Electoral Legislation Amendment (Electoral Communications) Bill 2024

High-Level Summary
The Electoral Legislation Amendment (Electoral Communications) Bill 2024 aims to prevent misinformation and disinformation in electoral and referendum communications. The bill proposes new civil penalties for authorising electoral matter that is materially inaccurate or misleading, including the use of AI-generated deepfakes.

Summary
The bill amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to establish civil penalties for authorising electoral or referendum materials that contain materially misleading or inaccurate information. It creates the Electoral Communications Panel within the Australian Electoral Commission (AEC) to oversee compliance. The bill mandates disclosure of digital modifications or creation of electoral material using AI. Additionally, it adjusts broadcasting restrictions for election advertising, allowing such advertising closer to polling days. New civil penalties target inaccurate written, visual, or audio depictions of candidates, particularly those generated using deepfake technology.

Argument For
Normative Bases
  1. Pro-Democracy
  2. Non-Discrimination
  3. Value-Neutral / Epistemic Objection

The bill should be supported because it seeks to protect the integrity of elections by reducing misinformation and disinformation that could mislead voters. This aligns with democratic principles, ensuring that citizens make informed decisions based on accurate information. By requiring transparency about digital modifications and establishing a credible decision-making panel, the bill enhances public trust in electoral processes. The proposed measures are necessary to adapt to the digital age, where AI technologies can easily manipulate information to mislead the electorate, posing a threat to fair democratic processes.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection

The bill should be opposed because it could infringe on freedom of expression by imposing restrictions on electoral communications. While it aims to curb misinformation, the bill may create a chilling effect on political discourse, where legitimate expressions of opinion or satire might be unduly penalized. The broad scope of what constitutes misleading or inaccurate content could lead to overreach and subjective enforcement, potentially stifling open political debate. Furthermore, the establishment of a new panel within the AEC may lead to bureaucratic complexities and challenges in maintaining impartiality [Judgment].


Date:

2024-11-18

Status:

Not Proceeding

Sponsor:

Unspecified

Portfolio:

Finance

Categories:

Democratic Institutions, Media / Advertising, Discrimination / Human Rights

Timeline:
18/11/2024
28/03/2025

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