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Victory for Free Speech: Albanese’s Misinformation Bill Defeated in Senate

"The draconian Big Brother legislation being pushed by Albanese and his Labor government has just been declared null and void!"


We do not always get massive wins in the culture wars and in the battles over freedom in general and free speech in particular, but we did this time. The draconian Big Brother legislation being pushed by Albanese and his Labor government has just been declared null and void!

The Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2024 will not proceed and is now dead and buried. Although it passed the House, it could not do the same in the Senate. The only Senators to support this wicked bill were Labor Senators – everyone else opposed it! This is terrific news indeed.

Two months ago I wrote about what a terrible bill this was, something we would have found in George Orwell’s dystopian warning, 1984.

In that article, I quoted from his novel:

Do you realize that the past, starting from yesterday, has been actually abolished? ….. Every record has been destroyed or falsified, every book has been rewritten, every picture has been repainted, every statue and street and building has been renamed, every date has been altered. And that process is continuing day by day and minute by minute. History has stopped. Nothing exists except an endless present in which the Party is always right.

And that is just where this bill would have headed if it had passed. Albo and Co would determine what is true and false, right and wrong, and rewrite history to push their nefarious agenda. This bill was so very wrong that even the Greens and civil rights groups could not support it.

Here in full is how Sky News covered the story:

Sky News has revealed the Albanese government will dump its misinformation and disinformation bill in response to overwhelming opposition in the Senate. Political Editor Andrew Clennell broke the news on Sunday Agenda after it had become clear the Coalition, Greens and crossbench all opposed the legislation. The proposed laws, which threatened online platforms with fines of up to 5 per cent of their annual revenue for failing to curb misinformation, had sparked fierce opposition.

Communications Minister Michelle Rowland confirmed on Sunday there was “no pathway” to legislate the proposal. “The Government will not proceed with the Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2024,” she said. 

Following the bill’s failure, the government has signalled its intention to pursue alternative proposals for regulating online content. These include strengthening laws against non-consensual deep and sexually explicit fakes and introducing laws to enforce truth in political advertising. The failed misinformation bill was a centrepiece of Labor’s policy agenda, with more than a year of development and consultations led by Ms Rowland. 

Trade Minister Don Farrell confirmed Labor had abandoned the legislation in an interview on Sunday Agenda.  “The opposition in a former iteration said that they wanted that legislation. The Greens said that they wanted to support that legislation. They’ve joined forces now to stop the legislation,” he said. “Unfortunately, that’s the end of it. There will be no legislation, the misinformation and disinformation (bill), there will be no legislation.”

The bill passed through the House of Representatives in November, but opposition grew louder as the Coalition, Greens and crossbench in the upper house turned against it. The bill failed to garner support from any Senator outside of the Labor Party. It was labelled “anti-free speech”, “extreme” and “state-sanctioned censorship” by its opponents.

Under the proposed laws, social media companies would have been required to identify content that was “reasonably verifiable as false” and remove or penalise it accordingly. The bill also allowed for penalties to be imposed for content deemed to cause “serious harm” through misinformation or disinformation.

The legislation was criticised for its vague definitions and potential to stifle free speech. Shadow communications minister David Coleman said the legislation was “wide open to abuse” and did not respect free speech. “The provisions of the bill are extremely broad and would capture many things said by Australians every day,” Mr Coleman had said of the bill.

Independent Senator David Pocock labelled the bill as the “totally the wrong approach” and warned it threatened freedom of expression. Greens Senator Sarah Hanson-Young said her party would reject the bill due to concerns it would not “deal with the real issues” driving misinformation. 

During public hearings in the Senate, almost every consulting representative expressed dissent to the proposed legislation. Professor Anne Twomey, the Catholic Archbishops Conference, Australian Christian Lobby and the Human Rights Commission all expressed concerns about the bill.

Journalist and author Michael Shellenberger told Sky News on Wednesday the bill was one of the “most extreme” pieces of legislation he had seen. He warned it would give Prime Minister Anthony Albanese “extraordinary powers” to criminalise any content deemed misleading.

Media lawyer Justin Quill told Sky News the “extraordinary” bill was an attempt by the government to “control the narrative” of public discourse. “It’s extraordinary that it was even contemplated, even more extraordinary that it was being put forward seriously,” Mr Quill said.

And now we can all celebrate. The Australian Taxpayer’s Alliance said this about the win:

VICTORY: The Misinformation Bill is Dead! But the Fight for Free Speech Continues.

Thanks to YOUR efforts and relentless campaigning, the disastrous Misinformation Bill has been defeated.

Every single cross bench Senator joined the growing chorus of opposition, ensuring this Orwellian legislation cannot pass the Senate.

This means the bill is officially DEAD.

This victory is a testament to the power of people standing together to defend democracy and free speech. Your petitions, emails, donations, and public outcry made this possible. THANK YOU!

But we can’t rest just yet—the fight is far from over.

The Albanese Government is already pushing its next flawed proposal: the Social Media Age Verification Bill. While it’s being sold as a measure to protect children online, this bill introduces massive privacy risks and creates significant barriers to accessing critical online services.

Stay tuned as we ramp up the fight against the Age Verification Bill!

One major fighter against this bill, Queensland Senator Matt Canavan said this just days before the defeat of the bill was made absolutely certain:

Senator Alex Antic and I joined with US author, professor and free speech advocate Michael Shellenberger and the Institute of Public Affairs’ John Storey in front of the media today to discuss the fundamental freedom of speech in our democratic country. At this stage the bill CANNOT pass the Senate, and we must keep up the pressure to send a strong message that Australians will NEVER be silenced by their own government!

Activist and freedom fighter Rukshan Fernando said this about the good news: “Breaking: Albanese to scrap plans to pass Misinformation Legislation after an overwhelming backlash from the Australian public and human rights organisations against Labors draconian censorship plan to formalise a 1984 style ‘Ministry of Truth’ controlled by the political class.”

And George Christensen, the head of Nation First, and the National Director of CitizenGO, who has been doing a terrific job of battling this bad bill made this statement about the win:

The Albanese government has officially abandoned its anti-free speech Combatting Misinformation and Disinformation Bill after facing overwhelming opposition from the Senate and the public. This dangerous legislation, which sought to give the government unprecedented powers to regulate online content, was rightly labelled “extreme,” and “state-sanctioned censorship” by critics.

The bill’s vague definitions and sweeping penalties drew criticism from across the political spectrum, including the Liberal National Coalition, One Nation, UAP, Senator Gerard Rennick, and even the Greens, and crossbench Senators like David Pocock and Jacqui Lambie.

During Senate hearings, expert after expert—from the Human Rights Commission to the Catholic Bishops Conference—warned that the bill posed a serious threat to free expression. One of the best interventions was from CitizenGO when their campaigner Brian Marlow pointed out that the government was one of the biggest purveyors of misinformation and likened the bill’s effect to putting an arsonist in charge of dealing with bushfires.

Ultimately, the government admitted defeat, acknowledging there was “no pathway” for the bill to pass. This is a major victory for free speech and a reminder that Australians will not tolerate government overreach into our fundamental rights.

But the fight isn’t over. The government has already signalled plans for alternative laws targeting online content. This means we must remain vigilant to protect free speech in the face of new threats. For now, let’s celebrate this win—one that belongs to all who stood up and said, “Enough is enough.”

This was a fantastic win indeed, and it shows that people power can prevail. But we must remain vigilant because the progressives and the woke left are forever working to deny us our freedoms and basic human rights. So enjoy popping the champagne right now, but please continue to stay alert.

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