Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2019-2020-2021-2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Social Media (Protecting Australians from Censorship) Bill 2022
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
George Christensen MP
Social Media (Protecting Australians from Censorship) Bill 2022
OUTLINE
The bill
The bill prohibits large foreign social media services from de-platforming or censoring lawful
content by Members of Parliament, election candidates, registered political parties,
journalists and media organisations on their platforms within Australia. The bill also prohibits
large foreign social media services from censoring lawful philosophical (including political)
discourse on their platforms within Australia.
The bill tasks the Australian Communications and Media Authority to oversee the
administration of this proposed law and the issuance of notices and fines to foreign social
media services.
The bill supports the right to freedom of speech within Australia. The bill also seeks to
minimise opportunities for foreign social media services to influence elections and political
discourse in Australia.
FINANCIAL IMPACT
The bill will have no financial impact as the Australian Communications and Media Authority
is already established and should require no further resources to administer this proposed
law. The bill may have a positive financial impact if fines against foreign social media
services are enforced and collected.
NOTES ON CLAUSES
Clause 1: Short Title
This clause provides for the Act to be cited as the Social Media (Protecting Australians from
Censorship) Bill 2022.
Clause 2: Commencement
This clause states the whole of the Act will commence 6 months after it receives the Royal
Assent.
Clause 3: Definitions
This clause defines terms used in the Act.
Clause 4: Meaning of large foreign social media service
This clause defines the term 'large foreign social media service'.
Clause 5: Meaning of candidates and members of Parliament
This clause defines the terms 'candidate' and 'member of Parliament'
Clause 6: Extension to external Territories
This Act extends to external Territories.
Clause 7
This clause assigns responsibility of the results of computer programs and algorithms used
by social media services to that social media service.
Clause 8 to 10: Prohibited censorship
Clauses 8 to 10 of the bill set out the terms around prohibitions on censorship by large
foreign social media services including fines and exceptions.
Clause 11 to 13: Enforcement
Clauses 11 to 13 of the bill set out the terms around the enforcement of prohibitions on
censorship by large foreign social media services including complaints to ACMA, the
investigation of complaints by ACMA and the response to those complaints by ACMA.
Clause 14 to 16: Anti-censorship notices
Clauses 14 to 16 of the bill set out the terms around anti-censorship notices being given to
providers of large foreign social media services, compliance with anti-censorship notices and
formal warning for contravention of anti-censorship notices.
Clause 17 to 20: Regulatory Powers
Clauses 17 to 20 of the bill set out the terms around civil penalty provisions, infringement
notices, enforceable undertakings and injunctions.
Clause 21 to 23: Information-gathering powers
Clauses 21 to 23 of the bill set out the terms around ACMA obtaining end-user identity
information or contact details, compliance with notices and self-incrimination.
Clause 24 to 31: Investigative Powers
Clauses 24 to 31 of the bill set out the terms around notices requiring appearance for
examination, examinations on oath or affirmation, examinations taking place in private,
records being made of examination, production of documents for inspection, protection of
persons giving evidence and non-compliance with requirement to give evidence.
Clause 32 to 40: Miscellaneous
Clauses 32 to 40 of the bill set out the terms around review of decisions, protection from civil
proceedings, liability for damages, copies of material, implied freedom of political
communication, concurrent operation of State and Territory laws as well as how the Act is
not to affect performance of State or Territory functions, how legislative instruments are
subject to disallowance and terms around legislative rules.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Social Media (Protecting Australians from Censorship) Bill 2022
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the bill
The bill prohibits large foreign social media services from de-platforming or censoring lawful
content by Members of Parliament, election candidates, registered political parties,
journalists and media organisations on their platforms within Australia. The bill also prohibits
large foreign social media services from censoring lawful philosophical (including political)
discourse on their platforms within Australia.
The bill tasks the Australian Communications and Media Authority to oversee the
administration of this proposed law and the issuance of notices and fines to foreign social
media services.
The bill supports the right to freedom of speech within Australia. The bill also seeks to
minimise opportunities for foreign social media services to influence elections and political
discourse in Australia.
Human rights implications
Human rights are identified in the bill as Australia's obligations under:
• the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
• the International Covenant on Civil and Political Rights (ICCPR).
Article 19 of ICCPR states that:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other
media of his choice.
This bill clearly supports Australia's international obligations by prescribing in law the inability
of large foreign social media services to interfere with expressed opinions of Australians and
the ability of Australians to seek, receive and impart lawful information and ideas of all kinds
on social media services without being censored.
Conclusion
This bill is compatible with human rights because it advances the right to hold opinions
without interference and the right to freedom of expression through the ability to seek,
receive and impart information and ideas of all kinds on social media services.
George Christensen MP