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Is ACMA Biased Towards the Left?

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During recent Senate Estimates I checked with the Australian Communications and Media Authority (ACMA) as to why it did not publicise complaints about the ABC, yet pushed out press releases for similar breaches by the Sky Network.

I also inquired into the Optus outage last year to see whether there is any new information around the failure of emergency 000 calls and whether Starlink (high speed satellite internet) was being considered as a backup in the future.

Transcript

Senator ROBERTS: Thank you for appearing again today. On 26 April 2023, you issued a press release about the Sky News program Outsiders for breaches of industry codes. On 20 March 2023, in relation to the ABC, in response to Senator Henderson, you agreed that the ABC breached the codes during their coverage of a community meeting in Alice Springs. You endorsed the ABC Ombudsman’s finding that there were breaches of the code yet published no press release about that, from what we can see. Why does a conservative news service cop a full press release when you conclude they’ve breached the code but when the ABC breaches a code there’s barely a peep from you publicly? 

Ms O’Loughlin: I might need to refer to my colleagues for the details of that circumstance. 

Senator ROBERTS: Sure. 

Ms O’Loughlin: I would have to say that we put out media releases for pretty much every breach that we look at under the Broadcasting Services Act, be it a national or a commercial broadcaster. I can take it on notice. There are certainly circumstances in the last year where we have put out media releases on the ABC. So it is not our practice to discriminate between types of broadcasters. We like to make transparent our decisions about breaches across the board. I might just see whether or not my colleagues have anything to add. 

Ms Chapman: In the instance of the ABC Alice Springs issue, we didn’t undertake a full formal investigation. We fully considered the matter. We looked at the content. We considered the report by the ombudsman at the time. We didn’t find a formal breach in that instance. That was on the basis that the ABC themselves had found a breach. The ABC themselves conceded that there were issues with the broadcast and that there was considerablemedia attention at the time which highlighted the findings that the ABC made. So we didn’t put out a press release because we didn’t make a formal finding. 

Senator ROBERTS: Thank you. 

Ms O’Loughlin: I will add to that. I just found something in my notes. For example, from the investigation we did on the ABC’s Four Corners program called The Big Lie, we did a media release for that on 21 December 2022 because we had found breach findings in that program. 

Senator ROBERTS: Thank you. I accept your answer from before. I refer to your letter, Ms O’Loughlin, to Senator Henderson on 20 March that is file reference BM11801. You mentioned in the second last paragraph the matter conducted by the ABC about the circumstances attaching to this matter, including any changes to its editorial processes. Did the ABC advise of any changes to its editorial processes? 

Ms O’Loughlin: I don’t have the letter in front of me. 

Senator ROBERTS: I’ll read it. 

Ms Chapman: We did seek a response from the ABC, but I think we need to take on notice whether we received a response. 

Senator ROBERTS: I will read the second last paragraph. However, the ACMA has requested that the ABC keep it informed about the outcome of any further internal investigation conducted by the ABC about the circumstances attaching to this matter (including any changes to its editorial processes) and any additional steps that may be taken by the ABC as a result. 

Ms O’Loughlin: Senator, we will take that on notice for you. I don’t have that in my pack. 

Senator ROBERTS: Thank you. What does it do to the trust of a media company when it has obvious bias? 

Ms O’Loughlin: Senator, I don’t think that’s something on which I can express an opinion. I do think in our experiences broadcasters take very seriously their obligations under the various regulatory codes that they are subjected to, which do come to, in most cases, provisions around bias, impartiality and factual accuracy. 

Senator ROBERTS: It would erode trust if it is done often? 

Ms O’Loughlin: That would probably be a matter for the broadcasters to comment on, Senator. 

Senator ROBERTS: Thank you. I will ask some questions here briefly. If they’ve been covered, just tell me so. I’ve checked with Senator Cadell. He hasn’t covered this one. Could you briefly explain the obligation for carriers to allow network switching for Triple Zero calls and why this didn’t happen during the Optus outage? The second part you’ve already discussed at length, so I’m not interested in that. Could you please explain the obligation? 

Ms O’Loughlin: Certainly, Senator. The obligation is usually referred to as the mobile camp-on provisions. That is a globally standardised arrangement. Where emergency call services can’t be delivered by a particular carrier for a particular reason, those networks allow those calls to camp on to their network for them to be delivered to the emergency call service. That’s what— 

Senator ROBERTS: Free automatic switching? 

Ms O’Loughlin: So it’s an automatic transfer of those particular calls going to emergency call services to camp on to another network. If I have that incorrect, my colleague will let me know. 

Senator ROBERTS: She’s got it. Thank you. Are there any fines applicable for carriers failing to allow switching or failing to make switching work for Triple Zero calls? Would Optus be facing that? 

Ms O’Loughlin: I think part of what we’ll be looking at in our investigation is what was the reason, if in fact that was the reason, some emergency calls didn’t get through. As I mentioned earlier, it’s still not very clear. We’re still in information gathering mode about why that didn’t work. I will ask Mr Fenton to go over some of the potential regulatory responses we may have, if we do, in fact, find any breaches. But it is early days. 

Senator ROBERTS: Thank you. 

Mr Fenton: I will clarify again that these are enforcement options available to the ACMA if it does find breaches of the determination in question—the emergency call determination. The ACMA can issue a formal warning. It can issue a remedial direction to take action to comply. It can accept a court enforceable undertaking. There are infringement penalties available currently set at $18,780 per contravention. It is open to the ACMA to apply to the Federal Court for penalties as well. 

Senator ROBERTS: This is an interesting quirk. Does per contravention mean each phone call?  

Mr Fenton: It would depend on the construct of the particular obligation in question. But it can apply to a specific contravention. Once again, it comes back to the actual structure. 

Senator ROBERTS: Yes. I understand. Thank you. Finally, it strikes me that there is the Starlink service, which covers almost everywhere in Australia. It can access the sky, and that’s pretty much everywhere. Would it be a good back-up for text messages and limited voice conversations and emergency calls to fit into that network? 

