The following report is written by Augusto Zimmermann, Professor and Head of Law at Sheridan Institute of Higher Education in Australia, President of WALTA – Legal Theory Association, and former Law Reform Commissioner with the Law Reform Commission of Western Australia:
The Australian Government has recently introduced in Parliament a new law proposal to ban officially unapproved online content. Digital companies are expected to adopt a code of conduct which will see them censor speech based on broad, vague and far-reaching directives.
The Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 foreshadows the imposition of a legal obligation on digital platforms to police alleged ‘misinformation’ and ‘disinformation’. If that does not work, the law proposal provides for the full empowerment of the Australian Communications and Media Authority (ACMA) to directly intervene for the purpose of preventing ‘harm’.
Section 2 of the proposed legislation defines ‘harm’ as follows:
- (a) hatred against a group in Australian society on the basis of ethnicity, nationality, race, gender, sexual orientation, age, religion or physical or mental disability;
- (b) disruption of public order or society in Australia;
- (c) harm to the integrity of Australian democratic processes or of Commonwealth, State, Territory or local government institutions;
- (d) harm to the health of Australians;
- (e) harm to the Australian environment;
- (f) economic or financial harm to Australians, the Australian economy or a sector of the Australian economy.
The concept of ‘harm’ peddled by the bill is illusory, and its content would be subjectively determined by a powerful government agency. The definition of what is and what isn’t harm is malleable and can expand and contract depending on ACMA’s prevailing views. Ultimately, any type of speech with which the government is uncomfortable could be deemed ‘harmful’. For example, describing “disrupting social order” as serious harm could be interpreted to stop the organization of legitimate political protests. This could certainly be used to suppress legitimate political speech that should be part of a functioning democracy.
Above all, ACMA would gain sweeping powers to require any person to appear at a time and place of its choosing to answer questions about misinformation or disinformation. These powers include infringement notices, remedial directions, injunctions and civil penalties, including fines of up to AU$550,000 (US$358,000) for individuals and AU$2.75 million for corporations. Criminal penalties, including imprisonment, may also apply in cases of alleged “extreme harm.”
The provisions found in this law proposal put the communications and lives of free-thinkers, human rights defenders, independent journalists, and ordinary citizens under constant risk. They go in direct opposition to international human rights experts’ advice that “general prohibitions on the dissemination of information based on vague and ambiguous ideas, including ‘false news’ or ‘non-objective information’, are incompatible with international standards for restrictions on freedom of expression… and should be abolished.”
It is noteworthy that the Australian Government is exempted from the proposed legislation. Hence, the content issued by the government is never to be considered ‘misinformation’ but criticisms of the government by ordinary citizens can. It is certainly ironic that views incompatible with the government’s preferred narrative could be deemed to ‘harm’ the integrity of Australia’s democracy since it would disallow speech and expressive conduct that is integral to the maintenance of democratic processes.
In its 12-page submission to the Law Council, the Victorian Bar Association explains that this proposed legislation effectively creates an “unlevel playing field between governments and other speakers” that disadvantages government critics in comparison to government supporters. “The bill’s interference with the self-fulfilment of free expression will occur primarily by the chilling self-censorship it will inevitably bring about in the individual users of the relevant services,” says the Victorian Bar.
Above all, ACMA’s enforcement of the proposed legislation will inevitably stymie discussion of controversial topics, especially if they involve criticism of government policy and actions. This scenario is likely to unfold when the impugned speech is incompatible with the government’s official narrative. Thus, the proposed legislation targets those who, merely exercising their right to free speech, critically assess the desirability of government decisions and actions.
Other concerns with the proposed ‘misinformation’ legislation include the possibility of suspending the activities of internet companies in Australia if they fail to comply with the obligations created, as well as increased criminal penalties for libel and defamation which are incompatible with international human rights standards.
As can be seen, the proposed legislation constitutes a serious attack on the democratic right of Australians to free speech. Digital platforms will be legally obliged to police commentators’ discussion of controversial topics. Under this ‘misinformation’ legislation, any honest and robust debate about government policies will be effectively outlawed.
To conclude, our freedom of political communication is under attack in Australia. If the Misinformation and Disinformation Bill is enacted, then the free expression of ideas will be basically outlawed by the Australian Government. In short, the enactment of this law proposal will spell the end of authentic democracy in Australia. Australians are basically witnessing the transformation of their system of representative government into nothing more than a less open, or more disguised, form of elective dictatorship.
AUTHOR COMMENTARY
This proposal in the Australian Parliament mirrors what the European Union has already passed in the Digital Services Act, which Commissioner Ursula von der Leyen is now trying to fast track its enforcement and even make it stricter in the wake of the Israel-Hamas war.
