This discussion paper has been prepared to assist public consultation for the 2025 review of the Australian Code of Practice on Disinformation and Misinformation (ACPDM). The ACPDM is a self-regulatory code adopted by major companies including Adobe, Apple, Google, Meta, Microsoft, Redbubble, TikTok and Twitch. The current review of the Code will be comprehensive, examining the scope of the ACPDM and potential improvements to the Code’s governance and oversight.

As currently drafted, the ACPDM regulates two types of online content: ‘misinformation’ which essentially concerns false misleading or deceptive content which may not be intended to cause harm, and ‘disinformation’, which is essentially false, misleading or deceptive content which is disseminated in ways that are deliberately coordinated or designed to disrupt and undermine genuine discourse online.

The review of the ACPDM is being advanced, following the withdrawal of the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024. The public debate concerning the Bill highlighted the complex issues surrounding the regulation of dis- and misinformation, and the delicate balance between protecting democratic processes and the need for open public discourse on important political issues.

The paper discusses the following issues: 

1. The transparency reporting process as a means of informing the public and a framework for the review of activities by signatories under the Code
2. What role (if any) can the Code play in facilitating an eco-system approach to combatting misinformation and disinformation?
3. Can the complaints handling process be improved?
4. The role, membership and remit of the Administration Committee in overseeing the Code in the light of emerging best practice approaches for advisory committees.

Public submissions to inform potential changes to the Code close on 3 November 2025.