Ms O’Loughlin: That’s a really interesting question. I think there’s a lot of interest in Starlink and, indeed, other satellite services, such as low earth orbit satellite services, that may be able to provide direct to handset text or, indeed, calls which are now starting to emerge. There is the potential for that to really benefit particularly people in regional or remote areas or areas of Australia that have trouble getting signals. I think the department is commencing to look at that in more depth to see what that potential is. There has been quite a lot of strong interest internationally as well, as you can imagine, from particularly countries who have the same sort of issues we have in trying to get signals into various areas. The United States recently, from my reading, had come to the conclusion that technology was just not quite mature enough at the moment to be a backstop for emergency calls but could be in the future. I think the department is going to be looking at whether that is a potential in the future. We think that’s a really exciting development in the satellite space. 

Senator ROBERTS: Thank you. I must say that I appreciate the direct answers. 

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Home Affairs Collaborated with Social Media During COVID

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In the May/June Estimates, I asked questions about former MP Craig Kelly being booted off Facebook (META) for posting alleged misinformation about COVID, which turned out to be accurate. Initially, Home Affairs denied involvement in censoring parliamentarians, however it transpired they were involved. These questions are following up to those asked in the previous Senate Estimates, where we have confirmation that Home Affairs censored a sitting Parliamentarian.

An international advertising agency was employed to identify posts that were contrary to the government’s narrative on COVID. Over $1,000,000 of taxpayers’ money was paid to M&C Saatchi to act as the thought police against the Australian people.

These referrals enabled social media companies to make what Home Affairs calls ‘their own determinations’ about flagged posts and accounts should they go against the platform’s own guidelines.

This is significant. Home Affairs claims it’s not in the business of censorship, but what else would you call such an arrangement? If the Labor government legislates its bill to combat misinformation and disinformation, we will see even more of this dystopian censorship.

Judging by the strained and carefully worded answers in this video, Home Affairs would like us to believe it had no influence on the censorship of Australians online during the COVID response. We’re not so naïve to believe their collaboration with social media companies such as META, which resulted in de-platforming an elected member of parliament, was anything other than authoritarian overreach.

Transcript

Senator ROBERTS: Thank you all for being here today. At the last Senate estimates, I was given many assurances by the witnesses from the Department of Home Affairs that no parliamentarians would have been
referred for censorship under your COVID-19 program. We now know that that was false. The Department of Home Affairs did refer the post of a sitting parliamentarian to the social media companies for censorship, and we’re meant to believe that the senior witnesses at this table knew nothing about it. Either the Senate was misled or the witnesses at this table do not actually know what’s going on in your department, as they refer parliamentarians for censorship. Is your department out of control?

Ms Foster: Our department is happy to respond to your question. Mr Smyth can take you through the detail.

Mr Smyth: I think, as referenced in previous hearings, the department is not in the business of censoring. We referred posts to social media platforms to take action at their discretion as to whether or not they felt that
particular posts breached their service standards. I know that, from the previous hearings in relation to whether or not there were posts that were from particular members of parliament, the secretary at the time said that he would be surprised. You are quite correct that there were referrals for a particular member of parliament that were made. They shouldn’t have been made, and the department has looked at its processes. But we do not now engage in any of the same activity. That activity ceased in late May of this year.

Senator ROBERTS: So you’re enabling censorship and you were serving the social media giants—Meta, in particular—with the provision of their own services.

Mr Smyth: As I previously said—

Senator ROBERTS: Is that correct?

Ms Foster: No, that’s not correct, Senator.

Mr Smyth: we are not in the business of censoring.

Senator ROBERTS: But you enable censorship.

Ms Foster: No, we provide referrals to social media companies in order that they can decide whether or not the activity meets their own service standards.

Senator ROBERTS: So you’re providing a service to Meta. Do you charge them an invoice?

Mr Smyth: No. The issues that were at play at the time related to public health and safety. We operated on advice and criteria that were provided to the department from the Department of Health. That was then assessed through a service provider that we had— M&C Saatchi. The department then reviewed the references from M&C Saatchi as to whether or not they were likely to have been in breach of the service standards of particular platforms. The platforms were then informed of that, and they made their own decisions.

Senator ROBERTS: Isn’t Meta big enough to look after itself? Can’t it do its job? Are you helping them?

CHAIR: Senator Roberts, I want to draw you back to the question—as being relevant to outcome 1.

Senator ROBERTS: They referred it, it seems to me, Chair—

CHAIR: Yes, absolutely.

Senator ROBERTS: with the intent of taking it down.

CHAIR: The relationship is obviously relevant. Direct questions about Meta might be better directed to them and is outside of outcome 1’s relevance.

Senator ROBERTS: You referred it with the intent of it being taken down, Mr Smyth.

Mr Smyth: No, we referred it with an intent as to whether or not the platform could determine whether it breached their own service standards.

Senator ROBERTS: Are you in the business of helping large global multinationals conduct their own affairs? Surely—

Mr Smyth: We’re in the business of looking after public health and safety, and it was in the middle of a global pandemic where a lot of people were dying.

Senator ROBERTS: Have you received legal advice on whether your department has breached the implied freedom of political expression with this program?

Mr Smyth: No.

Senator ROBERTS: Why not? This is pretty significant.

Mr Smyth: Because the posts that were referred to were a decision of the platforms themselves as to whether or not they would take any action.

Senator ROBERTS: The department has paid more than a million dollars to M&C Saatchi for their part in this COVID-19 censorship referral program. Did M&C Saatchi determine what was misinformation or did the department? Did M&C Saatchi or the department determine whether or not it complied with Meta’s guidelines?

Mr Smyth: The funds that were paid to M&C Saatchi from March 2020 to July of last year were $256,000 in relation to the COVID information. There was a previous contract that was already in place that was around $500,000-plus.

Senator ROBERTS: I have a question on notice—BE23-193—about M&C Saatchi payments. This is your response:

  • Of these payments, World Services Australia (trading as M&C Saatchi) has been paid a total of $1,000,911 (GST inclusive) from 1 July 2019 to 31 May 2023 for their work to produce analytical reporting on COVID-19 malign information in the Australian social media environment.

I jump in there to say that some of what is known as ‘malign’ is now vindicated.

