How to sell a television documentary: Al Jazeera, One Nation and media ethics

March 27, 2019

Like many people I was fascinated by Al Jazeera’s investigation, “How to sell a massacre“, into the relationship between Pauline Hanson’s One Nation and the American gun lobby group, the National Rifle Association.

Screen Shot 2019-03-27 at 12.06.17 pm

The story broke in Australia with several teasers from the Al Jazeera program, which is screening in two parts. As I am writing this on Wednesday 27 March 2019, the second installment is not available in Australia via the Al Jazeera website, so my comments are qualified by the disclosure that I’ve only seen part 1.

Never-the-less, as one of the unwitting ‘stars’ of the documentary.PHON fixer James Ashby claimed, a shit storm would erupted if news of his visit to Washington DC ever became public.

Indeed it has. PHON chief strategist and Hanson’s latest Svengali (or perhaps Rasputin), James Ashby, has been anxiously trying to play down the significance of the revelations in the Al Jazeera film.

It is important to nail down exactly what these revelations are, or could be, because the investigation has also raised a number of important questions and issues about journalism ethics.

Does “How to sell a massacre” pass the public interest test?

Public interest here is the key. We’re not just talking about the voyeur’s delight we might feel in watching two PHON honchos make total fuckwits of themselves. Sure, there is pleasure in that, but it is not a strong enough justification for the deception that was perpetrated in the name of pubic interest and disclosure.

In particular, when is an undercover sting operation, like the one at the centre of this story, justified by the public interest in getting “facts” out into the public domain. Read the rest of this entry »


EXCLUSIVE or ‘EXCUSIVE’? The Australian’s war against logic

January 12, 2014

I gave up my subscription to The Australian just over a year ago. It was the one resolution from New Year 2012-13 that I made and kept.

I drafted a post on it at the time, but decided not to bother publishing it, thereby depriving Murdoch of oxygen. This is what I wrote on 30 December 2012:

It’s not about the money. By my back of the envelope calculations every six-day delivery plus digital access subscription is actually losing money for News Limited. At $8.95 a week for the newspaper and the paywalled online content I was actually paying less than the price for home delivery alone and each daily paper was costing me less than the advertised cover price. Besides, I can afford it, so cost was not a factor.

What finally prompted me to stop my sub was the fact that I am increasingly agitated by the tone of The Australian’s coverage of politics and the shrill and incessant screaming directed at anything slightly left of the paper’s far-right conservatism.

For The Australian’s coterie of conservative commentators everything proposed by the Gillard Labor government represents a threat to civilisation and only the gathering forces of the libertarian right can overcome the descent into socialist Hell that the Gillard regime represents.

That this scenario is the product of fevered imaginations in the ranks of The Australian’s editorial leadership does not matter. Even the most debatable and opinion-laden piece of reportorial dross is labelled ‘Exclusive’ on the front page of the national daily and the paper’s columnists are uniformly opposed to anything progressive or ‘liberal’.

I am sick of it and I’m sure that my mental state is also polluted by the junk that is published relentlessly in pursuit of Murdoch’s regime-change agenda.

The Australian is not a newspaper in the sense of reporting items of public interest with a veneer of objectivity, it is nothing more than a cheer squad for Tony Abbott’s Liberal party.

Well, we all know what happened in 2013. The Australian and its stablemates The Herald Sun in Melbourne and The Daily Telegraph in Sydney, waged incessant war on Gillard and Rudd and the Labor Party and slavishly praised the Abbott-led coalition right up until the 7 September election date.

Since then, The Australian has championed all the causes, crusades and bullying, braying arrogance of the Abbott government.

All this hard work has not gone unrewarded. Several things have happened recently that make me think that the hotline between News Limited’s increasingly shrill coterie of senior shills and the government’s spinmeisters is always busy.

The two phenomena I wish to comment on today are evidence of this special relationship between the world’s greatest newspaper and the prime minister we had to have.

It’s simple really; the pay-off for The Australian’s loyalty and aggression has been inside information and news tips to feed the front page beast and a handsome payday for a coterie of eccentric, but suitably rightwing commentators who were being warehoused in the News Limited corridors until they could be dusted off for a suitable public purpose.

The elusive, EXCLUSIVE excusive

An “exclusive” in the newspaper world was always something that a reporter could be proud of and that an editor would get juicy over because it had the potential to increase sales and generate ‘buzz’ about the paper and the story. For a journalist, an exclusive meant free drinks at the bar, a pat on the back and a chance of promotion.

