The Bill proposes to amend the Broadcasting Services Act 1992 (BSA) and make consequential amendments to other Acts to establish a new framework to safeguard against serious harms caused by misinformation or disinformation. This paper outlines the purpose, structure and background of the Bill along with key issues, provisions and concerns. It highlights the need for careful consideration of the Bill's provisions and potential implications during the legislative process.

Key points

• It is unclear if the Bill will operate in a manner compatible with Australia’s international human rights obligations related to freedom of expression. 
• According to International Human Rights Law, any regulation of misinformation and disinformation must be necessary to protect individuals, groups or the broader Australian community from serious harm or injury.
• Both the Senate Scrutiny of Bills Committee and the Parliamentary Joint Committee on Human Rights have raised concerns with the Bill, which may not meet this criteria. 
• A lack of universally accepted definitions for misinformation, disinformation, and related terms create additional challenges for the Bill.
• The Bill seeks to provide the Australian Communications and Media Authority (ACMA) with new regulatory powers.
• The Bill proposes substantial penalties for non-compliance with misinformation codes and standards. 
• This raises concerns about potential over-enforcement by platforms seeking to avoid penalties, leading to excessive content censorship.

The Bill has been referred to the Senate Environment and Communications Legislation Committee for inquiry, with a reporting date of 25 November 2024.