This paper was prepared in anticipation of the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024. It is supportive of enhanced regulatory powers for misinformation and disinformation, but argues the approach taken by the Bill is captive to an ineffective and hostile ‘industry codes’ process. The paper offers suggestions that would ensure Big Tech was held to a higher standard of public accountability.

The paper describes research identifying shortcomings in the outcomes of industry’s Australian Code of Practice on Misinformation and Disinformation (the ‘Code’). It also considers the Code in a legal context. 

Key findings

• The ’transparency’ mechanisms under the Code are worryingly poor.
• The ‘accountability’ mechanisms under the Code are defective, failing to incentivise best practice and compliance in reporting, and strongly disincentivising public complaints against Code signatories.

Key recommendations

• The Australian Communications and Media Authority (ACMA) should be immediately empowered to bypass industry codes and set a standard, which could include a digital platform public transparency framework.
• Parliament to provide an indication of intent at the Bill stage, such as a commitment to public accountability and public transparency, which includes access to platform data to actually permit independent scrutiny.
• Legislated protections for accredited researchers and research organisations to platform data, in order to tackle the existing public accountability challenges with the industry code, and insulate public interest research from severe risks.