But, today at The Australian the EXCLUSIVE has become devalued to the point of worthlessness and over-used to the point of terminal boredom and cynicism on the part of the reader. More disturbingly it has morphed into what I am calling the EXCUSIVE, a story that provides political cover and excuses for the actions of the Abbott government. The Australian is now a mouthpiece and a megaphone for pro-Abbott propaganda.

Let me tender a few exhibits as evidence:

THE AUSTRALIAN, Thursday January 9, 2014

The front page of the 9 January paper had seven separate stories; six of them were badged EXCLUSIVE.

The lead “Labor, Greens end the affair” was written by Tasmania correspondent, Matthew Denholm. The exclusive was based on several “understands”:

The Australian understands the Tasmanian ALP is preparing to sever its four-year power-sharing alliance with the Greens…

While final decisions on the details of the Tasmanian split are yet to be made, The Australian understands a consensus has emerged in Labor ranks…

There is ongoing debate about whether, how and when to dump the two Greens minister — Australia’s first — from state cabinet, but The Australian understands this is the most likely outcome in the next few weeks.

There is not one source quoted in the eleven pars of this story on page one. It continues on page four for another nine pars before there is a quote from a living, breathing human being, if you can call a paraphrase with one word in “quotation” marks a quote quote unquote:

She [Lara Giddings, not the cat’s mother] became a staunch defender of it and her Greens ministers, and in March last year said she would “absolutely” have Greens back in cabinet after the next election.

That’s 20 pars into the story before a source is supplied and then it’s a source negative to the intent of the story. But it is also at least 10 months old.

The first recent quote comes in par 22, and it’s another long paraphrase with only two pretty inconsequential words in quote marks:

Yesterday, Ms Giddings refused to say whether Labor would rule out future power-sharing with the Greens, instead confirming a decision would be made in “coming weeks”.

The full Giddings quote is then repeated two pars further down:

“You can wait and see what we have got to say over the coming weeks and months as we head to the election and where we are heading as the Labor Party,” she said.

You might think that by now, the plucky Mr Denholm would give up, but no for that is not the way at the nation’s finest broadsheet. When you don’t have a story and the on-the-record statement from the key source hoses down your speculation. Don’t give up, make it up.

Matthew ploughs ahead with the main theme of the story, despite the fact that he has got no on the record response from sources that back up his understandings.

A complete reversal by Giddings-led Labor follows similar stances against deals with the Greens taken by the party’s leadership in other states and territories.

Hang on. What “complete reversal”. All the paper has is a coy wait and see from Lara Giddings.

This EXCLUSIVE is a beat-up and it wouldn’t pass muster in my first year journalism tutorials. We insist on two real live interviews in most news stories our students write for us and normally we expect to see a strong supporting quote in the first four pars, not buried in the spill-over to page four. The headline might more honestly have been “Giddings says ‘wait and see’ on possible split with Greens”

If Matthew were in my class I would suggest he rewrite this as a story about Lara Giddings saying any decision on a split with the Greens is still weeks or months away. In other words, it is a non-story.

Why then is it on the front page as the lead in The Australian?

You’d have to ask Chris Mitchell for the real answer, but here’s one I made up earlier.

The story fits the ongoing narrative running through News Limited newspapers that the Greens are really communists in disguise, are bad for the country, are crackpots and fuckwits and part of the reason that Labor is so unpopular. Any EXCUSIVE that promotes the party line and has a bash at both Labor and the Greens has a deserved place on the front page.

The front page of The Australian is the front line in Murdoch’s war on logic.

My favourite front page EXCUSIVE in this particular edition of The Australian was a story about the tow-back of asylum-seeker boats to Indonesia. You might recall (by way of background) that Immigration Minister Scott Morrison and other senior Liberals, including Abbott, are maintaining a horrible secrecy on this issue and most of our information is courtesy of reporters in Jakarta, not Canberra.

Navy now ‘towing’ back the boats

EXCLUSIVE

Brendan Nicholson, Defence editor

The lead par on this story is a statement of the bleeding obvious:

The Abbott government is implementing a radical policy of towing asylum boats back to Indonesian waters.

Yeah, we know that Brendan, it was on the news last night and all over the web all day yesterday. An exclusive is supposed to be new and a story that nobody else has got hold of yet.

The cat is out of the bag on the exclusivity of this story in the long second par:

The Jakarta Post reported yesterday that…

After noting (without comment) that Morrison is refusing to speak, we are exclusively told in The Australian that “last night” an asylum-seeker spoke to “the Seven Network” about the tow-back. I didn’t see that interview, but I did see it on the ABC and the SBS.