And just like the DSA in the EU, since these platforms are English-based it very much effect everyone else in North American and Europe, and anywhere English is spoken.
I had said going into 2023 we would see a boatload of censorship coming in, and now 2024 is going to blow this year out of the water. Unfortunately our time on the internet is drawing nigh and we will have to start going more underground.
When the righteous are in authority, the people rejoice: but when the wicked beareth rule, the people mourn.
Proverbs 29:2
[7] Who goeth a warfare any time at his own charges? who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? [8] Say I these things as a man? or saith not the law the same also? [9] For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? [10] Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. (1 Corinthians 9:7-10).
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I agree. I’m thinking soon, truth might only be shared with people on a street level, face to face, in secret when things get really tight: offering them in print, USB flash drives, handwritten scriptures on paper, or from memory (a reason to keep the mind sharp) surreptitiously, like illegal drug dealers or bootleggers.
A good time now for those who haven’t done so yet, to start downloading/saving verified articles and videos telling the truth (convert some to mp3s, depending on content): WP articles, preaching videos, articles about the KJB, other written sources online, natural health info, and so on; before they wipe out all of these online. When things get really desperate before, and after we get caught up, our lost families and others can use them.
Why would the Lord continue to provide lazy people with truth online, while they continue to pridefully scoff at, ignore and reject them?
Psalm 45:1 To the chief Musician upon Shoshannim, for the sons of Korah, Maschil, A Song of loves. My heart is inditing a good matter: I speak of the things which I have made touching the king: my tongue is the pen of a ready writer.
I know I personally am going to try and work towards going more offline in the future and give more printed material. It’s the only way to avoid the online censorship. I hope people freshening up their handwriting skills because they are going to need it.
Great verse. Same here. So far I have only a few printed/handwritten stuff. Also looking to hopefully print and write down more of the files I’ve been saving in my PC.
We know there is going to be another attempt at banning the Bible at some point, so prepare now! If you haven’t started hiding Scriptures in their entirety or a few pages here and there, “get ‘er done!” Memorize as much as you can too!
As for handwritten materials…forget it! First, postage is already too expensive. Secondly, for many years, EVERY physical piece of mail has been scanned, read, and recorded before it gets into our hands! Thirdly, who’s going to get to see it when the whole world is under very strict lockdowns? Fourthly, how will you be able to mail anything if you don’t have a digital m.o.t.b.? So many things to consider that we’ve never had to consider before!
I forgot to mention in my previous post that I’ve also saved a number of old hymnbooks too! Sometimes, it’s best to save these things away from one’s property if possible. Yet, they must be attainable without beating down a noticeable path leading to them or to the Bibles. Even then, canine assets will quickly pick up the trails, so if things can be hidden in cavities in trees, best to use them instead of burying.
Please bear in mind…we’re under constant surveillance 24/ 7 by Musk’s Star-link system, as well as the surveillance balloons that can read the print on a dime or basketball from 80,000 ft. in the sky! Monkeywerx shows these on his very detailed DAILY air traffic reports.
We have no place to run to or to hide in. It’s no picnic to be a fugitive! After awhile, the fear and stress will kill a person. For many right now, they see no purpose in living, can’t afford to, or they know what’s coming, so they’re choosing MAiD or killing themselves at home, etc.. I’m not going to allow it to get to that point for me. When push comes to shove, the best thing to do is to make them shoot you to death. A quick SNAP (shot) via their gun silencer and it’s all over and eternity begins. “Absent from the body, present with the Lord.” That’s much better than being hauled off to a labor camp or camp of any kind…to be tortured, or to watch your loved ones be brutally sliced and diced or tortured or killed in front of you.
At 64, I NEVER ever thought I’d see a time that I’d have to talk like a communist citizen in my own “true North, strong and free”. It reminds me of a very popular song from a few years ago, “What ya gonna do when they come for you?” Where did that song come from? Was it predictive music? Hmmm…
The time has come; we must plan ahead what our plan of action is going to be when they come for us.
According to this article, we’re damned if we do, and we’re damned if we don’t speak. There’s no winning with the devil; only Christ can lead us to victory and ultimately Home. I hope He comes for us soon, because as you can see, I Iove to talk and to share my opinions. I don’t believe God wants any of us to be living a life of Hell on earth (silent solitude, fear, trembling, and limitations on movement and activities). I sooo hope He comes soon, or He’ll not have anyone “alive” to be raptured. Marantha!
I keep forgetting to mention old Christian hymns and hymn books. It’s important to have saved sources of these also.
