The federal Attorney-General's Department has been unable to provide any evidence to support its claims that artificial intelligence bots are overloading the Freedom of Information system, claims which were used to justify a proposed new fee dubbed a 'truth tax'.
Questionable Justification for a Controversial Fee
This revelation came to light during a Senate estimates hearing, where officials from the department were grilled about the basis for the proposed changes. The department had previously argued that a new application fee was necessary to combat a surge in requests, many of which it suggested were being generated automatically by AI bots.
However, when pressed by Senator David Shoebridge, the department's First Assistant Secretary for Integrity and Security, Simon Newnham, admitted they had no concrete data or specific evidence to back up the assertion about AI bots. Newnham conceded the claim was based on 'anecdotal' observations and the 'experience' of FOI officers, rather than on any documented analysis or system data.
The 'Truth Tax' Proposal and Political Backlash
The proposed $25 application fee, which critics have labelled a 'truth tax', was announced as part of the 2024-25 federal budget. The government argued the fee would help manage the cost and workload of processing FOI requests, which it claimed were being inflated by automated systems.
The admission of a lack of evidence has sparked significant criticism. Senator Shoebridge described the situation as the department 'making it up' and using speculative claims to justify a measure that would create a financial barrier for citizens, journalists, and advocacy groups seeking government transparency.
This is not the first time the department's handling of FOI has been under scrutiny. The proposal follows a period where the department faced a backlog of thousands of requests and was subject to a critical review by the Australian Information Commissioner, which found systemic issues with its FOI processes.
Implications for Government Accountability
The failure to substantiate the core reason for the new fee raises serious questions about the policy's foundation. Transparency advocates argue that charging for FOI requests undermines a fundamental democratic right to access government information, a right designed to hold power to account.
With the department unable to produce evidence for the AI bot problem, the proposed 'truth tax' now appears to be a solution in search of a problem. The controversy highlights the ongoing tension between the public's right to know and the government's desire to manage administrative burdens, a balance that seems to have tipped without factual justification in this instance.
The next steps for the proposal remain unclear, but the Senate estimates revelation has significantly weakened its stated rationale and intensified opposition from those who see it as an attack on transparency in Australia.