There goes the EXCLUSIVE and the story tips over into being an EXCUSIVE again.

In this case the excusing is inserted by republishing a quote from Tony Abbott from his visit to Jakarta in October last year when he flatly denied that towing back boats would be Coalition policy.

During his first visit to Indonesia as Prime Minister, in October [2013], Tony Abbott told a media conference in Jakarta: “Can I just scotch this idea that the Coalition’s policy is or ever has been tow-backs.”

The faithful stenographic chimp who occupies the chair reserved for the ‘Defence Editor’, dutifully repeats the lies as a way of hosing down the seriousness of this story:

During the election campaign, Mr Morrison said the Coalition never had a policy of towing boats back to Indonesia. He said that position had been misrepresented in the media over a long period.

You see, weasel words and dissembling are enough to convince The Australian that it is right. The coalition policy is “turnaround, not strictly tow-backs” according to Abbott, so that is how it is reported in the Murdoch press.

This is not an exclusive in any sense of the word. All the information contained in the story was already on the public record. What is EXCLUSIVE to this story is the EXCUSIVE pro-government spin imparted by the paper itself.

Four more EXCLUSIVEs appeared between pages two and five of The Australian on 9 January, some of them might be legitimate — ie stories that are first reported in the paper and not elsewhere, but at least one of them is exclusive because no one else would touch it. It is another EXCUSIVE based on the prejudices of The Australian, rather than any merit.

In this context EXCUSIVE is about campaigning in the dog whistle political style of The Australian — attacking targets in the sights of the Abbott government as a way of currying favour and displaying fealty to the Liberal conservative social agenda.

Uni defends audience with Assad

EXCLUSIVE

Christian Kerr

This is a follow-up story to other coverage of the visit to Syria and audience with Bashar al-Assad in Damascus by a group claiming some connection with the Australian Wikileaks party.

For the record, I think the visit was a stupid and disgusting mistake on behalf of those who went. It lends legitimacy to the Assad regime and also to claims that the Syrian opposition is mostly made up of al Qaida-style extremists.

I have publicly disagreed with Tim Anderson before about this and a year ago defriended him on Facebook after he continually posted pro-Assad comments and images to his timeline. I am a strong supporter of the Syrian opposition, but do not countenance jihadist sentiment. I support the secular revolutionaries and those who wish to bring down the Assad regime, rather than those who wish to establish a caliphate in the region.

Anyway, back to the story. The Australian had been pestering the University of Sydney (Anderson’s employer) to dissociate itself from his visit to Damascus and to condemn or even sanction him for his actions.

Despite this pressure, the university stood by Anderson on the grounds of academic freedom and it was right to do so. This is reported in the first par of Christian Kerr’s story, but it is just not good enough, as he goes on to explain (at great length)

The University of Sydney has defended as an exercise in academic freedom the visit of senior lecturer Tim Anderson to Syria as part of a delegation that met dictator Bashar al-Assad.

But the comments have not satisfied Education Minister Christopher Pyne or a group of federal MPs who wrote to the university earlier this week expressing concerns…

Then we move back into the murky territory of who understands what — can you hear the whistle boys and girls? This is Kerr’s stock-in-trade and a tried and true modus operandi at The Australian. Ethical Martini understands that this method is used because the stenographic chimps can learn it by rote and apply the formula to any story and any situation.

The Australian understands there is concern among the university’s top governing body, the senate, that Dr Anderson’s visit will compound concerns caused by the boycott of Israeli institutions and academics by its Centre for Peace and Conflict Studies.

This is the real nub. The Australian has been campaigning for months against the BDS campaign boycott being implemented by the CPCS because the paper is pro-Israel and pro-Zionist thanks to Murdoch’s business interests in the country, including possible covert hacking and spying on competitors in the pay-TV industry. [See Neil Chenoweth’s exposure for the full story]

This brings us nicely to the appointment of Donelly and Wiltshire to head up a review of the national school curriculum. Both of these neanderthal hacks are favourites of Murdoch and Mitchell. They frequently opine in The Australian on education and other issues and they are both reliably rightwing to the point that they walk with a limp.

I have plenty more to say on that, but it is Sunday afternoon and I’m going off for a massage.

Tomorrow I am having surgery on my hand and I won’t be typing for a while, so this is the last post, so to speak, for at least two weeks.

 

 

 

 

 

 

 

 

 

 


Jahar – like a Rolling Stone

July 21, 2013

Jahar Tsarnaev on the cover of Rolling Stone, July 2013

It seems to me that the ‘portrait’ of Dzhokhar Tsarnaev on the cover of Rolling Stone is actually quite appropriate. If you bother to read the article, the picture that friends and acquaintances paint is very close to the image on the front of the magazine.

