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A Way to Look at Racial Discrimination

In political circles, s18c of the Racial Discrimination Act is one of the hottest topics. Out in the broader community, it is not exactly high on the agenda. But the government is seemingly moving towards repealing that section of the Act. Indeed, it was one of the commitments made by the government when in opposition.

If the government were to break their promise, and not repeal s18c, they would lose no political skin. The government is still talking about a repeal of s18c of the Act however, though the final outcome may not end up being the removal of this part of the Act. There does appear to be mixed messages from the government.

Both sides of the debate have been passionately advocating their respective positions since the policy was announced. Sometimes that passion has been overly emotional. Nuanced and dispassionate consideration of the issue at hand has often been lacking, with the full repeal advocates and those in favour of the status quo being the loudest participants.

As you would imagine, the issue has been hotly debated on the various political panel shows for some time. And that debate has continued to accelerate in recent weeks, including on The Drum and Q&A last week.

There was a mostly mature discussion of the subject on both programs. The political class, the politicians in this case on Q&A, did get a little more emotional than those closer to the periphery of political debate, the guests on The Drum. 

And then there was the social media commentary from the politically engaged. Twitter, as it often does, played host to a whole new level of angry and emotional consideration of the topic.

From the Twitter discussion last week, I learned that privileged, white, middle-aged males in particular have no right to take offense at any kind of jibes directed towards them. However everyone else is, in the eyes of a number of people on Twitter, allowed to seek comfort from the law. White privilege apparently means that no laws are required.

This is a problem. It is a problem because we live in what is supposed to be a liberal democracy. Granted we do not always get the application of liberal democratic values right in our society, but we are, for all intents and purposes, at the very least in name, a liberal democracy. That means that everyone is supposed to be equal before the law. Everyone is to be treated the same by and under the law.

When it comes to the section of the Racial Discrimination Act in question, I have been on quite a journey. I have held a few positions since the court case involving Andrew Bolt, which started us on the journey to the debate we are having at the present time.

At first my largely libertarian and liberal politics came to the fore. I thought that section of the Act just had to go because, well, free speech. It was a very absolute position. How could anything else possibly amount to free speech I thought.

Then I thought about it some more when I heard David Marr speaking on one of the panel shows on television. His position was that the part of the Act being debated should be altered.

At present, someone is in breach of the Racial Discrimination Act if they engage in behaviour which ‘offends, insults, humiliates or intimidates’.

David Marr has argued that the first two words: ‘offends’ and ‘insults’ are too subjective. The threshold there is indeed too low. A higher test should apply to the Act, and at the time I thought that Mr Marr’s thinking struck the right balance.

But again in recent days I have reconsidered my position. I have begun to think that the word ‘humiliates’ should be removed from the Act. The word seems to me to be so similar to the first two that it is an unnecessary part of the legal test for discrimination.

I do however think that the word ‘intimidates’ needs to be retained in the legislation. Essentially, racial discrimination and vilification in its purest sense is behaviour which intimidates the victim. It is the very foundation of true hate speech and has no part in a civilised society.

In short, we should have laws against hate speech. However, neither the status qu0 nor the proposed alternative position are adequate ways of dealing with what is a very complex issue.

It is worthy to note too that no single characterisation of the Act, either considered here or elsewhere, will eradicate discrimination. However, a legal remedy must remain available for when discrimination and vilification has been found to have occurred.

The Politics of The Stupidly Predictable: The ‘Ruddbull’ Q&A

In the week leading up to last night’s episode of ABC1 panel show Q&A, the instalment was billed as the Rudd and Turnbull show, the ‘two elephants in the room’, despite the fact that there was two other panellists, Judith Sloan and Heather Ridout. A new noun was spawned for the two former leaders, ‘Ruddbull’.

Despite the two female members of the panel, that’s basically what it was, the Rudd-Turnbull conversation hour with the occasional recognition of the other two guests on the show.

