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Electoral Legislation Amendment (Foreign Influences and Offences) Bill 2022

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2019-2020-2021-2022

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Electoral Legislation Amendment (Foreign Influences and Offences) Bill 2022

 

 

(1)     Schedule 1, page 12 (after line 14), at the end of the Schedule, add:

Part 3—Freedom of parliamentary proceedings

Commonwealth Electoral Act 1918

23  At the end of Part XXI

Add:

351A  Freedom of speech and debates or proceedings in Parliament

             (1)  A person commits an offence if:

                     (a)  the person is a foreign campaigner; and

                     (b)  the person is the provider of a large social media service; and

                     (c)  the person, by communicating electoral matter, impeaches or questions the freedom of speech and debates or proceedings in Parliament.

Penalty:  100 penalty units.

             (2)  Without limiting when the provider of a social media service impeaches or questions the freedom of speech and debates or proceedings in Parliament, the provider of a social media service impeaches or questions the freedom of speech and debates or proceedings in Parliament if the provider:

                     (a)  prohibits, restricts or prevents the posting of proceedings by a member; or

                     (b)  if a member posts proceedings:

                              (i)  removes the post (other than at the initiative of the member); or

                             (ii)  restricts access to the post, including by means of shadow banning; or

                            (iii)  encourages or requires the member to remove the post; or

                            (iv)  victimises the member because of the post, including by means of banning, shadow banning, suspending or deplatforming the member or supressing posts by the member; or

                             (v)  prohibits, restricts or prevents the reposting of the post by any person; or

                     (c)  if an end user of the service reposts a post to which paragraph (b) applies:

                              (i)  removes the repost (other than at the initiative of the end user); or

                             (ii)  restricts access to the repost, including by means of shadow banning; or

                            (iii)  encourages or requires the end user to remove the repost; or

                            (iv)  victimises the end user because of the repost (including because of a statement included in the repost), including by means of banning, shadow banning, suspending or deplatforming the person or supressing posts by the end user.

             (3)  Subsection (1) does not apply to the extent that it would otherwise infringe any constitutional doctrine of implied freedom of political communication.

             (4)  This section does not limit article 9 of the Bill of Rights, 1688.

Definitions

             (5)  In this section:

large social media service includes the following social media services:

                     (a)  Facebook;

                     (b)  Twitter;

                     (c)  YouTube;

                     (d)  Instagram;

                     (e)  WeChat;

                      (f)  TikTok.

member means a member of the House of Representatives or a senator.

posted has the same meaning as in the Online Safety Act 2021 .

proceedings means proceedings in Parliament.

provider of a social media service has the same meaning as in the Online Safety Act 2021 .

remove has the same meaning as in the Online Safety Act 2021 .

repost a post means post on a social media service a post that previously been posted on that or another social media service.

[parliamentary proceedings]