Arnotts Technology Lawyers

The Digital Industry Group has released the Australian Code of Practice on Disinformation and Misinformation (Code) to prevent the spread of false information on social media platforms such as Facebook, Google, TikTok and Twitter.

This Code was accepted quite readily by tech giants despite being in the wake of the Facebook news ban in Australia. As the dissemination of news has drastically changed in the previous years it is clear that there need to be measures in place to ensure the credibility and validity of news online. The Code is designed to directly target false or misleading information and requires signatories to develop and implement strategies to combat the spread of misinformation.

In a time of conflict between governments and tech companies, this voluntary Code acts as a “flexible and proportionate” bridge to ameliorate future conflict. It will become increasingly important that regulators and tech giants work in tandem for the benefit of future operation. By emphasising outcomes rather than actions, the Code provides companies with the opportunity to internally regulate information online. This may include measures such as flagging “false content, demoting the ranking of content, prioritising credible sources, suspension or disabling of accounts and removal of content.” All of the signatory’s actions are to be reported in an annual report to document its progress. However, the Australian Communications and Media Authority is set to carefully watch, criticise, or recommend mandatory regulation if signatories cannot comply with the Code.

Additionally, the Code imposes non-mandatory objectives, namely an efficient method for reporting misinformation and monitoring fake news accounts. Ultimately, the entirety of the Code is designed to “provide greater transparency about the source of political advertising on [social media] platforms.” This in turn will benefit user privacy and develop trust in the general operations of tech companies. As consumers fear overreaching centralised entities, this Code could not have come at a better time. Although, it will be interesting to see how this Code will affect the government’s current implementation of the News Media Bargaining Code.