By Brian Marlow & Tim Andrews
Sunday, November 24, 2024
Imagine a world where unelected bureaucrats from the
other side of the world take away Americans’ First Amendment rights, deciding
what we’re allowed to post, read, or share online. This scenario, reminiscent
of Orwellian dystopia, is approaching reality with Australia’s proposed
Misinformation and Disinformation Bill.
Currently under consideration, this bill grants
Australian bureaucrats broad authority to regulate what counts as
“misinformation” and “disinformation” on social-media platforms — with
implications that extend far beyond Australia’s borders.
One of the bill’s most disturbing elements is its
extraterritorial reach. Under Clause 3, the bill mandates that any social-media
platform accessible to Australians must, regardless of its location, comply
with Australian standards for content moderation. U.S.-based companies such as
Facebook, Google, and X (formerly Twitter) would be forced to meet the
regulations, facing penalties of up to 5 percent of their global revenue for
noncompliance. If Australian regulators decide that a post violates their “misinformation”
guidelines, they could demand its removal, regardless of where the author
resides.
This framework would allow Australian officials, under a
loosely defined standard of “harmful” content, to dictate what individuals
outside Australia are allowed to say or see online. Social-media platforms,
wary of steep penalties, would be forced to comply without rigorous review,
giving Australian regulators de facto control over global discourse. It’s a
setup as dystopian as it is real. While service providers are technically free
to try to cut off services to Australia, more likely they simply would apply a
one-size-fits-all approach to any content that was deemed “misinformation” and
delete the content globally
Disturbingly, the global ambitions of Australia’s bill
align with the agendas of key figures and organizations close to the Biden
administration, suggesting that the U.S. may not be far from exploring similar
approaches. One prominent example is Nina Jankowicz, who briefly headed the
U.S. Disinformation Governance Board and has praised the work of the office of
Australia’s eSafety commissioner, an entity that has targeted non-Australian
creators for takedown. Her stance signals a troubling openness among some
American officials to adopt similar censorship frameworks in the U.S.,
potentially under the guise of combating online threats.
Moreover, the U.S.-backed nongovernmental organization,
Reset Tech Australia, funded by the U.S.-based Reset Tech, have championed
Australia’s misinformation bill. Reset Tech’s stated mission to combat online
threats to democracy may sound noble, but their advocacy for
government-controlled discourse could have far-reaching consequences. Their
support for this bill suggests that the Australian model may be part of a
larger, coordinated push for restrictive censorship on a global scale.
Although the First Amendment protects Americans from
direct government censorship, Australia’s misinformation bill could indirectly
erode those protections. Social-media platforms often adopt standardized
policies across jurisdictions, defaulting to the strictest regulations to
ensure compliance. Should Australia enforce its new censorship regime,
platforms would likely apply similar restrictions universally, chilling free
speech not only in Australia but also in the United States and beyond.
The bill’s vague definitions of “misinformation” and
“serious harm” open the door to abuse. Under this framework, content need not
be factually incorrect to be censored; it could simply be controversial or
inconvenient. Empowering bureaucrats to police “harmful” content allows for the
suppression of political dissent, investigative journalism, and even legitimate
scientific debate. In undermining free discourse, Australia’s misinformation
bill threatens a cornerstone of democratic society: the ability to question
authority and engage in open dialogue.
If passed, Australia’s misinformation bill could set a
global precedent, inspiring other nations to enact similar legislation and
potentially triggering a cascade of censorship laws worldwide. Americans, whose
First Amendment rights protect their freedom to express themselves online,
should not allow these rights to be compromised by foreign regulators.
For Americans who value free speech, raising their voices
against this bill is essential. A unified message from U.S. citizens to
Australian lawmakers could have a meaningful impact. By emphasizing that free
speech is a fundamental right in any democracy, Americans may pressure
Australia to reconsider this troubling legislation. Free speech is not merely
an American value; it’s a universal principle essential to all democratic
societies.
In a world where open communication is crucial for
progress, concentrating the power to control information in the hands of a few
could have disastrous consequences. Australia’s misinformation bill represents
a potential censorship regime that, once implemented, might be difficult to
dismantle. Americans must join the global fight to defend free speech, and urge
our elected officials to do everything possible to stop Australia from enacting
this bill.
This is not just Australia’s issue; it’s everyone’s. Free
speech is a right that belongs to all, and we must remain vigilant to preserve
it. By opposing Australia’s misinformation bill, Americans can take a stand
against censorship and work to keep freedom of expression at the heart of our
global society.
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