I wonder how many of the vociferously complaining patriots have looked inside to actually read the article?

I also think that Rolling Stone’s justification for the story and for the cover image is sound.

Our hearts go out to the victims of the Boston Marathon bombing, and our thoughts are always with them and their families. The cover story we are publishing this week falls within the traditions of journalism and Rolling Stone’s long-standing commitment to serious and thoughtful coverage of the most important political and cultural issues of our day. The fact that Dzhokhar Tsarnaev is young, and in the same age group as many of our readers, makes it all the more important for us to examine the complexities of this issue and gain a more complete understanding of how a tragedy like this happens. –THE EDITORS

The first par of this apologia is just boilerplate. No American publication could cover this event without first expressing sympathy for the victims. Perhaps the mistake the editors made was thinking that such a statement would be enough. But, at the end of the day, trying to satisfy or mollify the redneck patriotic sentiment of most whitebread Americans is a thankless, if not hopeless, task.
I also can’t help but wonder what the reaction would be if Rolling Stone were to put Trayvon Martin on the cover. He’s another young American male who fell foul of the system. He ended up dead, shot in the heart by a part-time security guard who has recently been acquitted of criminal responsibility for Martin’s death.

The right stuff

Janet Reitman’s portrait of Dzhokhar Tsarnaev is comprehensive and well-written. Just about everyone she’s talked to for the story — Tsarnaev’s friends and his high school wrestling coach — all express their shock and disbelief that the quiet, dope-smoking young American they knew could be the same Jahar who appears in this series of images, emerging bloody and bowed after his capture by heavily-armed Boston police and FBI agents.
It is also relevant to have a discussion about the moral and artistic merit of these photos, taken by a police ‘tactical photographer’. This one, in particular, makes Jahar look like a wounded 21st century Jesus figure.

Dzhokhar Tsarnaev at the moment of capture by Boston police

By all accounts, Dzhokhar Tsarnaev was an all-American, high school sweetheart and mother’s favourite son. His Chechen background, while obviously key to his overall personality, seems to recede in the background in Reitman’s piece. The picture we get from listening to Jahar’s many friends talking to Reitman is that he was almost too good to be true.
“He was smooth as fuck,” says his friend Alyssa, who is a year younger than Jahar. Girls went a little crazy over him – though to Jahar’s credit, his friends say, even when he had crushes, he never exploited them. “He’d always be like, ‘Chill, chill, let’s just hang out,'” says Sam, recalling Jahar’s almost physical aversion to any kind of attention. “He was just really humble – that’s the best way to describe him.”

Cara, a vivacious, pretty blonde whom some believe Jahar had a secret crush on, insists they were just friends. “He was so sweet. He was too sweet, you know?” she says sadly. The two had driver’s ed together, which led to lots of time getting high and hanging out. Jahar, she says, had a talent for moving between social groups and always seemed able to empathize with just about anyone’s problems. “He is a golden person, really just a genuine good guy who was cool with everyone,” she says. “It’s hard to really explain Jahar. He was a Cambridge kid.”

What’s not to like about this boy? the cover image seems totally appropriate. It screams out the contradictions in this young man’s life that saw him transform from the quintessential nice kid into someone capable of a cold-blooded act of terrorism.

The Wrong Stuff

It seems many Americans don’t want to know the truth about Jahar Tsarnaev and the hundreds of thousands of kids like him in towns and cities across America. If Jahar can turn on the society that he made his own and that made him welcome as a refugee and a citizen, then what’s to stop hundreds more from doing the same?
It’s much better, it seems, to demonise Dzhokhar Tsarnaev through the lens of the terror frame and to imagine him as a ‘Chechen’ with an ideological chip on his shoulder and as holding the devout (read ‘exrtremist’) views of his faith.
But that is not what Janet Reitman found. She reports that others in Jahar’s circle of friends had converted to Islam and that this was not seen as anything out of the ordinary.

A few years ago, for instance, one of their mutual friends decided to convert to Islam, which some, like Cara, thought was really cool, and others, like Jackson, met with a shrug. “But that’s the kind of high school we went to,” Jackson says. “It’s the type of thing where someone could say, ‘I converted to Islam,’ and you’re like, ‘OK, cool.'” And in fact, a number of kids they knew did convert, he adds. “It was kind of like a thing for a while.”

