In September 2024 the Australian government introduced into Parliament the Combatting Misinformation and Disinformation Bill. It adapts some of the hallmark features of co-regulation used in the Australian communications sector: a code of practice developed by industry and enforced by the regulator, with enhanced regulatory powers in the case of code failure. But this Bill comes over a year after an exposure draft prompted fierce backlash from diverse stakeholder groups, with a marked lack of enthusiasm for the co-regulatory approach. At the same time, a review of Australia’s Online Safety Act is considering a revised approach to online safety using the kind of higher level obligations or duties found in more recent legislation in the European Union and the United Kingdom. The government is also facing challenges from leading platform services to the online safety regulator’s authority and to the competition regulator’s News Media Bargaining Code.

In this presentation, Derek Wilding will examine and evaluate the separate approaches adopted in Australia when regulating misinformation and online safety, noting some key differences to that of the EU. The work is part of a larger project examining the relevance and evolution of co-regulation in this sector and the circumstances in which it might best be deployed.

Professor Derek Wilding is Co-Director of the Centre for Media Transition, based in the Faculty of Law at the University of Technology Sydney. He is a Chief Investigator on a three-year research project funded by the Australian Research Council examining the Future of Co-Regulation in the Digital Platform Era. He is a Chief Investigator on another ARC project, Valuing News, led by Professor Terry Flew from University of Sydney, and is the UTS lead on the ARC-funded International Digital Policy Observatory. In 2023 he co-edited with Associate Professor Tim Dwyer Media Pluralism and Online News: The Consequences of Automated Curation for Society, published by Intellect. Before joining UTS he spent 10 years in regulatory practice, including as Executive Director of the Australian Press Council and as manager of media ownership and control at the Australian Communications and Media Authority.

This event is part of a new series, the Malafrasca Digital Talks. These are lunchtime presentations organised by the Centre for a Digital Society and The Centre for media Pluralism and Media freedom. In these sessions, renowned experts share their knowledge on core issues related to the centre’s main research areas, fostering dynamic discussions that encourage questions, debate, and knowledge sharing.