Tuesday, 12 November 2024

Freedom of speech

David DAVIS (Southern Metropolitan) (18:43): (1262) My matter is for the attention of the Premier, and it concerns the impact on Victoria and Victorians of the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 at the Commonwealth level. This is obviously a Commonwealth piece of legislation, but it directly impacts freedom of speech in Victoria. This has a serious impact indeed on freedom of speech. It provides powers for the Australian Communications and Media Authority. It has now passed the House of Representatives and is in the Senate.

I think one of the more careful contributions was by Lorraine Finlay, the then head of the Australian Human Rights Commission, about the increased powers that are involved in this bill. Concerns have been expressed by a number of organisations, including the Bar Council and the Media, Entertainment and Arts Alliance – serious concerns across the political spectrum. There are a number of concerns. One of them is that it is overly broad, and there are real questions about the definitions of misinformation and disinformation. There is also a low threshold for decision-making on this. There are definition issues concerning government, but I understand that that has been improved in the bill since this was initially brought forward. But most importantly, it concerns the handing-over of power to regulate digital content being granted to digital platforms and providers and, I might add, indirectly to the communications and media authority. Because they will have the power to regulate those bodies, they will ultimately have some whip hand, but the day-to-day decisions will be made by these digital platforms.

Let us think about who they are: YouTube, Snapchat, TikTok, Instagram, Facebook, Reddit. Who trusts any of those organisations to regulate free speech in Victoria, in Australia, today? I certainly do not. I have encountered extraordinary regulatory impacts on materials that I have personally tried to put out there. Facebook is an absolute and utter shocker. They are not even handed; they are not fair. You cannot even communicate with them half the time when something is troublesome or when they are trying to say, ‘You can’t do that.’ If it is religious, they will go after it, I can tell you that for sure. These are not even-handed bodies, and really we need to make sure that there are proper protections for freedom of speech. This is fundamental to our constitution, it is fundamental to our freedoms and it is fundamental to Victoria, and I call on the Premier to intervene, speak to the federal government and stop this bill.

The PRESIDENT: It is not within the Premier’s remit or her power to stop a federal bill.

David DAVIS: There is no question that she could do that. There are national cabinet meetings where she is able to intervene, and there is a long history. I could go back to the 1990s, when I raised matters in this Parliament about broadcasting. Broadcasting is actually not in the federal constitution. It is actually a power taken by the Commonwealth, but it impacts on all Victorians.

The PRESIDENT: I think you are sort of adding to your adjournment. I will take it into consideration. I think an action that we probably would have been able to accept this term is ‘advocate to a federal counterpart’. I do not think she is going to do an action to stop a federal bill.