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Free Speech Monday in Australian Politics

Monday, after the early morning victory by Jamaican runner Usain Bolt and aside from the other action that has been and has continued to occur in England has been pretty much all about freedom of speech. The discussion about free speech today arose from a speech that Tony Abbott made to the right-wing think-tank, the Institute of Public Affairs. The Opposition Leader’s speech took on the topic of free speech from two separate, but linked directions.

In one instance it was about regulation of the media in general as far as government plans post-Finkelstein and Convergence Review. Those changes proposed in both inquiries would seek to place unwanted and unnecessary restrictions on our media in the future, stifling their ability to provide fearless criticism of dreadful governments of both political persuasions.

The second front in which freedom of speech was tackled was in relation to the recent Andrew Bolt racial villification case and the appropriateness or otherwise of having a Racial Discrimination Act with a very loose definition of wrongdoing. Section 18C of the Act was singled out for treatment. The broader narrative of the talk on free speech was also applied to the case of Andrew Bolt.

Among the proposals advocated for in the recent Finkelstein and Convergence Review’s are a News Media Council which would be a new regulatory body to oversee media outlets and an ownership test.

By far the most worrying recommendation and one that is reportedly being seriously considered is a public interest test on media stories. This would be an horrific encroachment of the government into regulating what kinds of stories a particular news outlet would be able to report on. No government should be able to determine what is news or otherwise, whether that be by direct government oversight or by legislation with an intent to limit the content journalists can put out. Access to a wide array of information from a variety of sources is extremely important.

As for a new regulatory body, well that too is problematic. Surely any new organisation proposed to oversee the media would have much more beefed up powers to punish certain perceived wrongs. This again is not a sensible move in seeking to make it difficult for a robust and diverse media to be frank and fearless in their reporting and commentary on particularly thorny issues.

An ownership test is just ridiculous. Anyone, from any background should be free to engage in journalism or commentary and equally should be freely available to criticism from others. Everyone should be free to take the entrepreneurial risk involved in establishing a news media company across all forms of communication. No government too should have the power to ever be able to say who can or cannot involve themselves in journalism and commentary because they might not be liked by that particular government for some reason or other.

But now to that more controversial aspect of Mr Abbott’s speech today and that was his announcement that an incoming Coalition Government would seek to repeal s18C of the Racial Discrimination Act.

This section of the Racial Discrimination Act deals with behaviour which is deemed to have offended, insulted, humiliated or intimidated someone based on their race, colour or national or ethnic origin.

This is likely to be an uncomfortable move for many with the Act in one way or another, despite the suspension of it during the Northern Territory intervention, having some level of bipartisan support or at least a political unwillingness of either side to touch it. That is until now.

But Mr Abbott did not advocate for there to be no law in the area of racial discrimination. Indeed he went on to say in his speech to the IPA that “any prohibitions on inciting hatred against or intimidation of particular racial groups should be akin to the ancient common law offences of incitement and causing fear.”

In advocating this stance the Opposition Leader did not say or imply that Andrew Bolt in writing the offending column he penned was right with what he said. Indeed Tony Abbott acknowledged that it was “almost certainly not his finest” and he also admitted “there may have been some factual errors.” Well it’s not a case of there possibly being factual errors in Bolt’s writing, there was, but as Mr Abbott has pointed out on numerous occasions, that is not the point.

Indeed with the Bolt case, you’ll find a number of people born early in the 20th century, even since then that have the wrong impression on various aspects of the indigenous issue, but should they all be subject to court action for holding fallacious views? No. Should they be corrected upon making such silly uninformed claims? Certainly, yes.

Just as someone should be free to say what they truly feel, providing it doesn’t incite hatred or cause fear, people who disagree with something should feel able to absolutely slam and demolish something which they disagree with and believe may have serious factual errors. Politics is about competing ideas. This is also something that the leader of the Opposition acknowledged.

Just as there is a case for only offences relating to incitement and causing fear, there is also a case for a much higher threshold test than the completely subjective one that exists under s18C of the current Racial Discrimination Act. This would be sensible middle ground whilst still allowing people to seek remedy within reason. Indeed it would be quite similar to the Abbott proposal today.

The most important thing is that our rights are at the very least not limited to unreasonable extremes and at absolute best, our freedom of speech is fully guaranteed save for when it causes incitement and fear.

That was free speech Monday.

Finkelstein Would Kick Up a Stink Online

Bloggers of even middle of the road status beware, Ray Finkelstein QC and his media inquiry believe that we as a collective society are a flock of sheep who will follow opinion we read in a sheep like manner. The inquiry also assumes that what bloggers do is provide a news service. It seems, if the recommendation gets implemented by the Gillard Government, that bloggers will be subjected to the same purview as print and other media.

First it must be said just how incredibly stupid it is to classify what is written in any blog as a news service of any sort, no matter how factual the content. A blog is always formed of opinion which is gleaned from facts which are broadcast in different forms. It can too be the case, that blogs do not base arguments on facts in purveying arguments, but they can be easily found out.

The media inquiry headed by Ray Finkelstein QC recommended that bloggers whose site has more than 15 000 hits per annum be subjected to the News Media Council which would police all forms of information media, including television, print and online media. Aside from the fact that blogs are not utilised as a news service, 15000 hits would undoubtedly take in a wide array of political blogs, both amateur and professional.

One obvious question arises immediately and that is, how on earth will a media regulator know when a particular website reaches the threshold for monitoring of balanced commentary? Will they have the power to contact site administrators to determine when a blogger meets the policing requirements? Or will it be up to the individual author or site manager to self nominate? Either way, how stupid.

The onus would be on these bloggers, likely too this very website, to break from their respective market niche ¬†or ideological bent and provide “fair and balanced” commentary, again deviating back to providing basically a news service when all a blogger does and does best is become a polemicist.

Not only this but it would likely turn some bloggers into more bland and harder to read communicators if they were forced by some sort of but not really independent body to report rather than rant. Every blogger knows that it is much easier to communicate your point when you feel strongly about it.

I have little problem with the actual¬†news provided by television, print and online news media being of a “fair and balanced” nature, based on reporting fact rather than opinion, but then, who is it that determines just what is fact and what is complete nonsense? Some part government, part privately appointed body? I think not.

It would be a very dangerous move for an already on the nose Gillard Government to act not just on the recommendation for a News Media Council but to couple that with the body being given the power to strip people of their opinion because their blog has a mid-range level of popularity. It is frightfully clear that those on the left do not believe the individual has the power to think for themselves and that goes along with their ideology but to tell people who may have a a somewhat popular blog that they cannot have an online opinion, well that just stinks.

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