Misinformation and Disinformation Prohibition Act 2007

Misinformation and Disinformation Prohibition Act 2007
Federal Parliament of the Novella Islands
Long title Promoting Truth in Information Publications, Safeguarding Accurate Public Discourse, and Combatting Misinformation and Disinformation Act 2007
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. "Effective self-regulatory mechanism" refers to proactive measures taken by an information publication to prevent, detect, and address the dissemination of misinformation or disinformation.

c. "Experimental or preliminary finding" refers to research or studies that are in the early stages of investigation, including initial data or results, hypotheses, or theories, which have not yet undergone thorough peer review, replication, or validation.

d. "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.

e. "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.

f. "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.

g. "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 an ordinary individual.

h. "Satire or parody" refers to humorous or exaggerated content that uses irony, sarcasm, or ridicule to comment on or critique societal issues or individuals.

i. "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 individual or entity engaged in an information publication to knowingly or through negligence publish or disseminate misinformation or disinformation that may cause substantial harm to individuals or society, except in cases protected by specific defences outlined in Division 5 of 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 individual or entity found to be in violation of the above provisions shall be subject to penalties as outlined in Division 6 of this act, unless they can prove the application of specific defences as outlined in Division 5 of 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 as outlined in Division 5 of 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. Censuring.

e. Censorship.

f. Referral to the Office of Public Prosecutions.

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 the Minister for Culture.

6. For the purposes of administration, the Truth and Accuracy Oversight Commission shall be operated under the auspices of the Office of the Minister for Culture.

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.

Division 6. Penalties

1. Any individual or entity found in violation of Division 3 of this act without a valid defences as outlined in Division 5 of this act shall be guilty of the an offence.

2. The offence shall be producing, publishing, promoting, or disseminating misinformation or disinformation.

3. Any individual who is guilty of the above shall be subject to penalties as determined by the relevant competent court, including:

a. Mandatory retractions.

b. Mandatory corrections.

c. Remedial education, with similar objectives as outlined in Division 7.

d. Administrative fines not exceeding ten times the weekly national median wage, or the individual's regular wage, whichever is higher.

e. Temporary suspensions of licenses.

f. Permanent revocation of licenses.

g. Censuring.

h. Censorship.

i. Corvée, for a period of no longer than two years.

j. Custodial sentences, for a period of no longer than three years, and only for those individuals who have demonstrated a pattern of recidivism.

4. These penalties shall be handed down with respect to the severity of the offence committed, and with an aim to rehabilitating the offending individual or entity.

Division 7. Public Education and Awareness

1. The Office of the Minister for Culture shall allocate resources for public education and awareness campaigns to promote media literacy, critical thinking, and responsible consumption of information.

2. Educational institutions, in collaboration with relevant government agencies, shall incorporate media literacy and digital citizenship into their curricula at all levels of education.

3. The government shall establish programs to support fact-checking organisations, independent research institutions, and initiatives aimed at debunking misinformation and disinformation.

4. Information publications shall be required to prominently display information indicating their commitment to truthfulness, accuracy, and ethical standards.

Division 8. Protection of Freedom of Expression

1. Nothing in this act shall be construed as limiting or infringing upon the rights to freedom of expression and freedom of the press, as outlined by the Constitution of the Social Republic of the Novella Islands, other legislation, or as may reasonably be understood by an ordinary individual.

2. The provisions of this act shall be interpreted and applied in a manner that upholds and protects the principles of freedom of expression, including the responsibility of the media to provide diverse and independent viewpoints.

3. Any complaints or disputes related to the application of this act that serve to infringe upon the right to freedom of expression shall be resolved through the appropriate legal mechanisms established by law.

Division 9. Reporting and Evaluation

1. The Attorney-General and Minister for Culture shall submit an annual report to the Parliament of the Novella Islands detailing the implementation and impact of this act.

2. The report shall include, but will not be limited to, information on the number and nature of complaints received, actions taken by the Truth and Accuracy Oversight Commission, outcomes of appeals, and the effectiveness of public education and awareness campaigns as established by this act.

3. The report shall also provide recommendations for any amendments or improvements to this act based on the findings and evaluations conducted throughout the year.