This can be broken down into the following payments by financial year:

  • 2020-21: $757,470 – that’s three-quarters of a million.
  • 2021-22: $127,908
  • 2022-23: $115,533

That’s a lot of money going to an international advertising firm.

Ms Foster: You’ve asked us to take that on notice. We will be happy to do so.

Senator ROBERTS: This was your reply.

When people said they thought the government was censoring posts around COVID, that wasn’t a conspiracy theory; it was actually true. You were helping Meta to censor posts that have now proven to be correct.

Ms Foster: I think the officer has provided this evidence a couple of times already. We were referring posts to social media companies for their own decision.

Senator ROBERTS: In accordance with their guidelines—helping them out? Right. Minister, the pending misinformation/disinformation bill legitimises suppression and censorship with no definition of truth. It relies on ministers’ rules. I want to read a quote from Mr Pezzullo—

Senator Watt: I don’t think I would agree with your characterisation.

Senator ROBERTS: There’s no definition of ‘truth’ in your pending bill.

Senator Watt: The entire statement you made—I wouldn’t agree with your characterisation of this bill. I think it’s a bill designed to deal with an increasingly important issue in society, which is the use of social media platforms to spread misinformation and disinformation. That’s what I would say this bill is about.

Senator ROBERTS: But the government is exempt. The mouthpiece media, the mainstream media, is exempt. Social media is not and individual citizens are not. How can that be fair? I will read from Mr Pezzullo in the last estimates:

If we’ve inadvertently—and it would be inadvertent—made a referral of a sitting member or a senator, then I would find that regrettable because, in a sense, you’re held to account by your peers and by your electors; it’s not my job to hold you to account.

Since when has it become the government’s job to hold senators to account on what they say?

Senator Watt: Mr Smyth has already acknowledged—I can’t remember the exact words he used, but it was to the effect that it was regrettable that this had occurred on one occasion. The department looked into that issue after it was raised at the last estimates. Mr Pezzullo said that it would be regrettable if it had occurred, and Mr Smyth has already addressed that this morning.

Senator ROBERTS: Let me make it clear. I’m not talking about the department anymore. I’m talking about Labor’s pending misinformation/disinformation bill.

CHAIR: If that’s what you’re doing, that’s not relevant to outcome 1. I’ve given you—

Senator ROBERTS: I’m using—

CHAIR: No. Senator Roberts, I’ve given you two direction about asking relevant questions in this section. If you don’t have relevant questions then we do need to share the call.

Senator Watt: Chair, I make the point that not only are Senator Roberts’s questions not relevant to this outcome; they’re not relevant to this committee, because this bill that he is referring to is actually being led by the Minister for Communications. Perhaps Senator Roberts could take up those questions at that estimates hearing.

Senator ROBERTS: He will do.

Senator Watt: That is on now—today.

CHAIR: It is happening today and tomorrow, so you do have an opportunity to ask those questions to the appropriate officials.

Senator ROBERTS: Thank you, Senator Watt. Thank you, Chair.

Senator Watt: Here to help, you know what I mean!

Senator ROBERTS: I’m sure you are!

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Return of Cheng Lei is NOT a Labor Government Achievement

The return of Cheng Lei is good news and I can only imagine how relieved her family must be. My intention here was not to discuss Cheng Lei’s release but to highlight the misinformation from Labor around this story, and how this relates to the ACMA Combatting Misinformation and Disinformation Bill the government is aiming to implement.

Penny Wong, as Foreign Affairs Minister, last week took credit for the release of Australian journalist, Cheng Lei. That may be misinformation. According to a Chinese government post, Cheng Lei was released after serving her sentence in China for publishing information under an embargo. In other words, she completed her sentence and was sent home.

Prime Minister Anthony Albanese said it himself: Cheng’s return was not part of a deal struck with Beijing and her release followed the completion of China’s judicial process. It couldn’t be more clear.

Yet the Labor government is passing off Cheng Lei’s release as a Labor government achievement with Penny Wong taking credit herself. The PM even advised his caucus in the aftermath of his failed $450 million Voice referendum to “focus on achievements” and placed the release of Cheng Lei at the top of the list.

Why did I feel this was important to point out in the senate and on the record? It’s an example of misinformation from a government that is about to censor everyone except itself and the accredited media. To a bureaucracy with a censorship hammer, every bit of unapproved information looks like a nail.

I think most of us agree after the past few years that if we are to combat misinformation and disinformation then the government and its media mouthpiece would be the best place to start.

Transcript

Senator ROBERTS: My question is to the Minister for Foreign Affairs, Senator Wong. It’s based on a constituent’s inquiry. Australian journalist Cheng Lei was convicted in China of illegally providing state secrets to overseas parties and imprisoned. Cheng Lei was recently released and arrived back in Australia last week. Minister, can you inform the Senate what role you had personally, your department had and the Prime Minister had in the release of Cheng Lei? 

Senator WONG (Minister for Foreign Affairs and Leader of the Government in the Senate): I thank the senator for his question. Obviously, as you would expect, this is an issue on which there has been a lot of discussion at various levels with the Chinese authorities, urging the return of Ms Cheng and urging her to be able to return to Australia. I can indicate to you—and obviously some of this is at officer level—that, as I said publicly at the time, this was my first engagement with the then foreign minister Wang Yi, when I first met him at the first bilateral discussion in Bali. It is the practice of Australian governments to ensure that we raise consular cases with other countries, China included, at all appropriate meetings. 

I can indicate to the senator that Ms Cheng Lei was the subject of representations from me, the Prime Minister and officers, just as with other consular cases such as Dr Yang’s and with those obviously facing criminal charges. We made those representations at the Prime Minister level, at the foreign minister level and at officer level, and we will continue to do so. I would acknowledge also that this has been the practice under successive governments. I spoke to former senator Payne after I had met Ms Cheng Lei at the airport to let her know before the news became public. I acknowledge that she also raised this with the Chinese authorities— (Time expired) 

The President: Senator Roberts, first supplementary?