Lance, you’ve just described the way Christians have to live in China and N. Korea.
I’ve been downloading and saving files for many years. I have thousands of them saved on USB’s, DVD, and CD. However, when the I-Net is taken down, the supporting programs that they operate on will be useless at that time, won’t they?
I’ve also been downloading lots of the old faithful hymns and praise and worship songs to help to see us through those times. It’s quite surreal to think that people will soon have no right to be the free people that God created us to be.
Skywatcher, saved video and audio files can be played offline using VLC player, MS Word, Adobe Reader, and others. PDF, Word and notepad files also, provided you have the programs installed. They run without needing updates; I tried this before already. Printed/handwritten material can be shared locally, if not internationally; it won’t cost us a dime except the printing part. Sending mail isn’t too oppressive yet, we still have breathing room when complete online censorship comes (depends if people choose to spend money to do this). Anyway, worst comes to worst: message in a bottle, or a bold person taking the responsibility to drive cross country to deliver them.
Point is: I’m doing this to preserve sources of truth to hopefully share them when the internet becomes devoid of these. Also to leave something behind for the lost people in Jacob’s trouble, locally if not internationally; at least before a third of the earth is destroyed. Between now and the future, so many things can happen we won’t be able to predict up to the last whit of detail. I hope people won’t be discouraged from doing these now, by those events you’ve said that aren’t here yet. But this is a personal choice for brethren, just saying this is what I’m doing.
The rest will be up to God. He can still allow desperate people sincerely seeking truth to find them, depending on their hearts.
Yes, all citizens are surveilled everywhere nowadays. Correct me if I’m wrong, but I believe all common people are in “their” files/database already: faces, names, etc. Unless maybe if you’re a grizzled old man living somewhere off-grid and has not made a single transaction with the government for many years, used any tech devices, or the internet. At least aging would’ve possibly made you somewhat unrecognizable from a government-issued photo ID in your youth or past online. Active Bible believing Christians are definitely on a list. The Vatican has files I’m sure; reason why I have my full name and face on Youtube. No point in using aliases or pictures of cats. I believe the Lord protects Christians that are useful to him in spreading truth and are continually repenting of sin. Things go the other way, like you’ve pointed out, absent from the body, present with the Lord.
Psalm 143:9
Deliver me, O Lord, from mine enemies: I flee unto thee to hide me.
Aside from all of these, there will also come a time to be silent, but it’s not that time yet:
Amos 5:13
Therefore the prudent shall keep silence in that time; for it is an evil time.
*”in your youth or past online activities”
The government is already distrusted and hated in Australia after the last few years of their vicious and violent Covid tyranny and ramming their unwanted agendas down everyone’s throat.
By the definition of “harm”
Presented in this bill our own government would be in jail and throw away the key.
If they foolishly pass this legislation then they can wave any credibility or support goodbye for good.
So can the msm news media.
So can the internet.
Any passing of this bill into law is an admission from the govt and media that they lie all the time and the internet is their mouthpiece.
People will completely switch off.
The internet will become merely an online shopping mall vacant of any life, ideas, inspiration or debate.
People will just go back to talking face to face in private and writing books and letters by typewriter or hand.
That’s probably not a bad thing.
The mere presentation of this bill alone is very revealing of what a brazen and corrupt government we have.
They no longer represent the people nor our constitution.
It’s got all the hallmarks of a govt sold out to a dystopian communist regime.
The whole thing is a disgrace and unaustralian.
“By the definition of “harm”
Presented in this bill our own government would be in jail and throw away the key.
If they foolishly pass this legislation then they can wave any credibility or support goodbye for good.”
Claude, I thought the same thing, but they have saved themselves by stacking the courts with their own corrupt ilk. People who have no capability to defend themselves are like fish in a barrel with handsomely paid spear-chuckers trying to get you at every move. Best to rely on God’s wisdom and discernment, and let them get you with the first spear chuck. End the agony of merely existing as a fugitive in a hellish world that’s infested with bloodthirsty and soul-thirsty demons.
Having said that, I believe Jesus will come to rescue His sheep before this becomes a global exercise. Until then, it’s definitely a great way of separating the sheep from the goats, and the tares from the wheat. Stay strong and sane, in an insane world! Jesus IS coming! Not only does Jesus have to have some “alive” to be raptured, but Israel must also be a nation “to be saved” during the G. Tribulation. Maybe He’ll come today! Ahhh…that “blessed hope” of Titus 2: 13, 14!
Obviously, the PSYCHOPATHIC elites & their ilk must be protected no matter what, that’s what this is really all about…