The Federal Government embarks on the final parliamentary sitting week of the year behind the eight ball, grappling with the reality of having to dump and delay legislation it has no chance of passing.
Labor has formally ditched its online misinformation bill, recognising that a vote on it would result in an even greater embarrassment for the government than abandoning it.
The proposed new laws sought to give the Australian Communications and Media Authority (ACMA) power to monitor digital platforms and force them to record and regulate misinformation and disinformation on their sites.
Those social media networks who refused or failed to meet those obligations would have faced hefty fines of up to 5 per cent of their global revenue.
When introducing the bill to Federal Parliament earlier this year, Communications Minister Michelle Rowland said it was a Labor priority to act on keeping Australians safe from the harms of misinformation.
“Misinformation and disinformation pose a serious threat to the safety and wellbeing of Australians, as well as to our democracy, society and economy. Doing nothing and allowing this problem to fester is not an option,” Ms Rowland said at the time.
“The government is committed to keeping Australians safe online, and that includes ensuring the ACMA has the powers it needs to hold digital platforms to account for misinformation and disinformation on their services.”
However, with the government’s misinformation bill being outright rejected by the Coalition, the Greens and other crossbench senators, it had no chance of passing the Senate.
On Sunday (24 November), Ms Rowland had an embarrassing update to report, confirming via a statement that the bill was being spiked.
“Members of the House crossbench worked constructively with the government over the latter half of this year to refine the bill and support its passage through the House,” the Minister said.
“The Coalition committed to legislating safeguards when in government but chose to place partisanship above any attempt to navigate the public interest.
“Based on public statements and engagements with senators, it is clear that there is no pathway to legislate this proposal through the Senate.
“The government will not proceed with the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024.
“The government invites all parliamentarians to work with us on other proposals to strengthen democratic institutions and keep Australians safe online while safeguarding values like freedom of expression.
“It is incumbent on democracies to grapple with these challenges in a way that puts the interests of citizens first.”
Greens Senator Sarah Hanson-Young explained the legislation was too vague for the crossbench party to support.
“The practical implementation was just not there,” Senator Hanson-Young told the ABC’s Insiders program.
Labor is also backing down on any action over restricting gambling advertising.
It will not be proceeding with a gambling ads bill this year, which also means if there is an early election called, it won’t see the light of day until the next term of parliament.
Opposition Leader Peter Dutton said the government is capitulating on too many fronts.
“It just shows this government can’t get the big calls right,” he said.
“This is a government that is lurching from one disaster to the next and limping to the next election.”
The government should find some joy, however, with its social media ban for under 16s legislation this final sitting week.
The Opposition is supportive of the bill and wants it passed before Christmas, which means by the end of this week.
Once passed, it will require a 12-month lead time before the ban comes into effect so it could be in force by the end of next year.
Concerns have been raised about the lack of detail in the legislation and exactly how age verification can be enforced.
But with both Labor and the Coalition united on the bill, it won’t matter what the crossbench has to say about it at all.
The legislation was introduced last Thursday (21 November) as an amendment to the Online Safety Act, with Anthony Albanese acknowledging it will be a “difficult task” to implement the proposed new laws.
“This is something no government around the world has been able to achieve yet,” the Prime Minister said.
“This is a landmark reform. We know some kids will find workarounds, but we’re sending a message to social media companies to clean up their act.”