital platforms to manage seriously harmful mis and disinformation on their services and to provide ACMA with powers to combat mis and disinformation. The Albanese Government intends to introduce the legislation in Parliament later this year.
The core objective of the DM Code is to provide appropriate safeguards to prevent harms that may be caused by disinformation and misinformation.
Signatories have agreed to:
Signatories may (the DM Code provides that digital platforms can opt-out) also agree to:
The DM Code provides that signatories are not required to (although they may elect to) signal the veracity of content uploaded and shared by their users nor take measures that require them to delete or prevent access to otherwise lawful content solely on the basis that it is or may be misleading or deceptive or false.
The proposed legislation is likely to comprise the following:
Digital platforms should be aware that they could be subject to further regulation on online disinformation and misinformation.
The Federal Government intends to introduce legislation in Parliament later this year. In the meantime, digital platform providers should also be aware of the DM Code and consider whether to sign up to it.
*Information is accurate up to 27 November 2023