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Clarifying Where ACMA Stands on the Censorship Bill

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At Senate Estimates, I asked the Australian Communications and Media Authority (ACMA) about their input into Labor’s Combating Misinformation and Disinformation Bill.

Both ACMA and the Minister claim the bill will retain the democratic right to freedom of speech and freedom of political expression. I don’t believe them! The coercive threat of future government action on tech companies will definitely restrict Australians’ political expression.

How can this basic human right be retained when the government and its mouthpiece media will be the only ones with carte blanche to say whatever they want while everyone else’s views will be open to censorship?

Once a government gives itself an advantage like that over its opponents, both in the political arena and among the public, history informs us of the outcome. Democracy enters decline, every single time.

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Multi-Million Dollar Defamation Bill Due to ABC Arrogance

Former Special Forces Commando Heston Russell repeatedly asked for a correction and an apology for stories the ABC published that defamed him and November platoon. The ABC accused them of committing war crimes in Afghanistan at a time when they weren’t even in that country.

Heston had to sue the ABC for defamation instead. The judge noted the ABC became defensive and considered any criticism as merely part of a culture-war attack. If they had responded properly, the taxpayers could have saved millions of dollars.

The response from the Minister shows a similar level of denial and lack of accountability, answering serious questions with cheap political taunts. What the government needs to remember here is that special forces commando, Heston Russell, was a victim of disinformation published by the ABC. It was an ordeal that he calls the ‘hardest battle he has ever fought’.

As the Government failed to answer, their Misinformation and Disinformation Bill WOULDN’T protect people like Heston Russell from fake news by the ABC as they’ll be excluded from the Bill.

Transcript

Senator ROBERTS: My question is to the Minister representing the Minister for Communications, Senator Watt. Former special forces commando Heston Russell repeatedly asked for a correction and an apology for stories the ABC published that defamed him and November Platoon, accusing them of committing war crimes in Afghanistan at a time when they weren’t even in that country. He offered to settle the case for $99,000, which the ABC refused, and proceeded to trial. The defamatory articles were brought to the attention of Minister Rowland, the Minister for Communications, by a 26,000-signature petition, which she acknowledged on 20 March and on which she failed to act. Minister, what is the cost to the taxpayer for the ABC’s legal fees in this matter so far? 

Senator WATT (Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management) : Thank you, Senator Roberts, for that question. I will have to take on notice the exact details of that question that you’ve asked. Presumably, these are matters that you’d also have the opportunity to ask the ABC at estimates next week. So I am happy to come back to you with any details that I can provide on that. The broader issue around any defamation action taken against the ABC is really a matter for ABC management. Of course, this government believes in the independence of the ABC and, in particular, its editorial independence. 

Senator Rennick: You mean the bias. 

Senator WATT: Senator Rennick, on the other hand, thinks that it’s a biased organisation. That’s a very disappointing remark to make about the national broadcaster but perhaps one that we’re used to after years of ABC cuts under the former government. It would appear that Senator Rennick isn’t the only member of the opposition who regards the ABC as biased. Again, it’s a very disappointing view to express about the national broadcaster—the only publicly funded broadcaster. Again, it probably indicates why the ABC suffered such severe funding cuts under the former government. 

So, Senator Roberts, you’ll obviously have the opportunity to ask those questions of ABC management at estimates next week. I know Senator Henderson always has questions for the ABC as well, so she will no doubt do that again next week. 

Senator Ruston interjecting— 

Senator WATT: Sorry, Senator Ruston, we get to answer the questions, and I’ve already— 

Honourable senators interjecting— 

The PRESIDENT: Order, across the chamber! Minister Watt, please refer to me when you’re answering the question. Senator Henderson? 

Senator Henderson: On indulgence— 

The PRESIDENT: No, Senator Henderson. Resume your seat. Minister, please continue, or have you finished your answer? 

Senator WATT: I actually answered the question in the first five seconds by saying that I’d take those details on notice. But I’m obviously able to then comment on the question more broadly, and that’s what I’ve spent one minute and 55 seconds doing. 

The PRESIDENT: Senator Roberts, a first supplementary question? 

Senator ROBERTS: The judge in this trial was scathing of the ABC journalists involved in the case, saying they became defensive and considered any criticism as merely part of a culture-war attack and this inhibited ‘a proper remedial response to criticism’. The ABC journalists thought they were part of a culture war, and that prevented them from acting impartially and reasonably, leading to a potential multimillion dollar bill to taxpayers. Minister, what consequences will the journalists involved face for eroding people’s trust in the ABC, and why hasn’t their employment already been terminated? 

