Balancing internet accountability, user protection, and freedom of speech: the Australian debate over regulation of misinformation

The spread of harmful online content, ranging from scams and manipulation to misinformation and disinformation, has intensified calls for regulatory intervention to protect vulnerable individuals and safeguard democratic integrity. Yet such efforts raise equally pressing concerns about state overreach, politicized censorship, and the erosion of free expression. This chapter critically examines Australia’s recent attempt to legislate against misinformation through the now-lapsed Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023. Drawing on this bill, along with the Online Safety Act 2021 and the evolving role of the eSafety Commissioner, the chapter explores the legal and policy tensions at the heart of misinformation regulation. Particular focus is placed on definitional challenges surrounding “harm” and “serious harm,” the scope of exemptions for government actors, and the implications of centralized regulatory discretion. Although the bill lapsed, its analysis offers valuable insights into Australia’s regulatory trajectory and broader global debates on online speech governance, issues that continue to draw the attention of governments.