BRISBANE, 1st July 2023 – The Pirate Party Australia today voiced its concern over the newly proposed legislation which aims to combat misinformation online by imposing fines on tech platforms.
“Our view is that the best disinfectant for misinformation is sunlight,” said Pirate Party Australia President, Miles Whiticker. “Instead of burying misinformation, it needs to be brought to public scrutiny and systematically addressed. This way, the Australian public can make informed decisions based on open dialogue.”

The proposed bill, empowering the Australian Communications and Media Authority (ACMA) to impose penalties on tech companies for failing to combat misinformation, raises several concerns for the Pirate Party.
“We acknowledge the harm that can result from the spread of false information,” stated Whiticker. “But it is paramount that any measures taken don’t result in an unnecessary clampdown on the free expression of ideas or force misinformation further into the depths of the internet, creating echo chambers that are much harder to dispel.” The Pirate Party Australia also underscores the importance of moderation being a voluntary act. “Consumers should be able to choose communities that match their desired level of regulation,” Whiticker stated. “Many communities lack trust in public figures due to perceived bias against their interests.”

The party also cautions against the potential for government overreach in the new laws. “While we do not favour more regulation in general, we recognise that legal recourse may be necessary when misinformation leads to harmful consequences. It is important that such processes should be handled by the independent judicial system, thereby ensuring impartiality and preventing political misuse,” Whiticker added.

The Pirate Party encourages the government to focus on spreading correct and trustworthy information, with a strong emphasis on education to foster a more discerning and critically thinking population. “The ultimate power lies in an informed public,” Whiticker concluded.

The Pirate Party Australia invites its members and the public to engage in this important debate and provide feedback on the proposed bill before its public consultation stage concludes in August.

Pirate Party Australia is a political party committed to defending digital rights, privacy, and internet freedom. The Party is deeply concerned about the government’s push for mandatory online age verification and advocates for a more balanced and privacy-respecting approach. Miles Whiticker, President of Pirate Party Australia, asserts “While we recognise the need to safeguard children in the digital realm, we must not compromise the privacy and autonomy of all users in pursuit of this goal.”

The implementation of a digital identity scheme for age verification raises serious concerns regarding data privacy and security, as it could expose users to identity theft, privacy breaches, and unauthorised surveillance. Additionally, this approach may disproportionately affect marginalised communities, who are more vulnerable to the repercussions of such privacy intrusions. Mr Whiticker’s passionate stance underlines the urgent need for a more balanced and privacy-conscious solution to protect children online, without sacrificing the rights and freedoms of internet users.

Pirate Party Australia advocates for a comprehensive strategy that encompasses the reform of classification and classification review boards, the introduction of a co-regulatory classification model, and generalising this model to cover online safety. As we move toward a future where the distinctions between various media become increasingly blurred, it is essential to establish a versatile classification system capable of managing all types of media.

The proposed co-regulatory classification model calls for the industry to take responsibility for classifying their own content while working in conjunction with the government to establish classification ratings. This approach, inspired by the European PEGI model and the American ESRB model of voluntary classification for media, would be expanded to include websites. Websites would opt in to display clear visual labels and incorporate metadata tags for easy identification. This would enable parents to effortlessly block access to websites that have not opted in, or not been labelled at the desired classification, at the device level, offering a flexible and efficient solution for safeguarding children from age-inappropriate content.

It is important to consider that this approach is likely to inadvertently block websites that are appropriate for children but have not opted into the system as we saw with the Kevin Rudd’s 2009 attempt at a “Great Australian Firewall”. While these websites can be individually whitelisted by parents, we would encourage the government to coordinate with international partners to ensure that this system can be widely adopted globally. The Party believes that this universal approach will effectively safeguard children online while upholding the privacy and autonomy of all internet users.

In addition, the Party encourages open communication between parents and children, as well as digital literacy programs and online safety education to support a secure online environment for children.

With fresh moves afoot to remove the words insult and offend from section 18C of the Racial Discrimination Act[1], the Pirate Party calls upon Parliament to get serious about supporting free speech.

“Pirate Party Australia is well aware of the risks around state censorship of opinions,” said Simon Frew, President of Pirate Party Australia. “We fought the Internet censorship laws of the Rudd Government and we opposed the Gillard Government’s attempt to extend section 18C in ways that would have banned causing offence on the grounds of religion and political opinion.”

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The Pirate Party is bewildered that Hotline Miami 2 is being refused classification and is therefore effectively banned from the Australian retail market[1]. While the Pirate Party does not endorse sexual violence, it is critical of the double standard by which video games are treated as inherently different to other mediums. It is unacceptable and unnecessarily paternalistic to deny adults access to content that would be permitted in other mediums.

With the introduction of an adult rating (R18+) for video games at the beginning of 2013 the community expected a sensible approach to the classification of games. Previously the highest classification level available for games was MA15+, and, due to the adult nature of some games, those that exceeded the MA15+ guidelines were banned from sale in Australia. Unfortunately games continue to be judged by a stricter standard and a number of games have been refused classification since then. Today we see yet another example with the banning of Hotline Miami 2.

“The Australian Classifications Board has a long history of banning films, video games and generally treating Australian adults as children,” commented Simon Frew, Deputy President of the Pirate Party. “There have been a number of films that have been banned over the last decade or so, but video games seem to attract undue attention from the censors. Games like Hotline Miami 2 are designed specifically for adults and adults should be allowed to choose the content they consume.”

The new classification scheme for video games was firmly seated in an acceptance of the fact that gaming now crosses all demographic borders and there are far more mature adults playing than there are impressionable children[2]. The new scheme fails to adequately accommodate the wide range of content available for the varying consumer tastes driving industry demand, and instead places a blanket ban on the legal sale within Australia of major international game titles.

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Pirate Party Australia welcomes several of the recommendations put by the Australian Law Reform Commission in regard to reforming the current classification system.

The ALRC’s final report includes several recommendations that are in line with the Pirate Party’s policies, proving that the Party’s policies are not as extremist as often made out to be. In one instance, Telstra agreed with the Pirate Party on the issue of voluntary industry classifications.

Other recommendations that the Pirate Party are pleased with are the recommendations that all commercial computer games that are likely to be MA15+ or higher must be classified. The report also recommends that all media must be classified according to a platform neutral system that would end discrepancy between various mediums whilst not extending to various non-commercial and user generated content media, as well as the suggestion that the ‘Refused Classification’ category be replaced with the more appropriate ‘Prohibited’ category.

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