Senator WATT: Senator Roberts, I’m pleased to inform you that Australia now has a government that doesn’t have political interference in the ABC and so we have no intention of repeating the sort of intervention that we’ve seen— 

Opposition senators interjecting— 

Senator Canavan: Where’s the accountability? 

The PRESIDENT: Order! 

Senator WATT: from some of the people who are yelling across the chamber now in matters involving the ABC. These are matters that are the responsibility of ABC management, and we respect their independence. I understand, Senator Roberts, that the Federal Court has obviously handed down its decision in these defamation proceedings. There do remain several settlement matters before the court, so I probably shouldn’t be commenting any further on what might happen there. And, as I’ve said, the ABC is responsible for managing its legal matters, including defamation claims and litigation, just as any media proprietor, whether it be publicly funded or privately owned, is responsible for managing its legal matters, including when it’s sued for defamation. We believe that the ABC is a trusted source of news, information and entertainment for all Australians and we support it. 

The PRESIDENT: Senator Roberts, a second supplementary question? 

Senator ROBERTS: Minister, Heston Russell was a victim of disinformation published by the ABC in an ordeal that he has called the ‘hardest battle he has ever fought’. Can you please confirm that Minister Rowland’s misinformation and disinformation bill would not cover the ABC and won’t protect people like Heston Russell from government disinformation? 

Senator WATT: Senator Roberts, I’m very pleased that you’ve taken an interest in matters involving misinformation and disinformation. I welcome your sudden interest in misinformation and disinformation, and I hope that that’s something that you will retain an interest in when it comes to election campaigns that you’re involved in, Senator Roberts. I really do hope that you do that. We’d like to hear more about that. 

Senator Canavan: Mediscare was a great example! 

Senator WATT: And, Senator Canavan—he’s a big fan of misinformation and disinformation as well, so I look forward to Senator Canavan supporting us in tackling misinformation and disinformation. 

Senator Rennick: Where’s this greenhouse that you keep talking about? Talk about disinformation— 

Senator WATT: Oh, and Senator Rennick. We’ve got everyone! We’ve got all of the kings of misinformation and disinformation up commenting today! 

Senator Rennick interjecting— 

Senator WATT: Hello, Gerard; how are you? Of course, the government does have legislation before the parliament to deal with misinformation and disinformation. We think that it is an important issue in today’s media environment, particularly in the social media environment that we’re operating under, and we think that it’s an important piece of legislation to deal with. 

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Return of Cheng Lei is NOT a Labor Government Achievement

The return of Cheng Lei is good news and I can only imagine how relieved her family must be. My intention here was not to discuss Cheng Lei’s release but to highlight the misinformation from Labor around this story, and how this relates to the ACMA Combatting Misinformation and Disinformation Bill the government is aiming to implement.

Penny Wong, as Foreign Affairs Minister, last week took credit for the release of Australian journalist, Cheng Lei. That may be misinformation. According to a Chinese government post, Cheng Lei was released after serving her sentence in China for publishing information under an embargo. In other words, she completed her sentence and was sent home.

Prime Minister Anthony Albanese said it himself: Cheng’s return was not part of a deal struck with Beijing and her release followed the completion of China’s judicial process. It couldn’t be more clear.

Yet the Labor government is passing off Cheng Lei’s release as a Labor government achievement with Penny Wong taking credit herself. The PM even advised his caucus in the aftermath of his failed $450 million Voice referendum to “focus on achievements” and placed the release of Cheng Lei at the top of the list.

Why did I feel this was important to point out in the senate and on the record? It’s an example of misinformation from a government that is about to censor everyone except itself and the accredited media. To a bureaucracy with a censorship hammer, every bit of unapproved information looks like a nail.

I think most of us agree after the past few years that if we are to combat misinformation and disinformation then the government and its media mouthpiece would be the best place to start.

Transcript

Senator ROBERTS: My question is to the Minister for Foreign Affairs, Senator Wong. It’s based on a constituent’s inquiry. Australian journalist Cheng Lei was convicted in China of illegally providing state secrets to overseas parties and imprisoned. Cheng Lei was recently released and arrived back in Australia last week. Minister, can you inform the Senate what role you had personally, your department had and the Prime Minister had in the release of Cheng Lei? 

