Constitutional law expert Anne Twomey says the proposed law has a big problem: “When it talks about what’s ‘reasonably verifiable’ as false, how do you decide?”
Senators who probed the government’s new misinformation laws on Monday were searching for a crucial but elusive detail: how will the truth be determined under the government’s new regime?
The government is seeking to pass new laws to combat political falsehoods spread on social media – but the opposition is wary.The assumption is that the social media platform will do it. If it fails, the regulator steps in. The laws simply suppose “the truth will be discerned along the way”, McComish said. “There’s a gap on the critical question, about how the truth … is to be set out. The bill just doesn’t tell us.
“Well, that’s the peculiar thing,” said constitutional law expert Anne Twomey. “When talks about what’s ‘reasonably verifiable’ as false, how do you decide?”The regulator, ACMA, said it would play no role in arbitrating content because that was the job of social media companies. That still didn’t satisfy. “How do decide? Because they don’t have a clue, either. This is one point I really do want to stress,” Twomey said.
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