Senator ROBERTS: The Chinese ministry of state has posted on Weibo that Cheng Lei had been sentenced to two years and 11 months in prison and had been deported after completing her sentence. Minister, your words on Cheng Lei’s arrival at the airport, as quoted in the Guardian, made it clear that the government was taking credit for her release. They quoted you as saying: I made them a promise some time ago we would do everything, I would do everything I could, to bring her home …Minister, who is telling the truth—you or the Chinese government?

Senator WONG: Senator, you and I have differences of opinion, but I regret that you would use something I said about what I said to her children in that way.

An opposition senator: Seriously?

Senator WONG: No—not ‘seriously’. It was an expression of hope, emotion and a degree of humanity, because, like all Australians, I wanted to see a mother return to her children. That was also what I said publicly. The Chinese legal system has been completed. We have seen what they have said—that is, the articulation of the Chinese legal position. What I can say is that we made a priority to make representations— (Time expired)

The President: Senator Roberts, second supplementary?

Senator ROBERTS: Minister, is this a case that proves the Albanese government’s misinformation and disinformation bill should not exclude ‘government misinformation and disinformation’ and
instead should include ‘government misinformation and disinformation’?

The President: Senator Roberts, I’m not sure how it relates, but I’m sure the minister will respond as she sees fit.

Senator WONG: Senator Roberts, there is no misinformation on our side. There is no disinformation on our side. What we have said—and if you had actually tracked every engagement I have had with the Chinese authorities, what I have said afterwards when I have articulated, at least in summary version, what I said to the Chinese authorities and what the Prime Minister said to his counterparts—you would know that we have made these representations. All I can say is this: this is not a partisan issue, and this is not a political issue. This is an issue about an Australian who is now home with her children. Behind her were many Australians across this country and across the political divide who made the same representations to Chinese authorities at all levels that Australians wanted to see a mother united with her children. I think that is a good thing. It was a great privilege to have the opportunity— (Time expired)

Transcript 

Senator ROBERTS: I move: 

That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice asked by Senator Roberts today relating to the reporting of the release of Chinese Australian citizen Cheng Lei. 

The Chinese government announced that Cheng Lei’s release was simply a matter of her completing a sentence of two years and 11 months. In her explanation though the minister claimed an emotional high ground that is not supported by events at the airport. Minister Wong was most welcome to make remarks to Cheng Lei’s children in private, and she did so. The minister then restated and expanded her remarks to the press, which were widely reported. Further, at that press conference the minister stated that the release of Cheng Lei was a result of Senator Wong’s perseverance, which the minister did not restate in her answer to me. Did her representations have any effect on the Chinese government? Not according to the Chinese government. Who is right? We may never know. 

One Nation is concerned about the Albanese government’s misinformation and disinformation bill as applied to this situation. As drafted, the government and mainstream media are exempt from the bill. The Guardian‘s slobbering all over Minister Wong and the Albanese government over Cheng Lei would be exempt from this bill. The government can say whatever it likes and the mouthpiece media can repeat and even embellish those claims and that would be legal. Bloggers and social media companies who question the narrative though would be guilty of misinformation and fined or shut down. Weibo, which announced the Chinese government’s side of the story, has an office in Sydney and would be regulated under that bill. There’s no provision in the bill for truth as a defence. There’s no definition of what is misinformation. If this bill is passed, democracy itself will be at risk from an unending one-sided glorification of the ruling party. Last weekend, Australians rejected this sort of propaganda in the referendum campaign. The government proceeds with a misinformation and disinformation bill at its peril, because the people will see through it, just like they saw through the lies in the ‘yes’ case. This is about censorship. 

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The COVID Censorship Chain of Command

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During the May/June Senate Estimates hearings, I asked the Department of Health and Aged Care to clarify their role with the Department of Home Affairs in censoring social media posts.

Home Affairs had indicated that it relied upon the Department of Health to identify social media posts that ‘contravened Facebook/Meta’s guidelines’. This of course is just more dodging of responsibility as the agency trampling the fundamental rights of speech. Although it’s government doing the censoring, they give the social media corporations the button to push.

It turns out that when Home Affairs wanted to censor or provide information to social media platforms where posts breached the platform’s own guidelines during the COVID response, they relied upon the Department of Health to identify whether or not there was a breach. The Department of Health rarely identified posts and merely provided the information that the government decreed to be ‘correct’.

Transcript

Senator Roberts: Yes. Professor Murphy, could you please clarify your department’s relationship with the Department of Home Affairs, because Home Affairs seem to think that they relied upon the Department of Health for identifying social media posts that contravened Meta’s guidelines.

Prof. Murphy: Ms Balmanno can go over that again.

Ms Balmanno: As evidence became available in terms of the nature of the virus and the nature of treatments, vaccines and all of those sorts of things and how it was being transmitted, obviously there was a growing evidence base there, and it was our job to collate that and to point to the source information, whether that be the Australian Health Protection Principal Committee, whether that be the World Health Organization or whatever it might be. We would collate that information for the Department of Home Affairs. That would be what they were able to the then assess posts against. But ultimately the assessment is against the social media platform’s own policies about what is appropriate and not appropriate to be put onto their platforms. They each have a published policy, so they would use our evidence base to inform that decision and assess against those policies. Where they felt there was a breach and a post or an account was putting forward information that was not consistent with those policies, they would refer that to the social media company to look at.

Senator Roberts: Let me clarify, then, to make sure I’ve got the understanding. Home Affairs wanted to censor or provide information to social media platforms where a post breached a social media platform’s own guidelines, and they relied upon you to identify whether there was a breach.

Ms Balmanno: We were part of informing that, in that—

Senator Roberts: Who else was part?

Ms Balmanno: My point is the elements that we were able to contribute to were whether if, for example, they were making a referral specifically because they thought the information was false and was disinformation being deliberately promulgated to cause harm, they would use the evidence sources that we had collated for them to make that assessment and say, ‘According to all of this published research or according to the views of the Australian Health Protection Principal Committee and the position in Australia, here is the evidence we are pointing to to suggest that this post is incorrect.’ So we would help provide that evidence. That was our role.

Senator Roberts: So you didn’t identify posts; you just provided evidence when Home Affairs asked for the evidence?

Mr Blackwood: Yes, we were proactive in providing it if there were something not covered—

Senator Roberts: So you sometimes did identify posts?