Senator WONG (Minister for Foreign Affairs and Leader of the Government in the Senate): I thank the senator for his question. Obviously, as you would expect, this is an issue on which there has been a lot of discussion at various levels with the Chinese authorities, urging the return of Ms Cheng and urging her to be able to return to Australia. I can indicate to you—and obviously some of this is at officer level—that, as I said publicly at the time, this was my first engagement with the then foreign minister Wang Yi, when I first met him at the first bilateral discussion in Bali. It is the practice of Australian governments to ensure that we raise consular cases with other countries, China included, at all appropriate meetings. 

I can indicate to the senator that Ms Cheng Lei was the subject of representations from me, the Prime Minister and officers, just as with other consular cases such as Dr Yang’s and with those obviously facing criminal charges. We made those representations at the Prime Minister level, at the foreign minister level and at officer level, and we will continue to do so. I would acknowledge also that this has been the practice under successive governments. I spoke to former senator Payne after I had met Ms Cheng Lei at the airport to let her know before the news became public. I acknowledge that she also raised this with the Chinese authorities— (Time expired) 

The President: Senator Roberts, first supplementary?

Senator ROBERTS: The Chinese ministry of state has posted on Weibo that Cheng Lei had been sentenced to two years and 11 months in prison and had been deported after completing her sentence. Minister, your words on Cheng Lei’s arrival at the airport, as quoted in the Guardian, made it clear that the government was taking credit for her release. They quoted you as saying: I made them a promise some time ago we would do everything, I would do everything I could, to bring her home …Minister, who is telling the truth—you or the Chinese government?

Senator WONG: Senator, you and I have differences of opinion, but I regret that you would use something I said about what I said to her children in that way.

An opposition senator: Seriously?

Senator WONG: No—not ‘seriously’. It was an expression of hope, emotion and a degree of humanity, because, like all Australians, I wanted to see a mother return to her children. That was also what I said publicly. The Chinese legal system has been completed. We have seen what they have said—that is, the articulation of the Chinese legal position. What I can say is that we made a priority to make representations— (Time expired)

The President: Senator Roberts, second supplementary?

Senator ROBERTS: Minister, is this a case that proves the Albanese government’s misinformation and disinformation bill should not exclude ‘government misinformation and disinformation’ and
instead should include ‘government misinformation and disinformation’?

The President: Senator Roberts, I’m not sure how it relates, but I’m sure the minister will respond as she sees fit.

Senator WONG: Senator Roberts, there is no misinformation on our side. There is no disinformation on our side. What we have said—and if you had actually tracked every engagement I have had with the Chinese authorities, what I have said afterwards when I have articulated, at least in summary version, what I said to the Chinese authorities and what the Prime Minister said to his counterparts—you would know that we have made these representations. All I can say is this: this is not a partisan issue, and this is not a political issue. This is an issue about an Australian who is now home with her children. Behind her were many Australians across this country and across the political divide who made the same representations to Chinese authorities at all levels that Australians wanted to see a mother united with her children. I think that is a good thing. It was a great privilege to have the opportunity— (Time expired)

Transcript 

Senator ROBERTS: I move: 

That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice asked by Senator Roberts today relating to the reporting of the release of Chinese Australian citizen Cheng Lei. 

The Chinese government announced that Cheng Lei’s release was simply a matter of her completing a sentence of two years and 11 months. In her explanation though the minister claimed an emotional high ground that is not supported by events at the airport. Minister Wong was most welcome to make remarks to Cheng Lei’s children in private, and she did so. The minister then restated and expanded her remarks to the press, which were widely reported. Further, at that press conference the minister stated that the release of Cheng Lei was a result of Senator Wong’s perseverance, which the minister did not restate in her answer to me. Did her representations have any effect on the Chinese government? Not according to the Chinese government. Who is right? We may never know. 

One Nation is concerned about the Albanese government’s misinformation and disinformation bill as applied to this situation. As drafted, the government and mainstream media are exempt from the bill. The Guardian‘s slobbering all over Minister Wong and the Albanese government over Cheng Lei would be exempt from this bill. The government can say whatever it likes and the mouthpiece media can repeat and even embellish those claims and that would be legal. Bloggers and social media companies who question the narrative though would be guilty of misinformation and fined or shut down. Weibo, which announced the Chinese government’s side of the story, has an office in Sydney and would be regulated under that bill. There’s no provision in the bill for truth as a defence. There’s no definition of what is misinformation. If this bill is passed, democracy itself will be at risk from an unending one-sided glorification of the ruling party. Last weekend, Australians rejected this sort of propaganda in the referendum campaign. The government proceeds with a misinformation and disinformation bill at its peril, because the people will see through it, just like they saw through the lies in the ‘yes’ case. This is about censorship. 

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