There were two questions you just knew were unfortunately going to be asked, either by a member of the audience or through a video question. After a good 53 minutes of intelligent questions and reasonable debate, a rarity for Q&A, those questions came.

The first question was along the lines of ‘Malcolm and Kevin: When will you take back the reins of leadership, reclaiming the place that rightly belongs to you in your respective political parties?’.

The second question that is usually asked when Kevin Rudd or Malcolm Turnbull are appearing publicly is equally as vapid, predictable and lacking in intellect. It is a question that, coming from a guest on a show about politics , actually reveals a distinct lack of understanding of both the ideological spectrum and the political realities of present day politics.

That question usually goes a little something like this- ‘Kevin and Malcolm: When are you two going to leave your respective political parties and form a third force in politics to conquer all evil in both the Liberal and Labor Parties?’

This might come as a shock to many, but both the Liberal and Labor Party dumped Malcolm Turnbull and Kevin Rudd some time ago now. Malcolm Turnbull was the first to go, dispatched in favour of the more conservative and anti-ETS  Tony Abbott. Then, half a year later, in the swiftest and rarest of prime ministerial coups, Kevin Rudd was gone in favour of Julia Gillard.

What may also surprise people is that despite the poll popularity of both Rudd and Turnbull, neither candidate can lay claim to the being the rightful ‘owner’ of the leadership. That is true of any candidate, despite popularity.

We know in theory that the polls say that is the contest people want. But the reality is different.

Rudd may be more popular with voters than Julia Gillard, but his popularity was sliding while still in office. Also, after having his reputation so heavily besmirched by his own party, by some of his own cabinet, there is absolutely no hope of him ever being returned. This is especially the case after being heavily defeated in the February leadership spill.

If Mr Rudd were returned, the Liberal Party would have a field day. As it is, their campaign strategy for the next election, in terms of targeting the ALP, has already been written.

The case for Mr Turnbull is slightly different.

It is true that under his leadership the polls were getting close and may have continued to improve for the Coalition as we neared the 2010 election, However, a first term defeat still would have been a very unlikely proposition, even though that nearly happened under Tony Abbott.

The simple fact with the Liberal side of politics is that Malcolm Turnbull was dumped in favour of Tony Abbott who managed to greatly excite the party’s base, increasingly conservative voters.

The positive for Turnbull is that the polls are narrowing and Tony Abbott continues to be an unpopular leader. Among Liberal voters, according to one poll, Malcolm Turnbull is preferred Liberal leader.

It is also the case that the carbon price, according to the polls, is becoming much less of an issue. If that trend continues, a pro-ETS leader in what was largely a pro-ETS party, but for electoral purposes, could again seize the leadership.

However, it is a case of ‘what-ifs’. It would seem that the polls are unlikely to change much more than they already have and if they do not narrow further in the coming months, the case for Turnbull leading the Liberal Party will again peter out.

But again, Turnbull is not the rightful heir of some kind of political kingdom.

In terms of the hilarious proposition that Kevin Rudd and Malcolm Turnbull hand in their membership cards and leave their respective parties to form a new political force, well, one can only laugh.

Of course largely, across politics, particularly in recent decades, there has been a significant amount agreement on policy grounds, over 80%, even during what is supposed to have been a destructive Abbott leadership.

Really, there should be more of a policy difference between both the Coalition and the Labor Party. There is however, in the real world of politics, the bane, many would say electoral reality, of populism.

What, in terms of major policy, do the two actually agree on? Very little actually. They may agree on outcomes, but as for the mode of getting there? Well there is clearly a difference.

Kevin Rudd and Malcolm Turnbull do both agree about acting on climate change, but so did most of the Liberal Party under Turnbull’s leadership and at least 44 Liberal MP’s in the leadership vote until the electoral popularity of the anti-carbon tax stance set in. So then obviously a number in the Liberal Party should actually leave it, not just Malcolm? I think not.

That really is the key similarity other than Kevin Rudd’s fake claim before the 2007 election to be an economic conservative. Malcolm Turnbull actually is one and has a history of economically conservative actions in an economically conservative government.