Ms Balmanno: We were proactive in providing evidence as new evidence came to light and adding to the evidence base. If there were an issue they come across that they thought was incorrect—for example, the idea that 5G was causing COVID was one of the early ones that we did a lot of referrals in relation to—and if we didn’t already have that in the evidence base, they would obviously check that with us in terms of an evidence assessment, and that would be added to it.

Senator Roberts: So it was a hybrid role, then. Sometimes you identifies posts—

Ms Balmanno: We very rarely identified posts.

Senator Roberts: But sometimes you did.

Ms Balmanno: We probably have a handful of examples where we identified posts, and I have agreed to take that on notice.

Senator Roberts: Thank you.

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Last Chance to Have Your Say

Have your say and sign our petition by clicking on the links below. Help safeguard Australia’s democratic and ‘human’ rights to free speech.

There are only a few days left for you to ‘Have Your Say’ (while you still can) on the Government’s ‘Censorship’ bill giving ACMA powers to combat misinformation and disinformation. One of the greatest sources of misinformation, government departments and their funded media, are excluded from this bill, making it not fit for purpose.

The sleight of hand in this legislation is in the use of the words “misinformation and disinformation”. If we replace those key words in this bill to the more accurate “truth and scientific fact” we can see it is a threat to the prevailing narrative preferred by government “for the safety and well-being of the Australian people”.

It is immediately apparent that the bill is aiming for Orwellian censorship. Such social engineering would see the elimination of thought crimes (freedom of expression) and the removal of the ability for citizens to access truth and protest Government mistakes, bad policy and restriction of freedom.

This bill demonstrates that this government and ACMA has no role or interest in the truth which is disturbing to the majority of Australians. The proposed code would “support fact checking” which has been revealed in the United States court to actually be a misnomer for “narrative reinforcing”. That this legislation is even proposed by a democratically elected Government is beyond comprehension. It must be defeated if we are to remain a free country where the truth, not ‘The Narrative’, should set us free.

Sign the Petition
Have Your Say
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Passing the Censorship Buck Back to Social Media

Government claims it did not censor information itself, but raised matters of inaccurate information that were then referred to social media platforms.

Cautiously keeping its own hands clean of censoring free speech, which in the case of COVID often turned out to be more accurate than the messaging from government departments, Minister Gallagher says the department only alerted social media platforms to what were considered inaccuracies at the time.

The posts in question are being claimed to have been censored by the platforms themselves. This is a foreshadowing of the upcoming Orwellian ACMA bill.

At what point does censorship start? At the communicated advice from government, or at the moment foreign corporations such as Twitter or Facebook hit delete? What do you think?

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1984: The Department of Home Affairs COVID Censorship team

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I asked Home Affairs why they’ve asked social media to censor more than 4,000 posts related to COVID.

We must protect people from being labelled or categorized based on their beliefs, and Home Affairs has no place policing COVID given the amount of “misinformation” that turned out to be true.

Is Home Affairs merely providing a conduit between the dictators in the Department of Health and the social media platforms? #COVID19 #HomeAffairs #SenatorRoberts

Click here for Transcript

Senator Roberts: Thank you, Chair. And thank you for appearing today. Just to clarify, I looked up the

definition of regime, and it includes the government of the day, so, Senator Watt, you are a part of the Albanese regime.

Chair: Have you got questions?

Senator Roberts: Yes, I have, I just wanted to clarify that. Mr Pezzullo, counterterrorism is important; I want to say that up-front. Extremists can pose a threat; I want to say the up-front. But labelling and categorising people, anti-vax etcetera—that is not okay. What has been the arrangement between Home Affairs and social media platforms to intervene or censor or block posts related to COVID-19 that were or are contrary to government policy? Was it purely being the conduit from the department of health to the media platforms?

Mr Pezzullo: And also making judgements against the platforms’ own policies, but to answer the senator’s question, I said earlier that we’re not the arbiters of health science. Can you describe what might have triggered action on the part of our staff to start a to draft up a referral, for instance? Ms Hawkins?

Ms Hawkins: Senator in terms of the way I was answering the previous senator’s question, I would say to you that the government was concerned about instances of harmful mis- and disinformation in relation to COVID.  This line of effort was set up in 2020 and, as the secretary has said, it came out of the fact that we had been doing referrals in relation to terrorist and violent extremist content. As I understand the secretary’s evidence in terms of having conversations with the department of health early in the piece about the fact that we could use that same kind of mechanism to provide referrals about harmful mis- and disinformation in relation to COVID, we could use a similar technique that we had been using in the context of terrorist and violent extremist content, and we could use that same kind of technique in relation to harmful mis- and disinformation in the context of COVID.

For example, in relation to Facebook’s policies on mis- and disinformation, we scanned the environment, we identified where there were harmful instances of mis- and disinformation in relation to COVID, and then we provided those referrals to platforms, such as Facebook, for them to determine against their own policy about not allowing COVID mis- and disinformation on their platforms. So, in relation to their own policy, we then made referrals to say, ‘You might want to look at these posts, in the context of your own policy, about not having COVID mis- and disinformation on your platform.’ That’s what we have been doing since 2020, and, as the secretary said earlier, we will finish doing that on 30 June this year.

Senator Roberts: Mr Pezzullo, your department has been a conduit between the department of health and Meta and other platforms, and those platforms have been funded by big pharma to shut down posts that raise any questions about the COVID-19 injections. So you’re actually aiding and abetting censorship of relevant and scientifically correct information. As Senator Antic pointed out, much of what was labelled misinformation by people like Meta is now found to be correct and true. So, you aided and abetted in the injection of Australians that led to 30,000 excess deaths in 2022.

Chair: Senator Roberts, do you have a question?

Senator Roberts: Yes, I did.

Chair: The officials are here to answer your questions.

Senator Roberts: You were a conduit from the department of health to Meta and other platforms. Are you a conduit for any other departments? Do you follow their instructions just like you followed the department of health’s?

