Vague Commercial Liability Creates Market Uncertainty

Section 24(3) creates a rebuttable presumption that persons who "earn a reputation publicly for constantly and incessantly publishing false information" are engaged in the business of misinformation. This provision imposes legal uncertainty on media companies, content platforms, and verification services because "constantly," "incessantly," and "earn a reputation" lack objective thresholds. Businesses cannot assess compliance risk or structure operations to avoid liability. The reversed burden of proof requires companies to prove they are NOT engaged in commercial disinformation—an expensive defense that deters market entry and investment, particularly for startups in fact-checking and content moderation. This approach deviates from international standards (EU Code of Practice, OECD guidelines) which address commercial disinformation through transparency and disclosure rather than subjective presumptions.