The only other key similarity is actually still a difference. Both Mr Rudd and Mr Turnbull represent more of what their party used to be than what it is today. Kevin Rudd is a social democrat and Malcolm Turnbull a liberal conservative rather than a conservative liberal, some would even say a true liberal.

Of course populism means there will be other similarities between the two and between the political parties they represent, though they are not as deep and abiding as to allow for the formation of a political party with broad common interests.

Kevin Rudd is undoubtedly to the left of the current ALP and Malcolm Turnbull to the left of the Liberal Party. However, Turnbull is firmly placed on the right of the political spectrum and Rudd on the left.

Unfortunately, a show now more interested in the superficial, in personalities, or at the very least a narrow range of policy areas again strayed into the absurd.

What should be a serious political show must not indulge such strange, deluded and predictable thoughts and certainly not on a regular basis.

Hey Guys and Gals, Don’t Worry About Your ABC

The Australian Broadcasting Corporation is copping it from all parts of the political spectrum these days with regards “balance” as well as impartial reporting of news events, though much less the latter. But lately it’s been the left, the core constituency of the ABC that have been the loudest to decry the direction that the publicly funded news organisation is taking in relation to their approach to guest spots on the 6pm political panel show The DrumAll this has been happening while many on the right of the political spectrum still continue to amp up over what is still seen as a left wing bias of the entire news organisation.

The biggest complaint of recent months has been that the Institute of Public Affairs (IPA), particularly through regular guests Tim Wilson, Chris Berg and James Paterson appears more than any other think-tank on the daily political commentary show.

It is a simple fact that the IPA has appeared more than any other think-tank that exists in the Australian political landscape. IPA guests have taken up  42% of the appearances of representatives of these organisations for the of the period between June 2011 and June 2012 according to an investigation by Andrew Kos for Independent Australia here

The investigation found that the next highest appearance rate for think-tanks was the Centre for Independent Studies (CIS) at just under half the rate of the IPA (at 18%), followed by Per Capita with 16% of appearances and then the Centre for Policy Development responsible for 10% of the guest spots over the year examined.

So clearly the vast majority of think-tank appearances have been as a result of guests from the Institute of Public Affairs. An undeniable fact. But does this automatically translate into a right-wing bias on the part of our state-funded national broadcaster? Sorry, rhetorical question there. The answer is a clear ‘no’.

Sure the IPA and the other major right-wing policy body the CIS have dominated 60%, over half of thinky body spots on the show but to measure bias because of the higher appearance of one or two think-tanks over any other is a pretty ridiculous measure.

A much better way would be to measure based on political leanings of each individual guest, cumulative over each and every time that The Drum has aired.

Even without having done the raw numbers it is also an incontrovertible fact, that, like the IPA dominating the guest list, those that outwardly appear on the left of the political spectrum strongly outnumber those that identify with the right side of the political spectrum. You simply lose count of the times when two of the three panelists are of the left.

The very idea that you can have any form of political balance on a panel when a show, before it even starts has an uneven number of people as commentators, regardless of political affiliation is completely laughable.

The same goes for the other major free-to-air program in the realm of politics, Q&A and the Sunday program Insiders. With the formeryou have a regular panel of another uneven number, 5 guests where again people of the right side of politics are always strongly outnumbered. Sure, you’ll find your regular Q&A panel has a wider diversity of guests than The Drum, which usually leans toward those of the left that support Labor but there’s still not an overall balanced cross-section of views displayed due to the panel size and choices.

As for Insiders, again, like The Drum, you have 3 panelists, journalists from both Fairfax and News Ltd and the occasional freelance writer. Again too you have a political imbalance, always slanted to the left, partly because of the number of commentators on the show, partly because of the overwhelming number of writers who identify with the political ideology of the left.