Mr Pezzullo: On the question of health, ‘conduit’ may not be the right phrase, because that would imply that an action was initiated in the Department of Health, sent to us as, if you like, a clearing house and then forwarded on. I think the evidence you’ve heard is that, in order to relieve the Department of Health at the time when we were dealing with the front end of a public health crisis, we stepped into that breach to say: ‘We’ve got the capability. As long as we can understand from ATAGI and others what the broad parameters are of health information the public should be advised of versus harmful misinformation, we’ll run with that’. And we put in place a program that allowed us to do that. As to your characterisation of the COVID-19 response and the efficacy of vaccines—you made reference to Australians being injected—I ask you to direct those questions to the department of health.

Senator Roberts: I will be.

Mr Pezzullo: I’m sure you will be. They’re better qualified to give you a better view, certainly, than I can, about the efficacy of that advice. We’re not a health department. We don’t have an independent way of saying to the—

Senator Roberts: So, you’re a conduit.

Mr Pezzullo: Well, ‘conduit’—again, I’ll just repeat what I said.

Senator Roberts: You take orders from the department of health.

Mr Pezzullo: A conduit implies that an action is initiated in one department, it comes through a middle broker, such as ourselves, and ends up in Facebook. Other than the policy settings being made known to us by the department of health, this was an area of action, like so many other things in the early days of COVID, where we didn’t need any instructions; we were just told to get on with a function, which we performed. Occasionally there would be engagement with Health, to make sure that we weren’t operating off obsolete information.

Senator Roberts: So you were just told to do it. Who was the service provider advising you on what was or wasn’t misinformation?

Mr Pezzullo: We use the service provider to do the scanning, do we not?

Ms Hawkins: That’s right. The service provider that we have used is M&C Saatchi.

Mr Pezzullo: Who do the scanning.

Ms Hawkins: Who do the scanning. They—

Mr Pezzullo: They’re not scientific advisors, as such.

Ms Hawkins: Exactly. They’re scanning the platforms and then providing us with proposed referrals that they consider are in breach of the platform’s own policy on misinformation and disinformation in relation to COVID.  Then there would be staff in my team who would consider that, and, after considering Saatchi’s proposed referrals, we would decide whether or not to pass it on to the platform.

Senator Roberts: Is it not true that it was said in past Senate estimates that Home Affairs considers that a significant threat to Australia is that of domestic terrorism?

Mr Pezzullo: I’m sorry?

Senator Roberts: Isn’t it true that in past Senate estimates Home Affairs has said that it considers a

significant threat to Australia is that of domestic terrorism?

Mr Pezzullo: Most certainly.

Senator Roberts: I was hoping you’d say that.

Mr Pezzullo: It’s one of the key risks that we seek to manage.

Senator Roberts: Do you consider that those who would challenge the safety and efficacy of COVID-19 vaccinations are domestic terrorists—if they challenge government policy?

Mr Pezzullo: Not if it wasn’t associated with any extremism, politically motivated violence or planning to attack institutions of society, no.

Senator Roberts: Do you consider that those senators who have posted comments opposed to the COVID-19 mandated vaccines—injections—are domestic terrorists?

Mr Pezzullo: Senators?

Senator Roberts: Yes.

Mr Pezzullo: You can post whatever you like, Senator. You have the privilege of being a senator.

Senator Roberts: I’m pleased that you just said I can post whatever I like, but Meta will not let people like Senator Antic and myself, and Senator—

Mr Pezzullo: If they, with their own service conditions, take your post down, then you can you deal with them as an elected representative. If you want to contest their takedown, then feel free.

Senator Roberts: Are you aware of any social media posts by elected members of this Senate that have been secretly censored through this arrangement?

Mr Pezzullo: I have no advice or information on that.

Senator Roberts: Interfered with in any way?

Mr Pezzullo: I don’t know.

Senator Roberts: Limited in reach? Not just censored, but limited in reach, so we can get to fewer people?

Mr Pezzullo: A posting by a member of the House or the Senate? I don’t know. I will check. When we come back to Senator Antic, will I be surprised to learn that there were any referrals that related to a member of parliament?

Ms Hawkins: I hope not.

Mr Pezzullo: I’ll check, but I’m rather thinking I won’t be surprised.

Senator Roberts: Are you aware of any posts by members of parliament that were taken down as a result of your actions?

Mr Pezzullo: That was a side discussion I just had. I don’t even know that we made any referrals that related to parliamentarians.

Ms Hawkins: I would have to take it on notice, Senator.

Mr Pezzullo: I would be surprised and verging on disappointed if we had.

Senator Roberts: Could you find out in particular if Home Affairs has been involved with or responsible for any of the posts that have been taken down from my media pages and also restricted in any way.

Mr Pezzullo: That, in effect, is a subset of the question asked by Senator Antic, but we’ll make a particular effort to check. I’m interested as well. There are questions of privilege that I would be much more respectful of than Facebook might be. It might well be, if we have made such a referral, that it’s something that I’ll need to reflect on. But I will check. In fact, why don’t I come back to you directly in relation to your own personal circumstances, on notice?

Senator Roberts: Thank you. Several MPs, in both the Senate and the House of Representatives, have

been heavily censored for posting material that was classified by social media platforms as misinformation and has now been found to be true.

Mr Pezzullo: Regarding the latter part of your assertion—in what might have been a question; I’m not quite sure—I don’t have any basis for thinking that something that was considered to be misinformation at the time under social media policies is now, through some kind of scientific evolution, considered to be true. I just don’t know.

Senator Watt: Senator Roberts, would you mind clarifying who it is that you say has found these comments to be true?

Senator Roberts: The government itself. Pfizer itself has admitted itself that the COVID-19 injections are not safe and effective. Yet the government, the previous regime, under Morrison, said that they were safe and effective. They’re neither effective nor safe. They have negative efficacy. That’s proven.

Senator Watt: That’s always been your opinion. I’m wondering which authority you’re pointing to that has deemed—

Senator Roberts: Pfizer vice-presidents.

Senator Paterson: A point of order. It’s not appropriate for a minister to ask a senator a question.

Senator Watt: One of your senators was asking about this as well.

Senator Paterson: No. A minister is directing questions to a senator. I don’t think that’s the usual order of—

Senator Watt: Well, when an assertion is made that things are true—

Senator Roberts: Mr Pezzullo, are you aware that—

Chair: Senators! I think the minister is actually trying to assist Senator Roberts, as I think most of us do.

