The Commonwealth is looking at laws to tackle online misinformation and disinformation.

New legislation could impose hefty penalties on digital platforms, with the Australian Communications and Media Authority (ACMA) given the authority to demand that platforms keep records related to misinformation and disinformation and provide them upon request.

Communications Minister Michelle Rowland says these measures would enable the regulator to scrutinise the actions taken by platforms to ensure compliance with the rules. 

Additionally, the ACMA would be able to request the industry to develop a “code of practice” to address the issue of misinformation effectively.

Breaching the code could result in penalties of up to $2.75 million or 2 per cent of global turnover, while violations of the industry standards could lead to fines of up to $6.8 million or 5 per cent of global turnover. 

However, Shadow Minister for Communications David Coleman expressed concerns about potential government overreach and the need for clarity in determining what qualifies as misinformation or disinformation.

The proposed legislation defines misinformation as unintentionally false, misleading, or deceptive content and disinformation as intentionally disseminated misinformation intended to cause harm. 

Minister Rowland says the government's objective is not to stifle freedom of speech but to ensure the safety of Australians online.

The ACMA's new powers would extend to social media platforms, news aggregators, and podcasts, but not professional news content. 

The regulator would not have the authority to remove individual pieces of content. 

Public consultations on the draft bill have commenced and will run until August 6.

These measures align with the ACMA's recommendations from its June 2021 report, and they build upon the voluntary code developed by the Digital Industry Group Inc (DIGI).