So please, to my friends on the left, quit with the whingeing and whining about what you perceive as a right-wing political bias creeping into the political programs of your ABC. You have nothing to worry about, it’s still tilted nicely in your favour. You only need to start worrying if the number of guests representing your beliefs is tilted in the other direction. If balance is truly what you want, then call for an equal number of spots on each of the political shows. But I suspect that deep down you might just be complaining you don’t like what you’re hearing from a small number of people.

The fact that now everyone, left and right, are getting their knickers in a knot tends to indicate that maybe, just maybe, the ABC is heading toward less of a bias toward the left.

Turnbull Appearance on Q&A Again Launches the Twitter Derp

There’s just something about Malcolm Turnbull going on Q&A, pretty much anything publicly other than talking on broadband and communications that results in the unleashing of unmitigated derp from both sides of the political spectrum. Combine this with a predictable recipe of asylum seekers and marriage equality, with a bit of a healthy and thoughtful discussion on the arts and at least some of the chaos and stupidity was held back.

You see, the situation is quite strange when it comes to Malcolm Turnbull being a part of the public debate on a broader range of issues than his present shadow portfolio.

Pretty much everyone on the moderate left at times profess some kind of what they say and act like is undying love for Mr Turnbull when he isn’t so much in the spotlight, or more rightly when he might well be saying something that they tend to agree with, like on climate change, after last night somewhat on the arts and also to a large extent on marriage equality.

There are even people on the left who shout “Malcolm for PM” but would surely recoil from that belief were there a Liberal Party government in power, even with Turnbull at its head.

And so it goes that there was all of that fake, ‘soft’ love from the left for Malc0lm Turnbull that would surely diminish again among this demographic were he to return as leader.

Some too may profess a love for Malcolm Turnbull now but forget they used to decry his substantial wealth, self-made no less, undoubtedly much of it to do with people in this country seeming to despise entrepreneurialism and success and yes that tall poppy bashing syndrome definitely rings true.

There are those however, somewhere around the centre that would and do accept Malcolm Turnbull as a sensible and at least relatively balanced choice for leader of a Liberal Party that more and more lacks the ideology in its name. Turnbull is one of the few you’d consider to be a liberal in the modern Liberal Party or at the very least, someone with strong liberal tendencies.

Then you get started on what the right of the party, though more often the more right wing supporters of the Liberal Party think of the man and that’s where things start to get just a little misguided.

Those on the right of him decry him for sticking up for markets, for advocating that for the most part, the market is by far the best response to a range of things, notably climate change, though the electoral reality with this is that the idea of a market response has lost after having prevailed just years ago.

Then comes the socially progressive stance of the former Liberal Party leader, particularly on marriage equality, which closely behind his climate change stance attracts the most ire from Liberal Party supporters. He wants a conscience vote on the matter, said so some time ago, a conscience vote being a long-term stance of the party on controversial matters.

Mr Turnbull also over the weekend backed calls for a compromise of a nationally backed civil unions scheme which will be seen by many on the right of the party again as too far even though it is just a compromise position, though some on both the left and right will not see it that way.

The Twitter response last night mirrored the public thoughts on Turnbull with some soft backing and the next minute complete disavowal of all Turnbull believes in from the left and the occasional outright condemnation, simply because he’s a member of the “evil” Liberal Party.

Of course then, at the same time from the right was the complete disavowal of all he’s ever said even though the vast majority, if not all, is fully aligned with what the Liberal Party is supposed to stand for.

The reality of the situation is that Malcolm Turnbull on social issues lies somewhere around the political centre without being radically progressive but still being open to social progress that can’t be delivered by markets.

On economic issues Turnbull is clearly of the right so that clearly makes Turnbull centre-right overall which should at least in reality give comfort to the knocker’s on his own side of the spectrum but it does not.

Stay tuned for much of the same before, during and after the next installment of Q&A featuring Malcolm Turnbull, complete with predictable leadership comments masquerading as questions and the “you have him, no you take him” fight between right and left which is sure to spawn more of the most lovely derpiest derp.

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