Senator Roberts: if—

Senator Watt: If an assertion is going to be made that something is untrue, I think someone—

Chair: Minister! I’m speaking. Thank you. Senator, you have one last question.

Senator Roberts: How many other senators have had their media posts censored through these

arrangements? Could you get back to me on that one as well, please.

Mr Pezzullo: I will, as a further subset of the question taken on notice from Senator Antic, make a particular point of checking whether any referrals related to members of the House or the Senate—inclusive of you, but others as well.

Senator Roberts: Thank you. Minister, if senators have had their media posts censored by Home Affairs being a conduit to Meta and other platforms, then I call for a full royal commission to get to the bottom of this gross breach of freedom of speech at the highest level. The Labor Party itself—

Mr Pezzullo: I’m so sorry, Senator, I missed the first part of your question.

Chair: I don’t think it was a question.

Senator Roberts: The Labor Party has already said—Anthony Albanese said, before the election, that he committed to a royal commission. Will we now have a Labor Party royal commission?

Senator Watt: The whole thing is based on a hypothetical about whether senators or MPs have had their social media interfered with. Let’s wait and see what the answer to that question is. Let’s continue the questioning with Senator ‘Professor’ Rennick.

Member of the committee interjecting—

Senator Watt: I don’t spread COVID misinformation.

Senator Rennick: We’re not the ones spreading misinformation, Murray.

Click here for Transcript

Senator Roberts: Just a few questions for clarification, Mr Pezzullo. I will read from your website: Home Affairs brings together migration, cyber and infrastructure security, national security and resilience, and border-related functions, working together to keep Australia safe. You’ve been credited, justifiably, I would say, with the success in closing our borders after your appointment to Immigration in 2014. You have also been the inaugural and only secretary of the Department of Home Affairs, which is seen as crucial in that role. Is that correct?

Mr Pezzullo: Well—

Senator Scarr: He’s too humble to say!

Senator Roberts: I didn’t mean about the praise; I meant about the roles.

Mr Pezzullo: I have occupied the office for the time period you have spoken about. As to whether I have achieved any success in the role—

Senator Roberts: You have been widely credited with a lot of success, so we appreciate that.

Mr Pezzullo: That’s for others to determine. I’ve certainly been the occupant of two secretaryships over a decade, yes.

Senator Roberts: And key in security. Do you consider that elected representatives who challenge government policy are domestic terrorists?

Mr Pezzullo: I just go back to my earlier evidence. Terrorism has got a particular definition under our Criminal Code. Under the heads of security power set out in the ASIO Act, if any person, elected or otherwise, is acting in contravention of the criminal law, acting as terrorists—they are of course subject to a judicial process finding them so. Your question relates to elected members, I think you said, challenging government policy. All other things being equal, that’s just called democracy; that’s not called terrorism, no.

Senator Roberts: Do you consider it legitimate to deliberately or inadvertently censor elected senators who are duly elected representatives of the people, if their social media statements differ from government policy?

Mr Pezzullo: I took on notice, both at a general aggregated level from Senator Antic and from you specifically in relation to your own personal circumstances, whether we had—I think you might be going to COVID here, but I just want to be clear about what you’re asking about. I took on notice earlier that we would look at the COVID related referrals, the so-called takedown referrals, the 4,000 and some other number associated, and check that there were no members of the House nor members of the Senate included in that list. If the answer is no, zero, then the question, in a sense, becomes void because we haven’t done anything. If, frankly, regrettably, we’ve accidently, without identifying the person’s name—I don’t know if you self-identify as a government senator, but if we have taken a view of Malcolm Roberts—

Senator Roberts: Not a government senator but as a senator.

Mr Pezzullo: Sorry, as a member of the Senate, I should say. I do apologise.

Senator Watt: We’ve got some standards.

Mr Pezzullo: If we’ve inadvertently—and it would be inadvertent—made a referral of a sitting member or a senator, then I would find that regrettable because, in a sense, you’re held to account by your peers and by your electors; it’s not my job to hold you to account. There is a grey area. If you, whether you’re a senator or otherwise—and I couldn’t imagine for a moment that you would do this, Senator, or that any other senator would do it—inadvertently disseminated terrorist or violent extremist material, notwithstanding the privilege of a senator, my staff would take the view that there’s a referral here. On matters of COVID, which related to a public health emergency that was catalysed as a direction to us about three years ago by the then Morrison government, if one of your tweets or postings has been inadvertently swept up in our referral process, we’ll get to the bottom of

that on notice and get back to you through the notice process.

Senator Roberts: So I’m assured that if I were a terrorist or engaging in terrorist activities or promoting terrorism, you would treat me no different from a terrorist.

Mr Pezzullo: Your status as a senator in those circumstances would provide no protection at all.

Senator Roberts: That’s very reassuring. Thank you. It’s also reassuring that if you inadvertently caused me to be censored in any way, you would also protect my rights to free speech.

Mr Pezzullo: I’m distinguishing here between the service that we were providing in support of the health department on a public health emergency—which is really not about terrorism; it is about public health advisories. I’ll examine the data when Ms Hawkins and her people assemble it for me. I would take the view that we should not be doing referrals of sitting members or senators on public health issues. Terrorism? Acts of incitement to violence? Then we are in an area where the privilege that you have as a senator might well be thwarted by the criminal law, let’s say. But I can’t imagine that that circumstance would arise in relation to COVID.

Senator Roberts: I’m reassured, because privileges do come with responsibilities. I’m reassured by what you’re saying.

Mr Pezzullo: Thank you.

Senator Roberts: So do you not believe that Australian people have the same right to freedom of expression as I have?

Mr Pezzullo: I thought I’d answered this before, but let’s just recap. Even on the internet, which is considered to be untrammelled and unfiltered and uncensored, there is no accepted absolute freedom of expression, because you’ve got laws—for instance, you cannot stream the abhorrent abuse of a child.

Senator Roberts: Accepted.

