Dissenting report from Senator the Hon James McGrath and Senator the Hon Linda Reynolds CSC

Introduction

1.1The Coalition members of the Senate Select Committee on Adopting Artificial Intelligence (AI) hold that the regulation of AI poses as one of the 21st century’s greatest public policy challenges.

1.2Nevertheless, the Coalition members of the Committee hold that any AI policy framework ought to safeguard Australia’s national security, cyber security, and democratic institutions without infringing on the potential opportunities that AI presents in relation to job creation and productivity growth.

1.3As the Senate Select Committee on Adopting AI’s interim report solely considers the impacts of AI on democracy, the Coalition members of the Committee’s additional comments will only focus on this chapter and hold off on a broader response until the committee concludes its final report.

Coalition reply to the interim report’s recommendations

1.4The Coalition holds that any electoral changes to improve Australia’s democracy ought to be assessed on the following four core principles:

fair, open and transparent elections;

equal treatment of all political participants;

freedom of political communication and participation, without fear of retribution; and

recognising freedom of thought, belief, association and speech as fundamental to free elections.

1.5Australia’s success as a liberal democracy is reliant on the effective operation of the Australian Electoral Commission (AEC), and the Federal Government more broadly, to satisfy and uphold these four principles.

1.6Ensuring that Australians have continued faith in the electoral system is paramount to Australians’ faith in its institutions of government.

1.7The Coalition’s response to the four recommendations proposed in the Senate Select Committee on Adopting AI’s interim report are guided by these four core principles.

1.8The committee recommends that, ahead of the next federal election, the government implement voluntary codes relating to watermarking and credentialling of AI-generated content.

1.9Though the Coalition members of the committee do not oppose this recommendation in principle, the Coalition will reserve its final position on this recommendation until the United States’ policy response to AI is holistically assessed following the US election. With different US States opting for different policy responses to manage AI, the US election will provide guidance to Australian policymakers on different mechanisms to manage the risks that AI poses to Australia’s democracy.

1.10The committee recommends that the Australian Government undertake a thorough review of potential regulatory responses to AI-generated political or electoral deepfake content, including mandatory codes applying to the developers of AI models and publishers including social media platforms, and prohibitions on the production or dissemination of political deepfake content during election periods, for legislative response prior to the election of the 49th Parliament of Australia.

1.11The Coalition members of the committee would welcome a thorough review of potential regulatory responses, but the Coalition members of the committee will not support any rushed legislative response to fit political timelines, especially if the response contains prohibitions or restrictions on freedom of speech.

1.12The committee recommends that laws restricting the production or dissemination of AI-generated political or electoral material be designed to complement rather than conflict with the mandatory guardrails for AI in high-risk settings, the recently introduced disinformation and misinformation reforms, and foreshadowed reforms to truth in political advertising.

1.13The Coalition members of the committee strongly oppose this recommendation.

1.14The Coalition members do not support the introduction of measures that purport to adjudicate truth in political advertising, nor does the Coalition support the dystopian reforms included in the Federal Government’s Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 (Misinformation Bill).

1.15Freedom of speech and the contestability of ideas are necessary for a healthy liberal democracy.

1.16Distinguishing between truth, opinion, and falseness is an inherently subjective process, and one that is appropriately left to the Australian public. The Federal Government and its bureaucracy, no matter how independent and qualified, has neither the scope nor the ability to adjudicate what is or what is not ‘misinformation‘.

1.17It is inappropriate for any government body, let alone a government minister, to have the authority to censor the Australian people and their political parties in their communications.

1.18Australian democracy ought to remain a marketplace of ideas. If Australians share statements that are considered to be false, it is the role of civil society to hold their statements to account, not for the Federal government to prohibit such statements in the first place.

1.19The committee recommends that the Australian Government ensure that the mandatory guardrails for AI in high-risk settings also apply to AI systems used in an electoral or political setting.

1.20Similar to Recommendation 1, though the Coalition members of the committee do not oppose this recommendation in principle, the Coalition will reserve its final position until the United States’ policy response is holistically assessed following the US election.

1.21The committee recommends that the government examine mechanisms, including education initiatives, to improve AI literacy for Australians, including parliamentarians and government agencies, to ensure Australians have the knowledge and skills needed to navigate the rapidly evolving AI landscape, particularly in an electoral context.

1.22While the Coalition does not oppose this recommendation it is particularly important in the electoral context that any AI education programmes are designed following extensive consultation with the Opposition.

Conclusion

1.23Unlike the theme of the report, the Coalition members of the committee hold that freedom of speech is not a mere constitutional guardrail, but that freedom of speech is integral to the success of our liberal democracy.

1.24This is why the Coalition members of the committee strongly oppose laws that purport to adjudicate truth in political advertising and the dystopian reforms set out in the Federal Government’s Misinformation Bill.

1.25Yet it is unsurprising that the Labor government are seeking to develop further dystopian mechanisms to control the Australian public. Indeed, proposals that purport to govern truth in political advertising and proposals targeted at providing social media giants with financial incentives to silence the Australian public play into the consistent dystopian vision that the Labor party has for our country. A vision of less freedom, greater executive secrecy, and less transparency.

1.26Such a vision has lingered on broad display consistently through the Labor party’s term of government. Whether it be the Labor government’s appalling approach to answering questions on notice, consistent refusals to satisfactorily respond to orders of production of documents, forcing stakeholders to sign non-disclosure agreements to be included in consultations or creating a handbook for officials on how to avoid answering questions at Senate estimates, this government has unswervingly favoured secrecy and duplicity over transparency and accountability.

1.27As such it is unsurprising that the Labor Party are now attempting to use further vehicles to censor the Australian public through misinformation regulations and laws that purport to adjudicate truth in political advertising.

1.28The Coalition members of the committee are concerned that should the Government introduce a rushed regulatory AI model with prohibitions on freedom of speech in an attempt to protect Australia’s democracy, that the cure will be worse than the disease.

1.29The Coalition members of the committee would welcome the opportunity to work with the Government on balancing how our freedom of speech can be protected in an AI world.