Misinformation and Disinformation Prohibition Act 2007
| Misinformation and Disinformation Prohibition Act 2023 | |
|---|---|
 | |
| Federal Parliament of the Novella Islands | |
| |
| Enacted by | Federal Parliament of the Novella Islands |
| Enacted | 7 November 2007 |
| Signed by | Dr. Charles Boothby, Director of the Office of Legislative Affairs |
| Signed | 7 November 2007 |
| Commenced | 8 November 2007 |
| Summary | |
| To establish measures that encourage the dissemination of accurate information, protect public discourse from falsehoods and deceit, and combat the spread of misinformation and disinformation. | |
| Status: In force | |
Text of the act
Division 1. Preambulatory Materials
- 1. The full title shall be the Promoting Truth in Information Publications, Safeguarding Accurate Public Discourse, and Combatting Misinformation and Disinformation Act 2007.
- 2. The short title shall be the Misinformation and Disinformation Prohibition Act 2007.
- 3. The purpose of the act shall be to promote the dissemination of truthful and accurate information in public discourse, safeguard the integrity of the information published by mass media, combat the spread of misinformation and disinformation in society, while respecting certain protected forms of speech.
- 4. The act shall enter into force one day after its passing.
Division 2. Definitions
- 1. For the purpose of this act, the following definitions apply:
- a. "Disinformation" refers to false, inaccurate, or misleading information that is spread with the intent to deceive or manipulate.
- b. "Genuinely disruptive, peer-reviewed scientific publications" refers to scientific research papers, or commentary thereupon, that undergo rigorous peer review and challenge existing scientific paradigms or theories.
- c. "Information publication" includes but is not limited to newspapers, magazines, websites, social media platforms, television broadcasts, radio shows, and any other form of mass media that disseminates information to the public.
- d. "Misinformation" refers to false, inaccurate, or misleading information that is spread without intent to deceive or manipulate, including due to factors such as incomplete knowledge, genuine errors, misinterpretation of facts, or inadequate verification.
- e. "Politically-protected speech" refers to expressions of genuine political opinion or commentary (including criticism of public figures) that are protected under the principles of freedom of expression, as found in the Constitution of the Social Republic of the Novella Islands, other legislation, or as may reasonably be understood by a reasonable individual.
- f. "Satire or parody" refers to humorous or exaggerated content that uses irony, sarcasm, or ridicule to comment on or critique societal issues or individuals.
- g. "Truth" refers to information that is factually accurate and can be substantiated by evidence.
Division 3. Prohibition on Publication of Misinformation and Disinformation
- 1. It shall be unlawful for any person or entity engaged in an information publication to knowingly publish or disseminate misinformation or disinformation that may cause substantial harm to individuals or society, except in cases protected by specific defences stated in this act.
- 2. The Office of the Attorney-General shall establish guidelines for determining the harm caused by misinformation or disinformation, taking into consideration factors such as the potential impact on public health, national security, democratic processes, and social cohesion.
- 3. Any person or entity found to be in violation of the above provisions shall be subject to penalties as outlined in Division XXX of this act, unless they can prove the application of specific defences as outlined in this act.
Division 4. Establishment of the Truth and Accuracy Oversight Commission
- 1. The Truth and Accuracy Oversight Commission shall be established as an independent body responsible for monitoring and regulating the dissemination of information to ensure truthfulness and accuracy, while considering the specific defences stated in this act.
- 2. The Truth and Accuracy Oversight Commission shall consist of qualified individuals appointed jointly by the Attorney-General and the Minister for Culture, with a preference towards individuals with expertise in journalism, media law, ethics, and information verification.
- 3. The responsibilities of the Truth and Accuracy Oversight Commission shall include:
- a. Reviewing and investigating complaints regarding the publication of misinformation or disinformation.
- b. Conducting regular audits of information publications to assess their compliance with truthfulness and accuracy standards.
- c. Issuing content warnings or corrections for publications found to have disseminated misinformation or disinformation.
- d. Collaborating with information publishers to develop guidelines and best practices for promoting truthful and accurate information.
- e. Educating the public on identifying and evaluating reliable sources of information, including understanding satire, parody, scientifically disruptive publications, and politically-protected speech.
- 4. The Truth and Accuracy Oversight Commission shall have the power to impose sanctions on information publications found to be in violation of truthfulness and accuracy standards without valid defences, including any combination of the following:
- a. Mandatory retractions.
- b. Mandatory corrections.
- c. Temporary suspensions of licenses.
- d. Permanent revocation of licenses.
- e. Referral to the Office of Public Prosecutions.
- f. Censure.
- 5. The decisions and actions of the Truth and Accuracy Oversight Commission shall be accountable and subject to appeal to the Offices of the Attorney-General and Minister for Culture.