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Misinformation and Disinformation Prohibition Act 2007
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===Division 5. Specific Defences=== :1. Satire or parody: ::a. Satire or parody shall not be considered misinformation or disinformation under this act if it is intended to entertain, comment on, or critique societal issues or individuals, and if a reasonable individual would not mistake it for factual information. ::b. Such content shall not incite violence or otherwise cause substantial harm. :2. Truth: ::a. Truthful information shall not be considered misinformation or disinformation under this act. ::b. In order for information to be considered truthful, it must be factually accurate and verifiable by evidence. ::c. The burden of proof for truth lies with the defendant, who must be able to provide sufficient evidence to support the factual accuracy of the information. :3. Genuinely disruptive, peer-reviewed scientific publications: ::a. Genuinely disruptive, peer-reviewed scientific publications shall not be considered misinformation or disinformation under this act if they meet the standards of independent scientific review and contribute to advancing knowledge in the respective field, even if they challenge established scientific norms. ::b. These publications must undergo rigorous peer review by qualified experts in the relevant field and adhere to recognised scientific standards and methodologies. :4. Experimental or preliminary findings: ::a. Information or statements based on experimental or preliminary findings, clearly identified as such, shall not be considered misinformation or disinformation under this act, as long as they are not presented as conclusive or widely accepted. ::b. It is the responsibility of the information publication to ensure that the status of the information as preliminary or experimental is clearly communicated to the audience, as may be reasonably interpreted by an ordinary individual, not necessarily educated in the specific field of research. :5. Politically-protected speech: ::a. Expressions of political opinion or commentary (including criticism of public figures) shall be protected under the principles of freedom of expression and shall not be considered misinformation or disinformation under this act. ::b. However, if such expressions of political opinion or commentary contain false or inaccurate factual assertions that may cause substantial harm to individuals or society, they shall be subject to penalties under this act. ::c. The determination of whether a factual assertion in political speech may cause substantial harm shall be based on the potential impact on public health, national security, democratic processes, and social cohesion. :6. Prompt self-regulation: ::a. If an information publication adopts effective self-regulatory mechanisms, such as internal fact-checking procedures or editorial oversight, and promptly takes corrective measures upon identifying instances of misinformation or disinformation, they shall be afforded a defence under this act. ::b. This defence does not absolve the information publication from their responsibility to exercise due diligence and maintain sufficient editorial standards to prevent the dissemination of misinformation or disinformation in the first instance. :7. None of these defences preclude civil liability or prosecution under the provisions of other acts.
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