Mr Pezzullo: But once you accept that there is some constraint at the outer edges—self-evident cases of child abuse, a terrorist’s live streaming of an abhorrent act—

Senator Roberts: But questioning government policy? That’s okay.

Mr Pezzullo: I was going to get to that, Senator. But then you start to get into distinctions and lines of definition. We’re not arguing the principle anymore about censorship because, even on the internet, which is thought to be this untrammelled, utopian public square of enlightened discourse and conversation, it’s been many years, if not several decades, since that view went out the window, because there have been laws, there are treaties, there are international understandings that say, no, there is certain content that is so vile and so unacceptable that it will be taken down by those providers who are acting responsibly. Now, you can’t get to every app and every dark website and every provider, particularly on the dark web, and they do peddle abhorrent material, so you’re not going to regulate that world; you’ve just got to go hunting and take other actions in relation to, if you like, what’s under the clear web.

Senator Roberts: I understand that there’s a lot of grey area there. But what you’re saying is that I have a right to speak but everyday Australians do not on COVID matters.

Mr Pezzullo: I’m struggling to understand how you’ve jumped to that conclusion.

Senator Roberts: Let’s go to two more points of clarification. In Australia in 2022 we had more than 30,000 excess deaths. That’s the equivalent of two Dreamliners crashing with total fatalities every week. Would you inquire into the crashing of two Dreamliner aircraft every week for 52 weeks?

Mr Pezzullo: My remit in that instance would be related to terrorism or related acts of violence or sabotage that caused those aircraft to go down, so of course I would get involved. I know it’s a hypothetical question that you’re putting to me but, as a matter of principle, that would fall under our remit of aviation security as well as counterterrorism. If you’re putting to me, by way of analogy, some kind of quantitative analogy that says this many people died who otherwise would not have died because of the advent of COVID vaccinations—you used the term ‘injection’—I would really urge you to direct that question to the secretary of Health and his officers, because (a) it’s not my responsibility to give you advice or evidence on public health issues; it’s—

Senator Roberts: No, I accept that. What I’m getting at is: would it be part of your remit to at least question what was going on with 30,000 deaths? That’s more than 10 times—

Mr Pezzullo: Sorry, is that 30,000 deaths in relation to COVID or in relation to airline crashes?

Senator Roberts: COVID injections.

Senator Watt: Again, that’s an assertion from you, Senator Roberts.

Senator Roberts: That’s 10 times the level of deaths from the Twin Towers World Trade Center collapse.

Mr Pezzullo: If there’s a question of an abnormal rate of premature death, which is to say death beyond normal morbidity statistics—and I don’t know what the science or the evidence is; I don’t know what data you’re pointing to—

Senator Roberts: Would it raise questions in your mind?

Mr Pezzullo: It might raise questions for the secretary of Health, so I’m suggesting that that’s appropriately directed to him.

Senator Roberts: He’ll be getting it. I take my responsibility to serve the people because they pay my salary. Taxpayers pay your salary as a public servant. Just as a final point of clarification, do you work for the government or for the taxpayers?

Mr Pezzullo: Well, I’m a public servant employed under the Public Service Act, so ultimately I work for the public. In fact, as a matter of law, I’m required to be impartial, I’m required to be apolitical and I’m required to serve the government of the day responsively—because that’s in law—but also in a way which is apolitical. For instance, if issues arose as to the records of former governments or if issues arose in relation to the observation of the caretaker conventions, I would stand my ground and, potentially, provide difficult advice or decisions to the government of the day. Generally speaking, by law, we are required to be responsive to the government of the day. That’s in the Public Service Act. On those rare occasions—and in my experience it doesn’t happen very frequently—that a government of the day might do something inadvertently that relates, for instance, to the records of decisions of previous governments or to the application of the caretaker conventions, I’ve got a duty not simply to say, ‘Well, I work for you, so we’ll just do whatever you say,’ but to say, ‘Hang on—that is unlawful,’ or, ‘That is contrary to Westminster conventions.’

Senator Roberts: Final question: would you fully cooperate with the royal commission which Mr Albanese promised before he was elected if it were tasked with examining these take-down notices around COVID?

Mr Pezzullo: I would cooperate with any commission of inquiry, royal or otherwise, commissioned by the government and instituted pursuant to letters patent. It wouldn’t matter what the topic was. We would always engage dutifully and conscientiously with any commission of inquiry.

Senator Roberts: Thank you very much, Mr Pezzullo.

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Free Media dead in Australia

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As Government becomes more and more powerful, anyone who challenges the current policies is smeared and censored. The legacy media happily parrots the propaganda, afraid of losing government funding.

Transcript

This parliament’s descent into a one-party state could not have happened without the media’s complicity. The cancelling of Jessica Rowe’s interview with Senator Pauline Hanson is the latest manifestation of a power structure that George Orwell gave these words to in 1941 following a failed attempt to publish his seminal work Animal Farm: ‘The British press is extremely centralised, and most of it is owned by wealthy men who have every motive to be dishonest on certain important topics by employing veiled censorship. At any given moment there is an orthodoxy, a body of ideas which it is assumed that all right-thinking people will accept without question. Anyone who challenges the prevailing orthodoxy finds himself silenced with surprising effectiveness.’

In 80 years, nothing has changed. Media and multinationals have the same wealthy owners who use their power to corral thought and enrich themselves. Orwell’s Animal Farm is a metaphor: animals overthrew their farmer to create a fairer society—only for that power to corrupt, leading to less freedom, with the pigs assuming the role of dictators. Ironically, not only are the media acting like the pigs in Animal Farm; the book has been wiped from our curriculum for the crime of making children think about the power paradigm. Our media are not some noble fifth estate; the media are a fourth column, advancing their billionaire owners’ interests at the expense of truth and integrity.

The only solution to the problem of media propaganda is introducing competition, removing federal support for commercial media and expanding the market through a ballot of spare spectrum open to only new media organisations. Instead of the media being protected under the power of their oligopolies, let the media earn their survival on the worth of their coverage. Instead of conflicted journalists promoting the orthodoxy, our community and our nation must have honest, independent journalists who challenge the orthodoxy. We have one flag, we are one community, we are one nation and we want our human rights and freedom restored.

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