Yep, strange as it may seems to some of us, but this is a ‘thing’ now. When I was in high school I went to a Christian fellowship and I remember a tearful ‘coming to Jesus’ in the backseat of a friend’s car. I even got my own Bible. A few weeks later it was all over and I was back to being a fairly insistent non-believer. The only reason I went to fellowship was to get out of the house on a Friday night with money in my pocket, go into the Wagon Wheels hotel for an underage schooner and then try to pash one of the fellowship girls in the church graveyard.
I went on to become a level 7 aetheist and hardcore communist, but I never wanted to blow people up.
It seems that Tsarnaev expressed a certain amount of anti-American politics – such as not agreeing with its imperialist foreign policy – but that too, I would argue, is par for the course among that late teen age group. It is a time of rebellion, some of us never grow out of it, but most do.
What this episode really shows is that there’s no easy answers and that stereotyping is a foolish waste of time. But the reaction to the Rolling Stone piece is a little OTT. It is seen as being too sympathetic to the young man, but in tone and content it is not that different from a Boston Globe profile of the Tsarnaev brothers published in April 2013. There’s a fairly nice portrait of Jahar in that piece too.
Jahar Tsarnaev from a Boston Globe video

Jahar Tsarnaev from a Boston Globe video

A disturbing coincidence

There’s another disturbing link in this case that is another piece of the Tsarnaev puzzle.
It seems that the older Tsarnaev brother, Tamerlan, is now being implicated in the September 2011 murder of a small-time Boston drug dealer and two others.
That killing occurred on either the 11th or 12th of September and the link to ‘9/11’ is now being theorised as deliberate.
Conveniently, another Chechen, who lived in Boston and was a friend of Tamerlan Tsarnaev, is alleged to have confessed to police that he and Tamerlan were involved in the drug dealer deaths, though at the time neither was questioned.
Even more conveniently, the police who questioned Ibragim Todashev about Tamerlan, say he was shot and killed by them during a ‘disturbance’ and just at the point in an interrogation where he was going to confess to his and Tsarnaev’s involvement in the drug dealer killings.

Todashev was fatally shot by an FBI agent at his condo near Universal Studios in Orlando, Florida just after midnight on Wednesday.

He had allegedly turned violent as he was preparing to sign a written confession to his and Tsarnaevs involvement in the 2011 triple homicide, said authorities.

‘The agent, two Massachusetts State Police troopers, and other law enforcement personnel were interviewing an individual in connection with the Boston Marathon bombing investigation when a violent confrontation was initiated by the individual,’ the FBI said in a statement.

‘During the confrontation, the individual was killed.’

This is a more comfortable narrative for many Americans. It makes the point (true or not) that at least one of the Boston bombing perpetrators was already a crazy fucking terrorist two years before the marathon attacks.
That explains everything, doesn’t it?

Rupert Rinehart: Australia’s new fair and balanced (free) news media

June 24, 2012

Let’s drop the pretence that there is freedom of the press in Australia.

Let’s also recognise that the Rupert Rinehart media future is anti-democratic and a threat to our collective rights as citizens to have freedom of speech and freedom of expression.

Make no mistake, the Rupert Rinehart media want it all for themselves. Their freedom of the press comes at the expense of our freedom of thought and our freedom of action.

It is a nonsense to pretend that a Gina Rinehart controlled Fairfax represents the exercise of free speech just as it is bullshit to argue that New Limited is a paradigm example of freedom of expression in action.

Tx: Road less travelled – click for link

Murdoch sets the tone at News Limited and it is he alone who has freedom of speech across his newspaper titles. His minions either carry out his wishes or find themselves another job.

If Rinehart gets her way – and she will – then it is she who will set the editorial tone across the Fairfax titles. Her interest in Fairfax is not commercial, its political. The idea that she is a white knight who will turn around the fortunes of the failing company is a fairy tale.

‘What’s the problem?’ the free speech fundamentalists will ask. They will answer for themselves. The owner of the business, or in Gina’s case, the major shareholder, has the right to set the editorial line.

‘After all, it is their paper to command.’ The fundamentalists will then cross their arms with a smug smile of the self-satisfying undergraduate mass debater plastered across their chops.

Unfortunately, this argument is jibber jabber of the worst order.

Read the rest of this entry »


Talking Points: The Australian’s cosy little club of groupthinkers

May 25, 2012

If you get to the bottom there is a topical easter egg surprise for loyal readers.

Over recent months many of my colleagues in the Journalism Education Association of Australia (JEAA) have attempted to get responses to The Australian’s attacks on us (over many months) published. We have had very little luck. One open letter that was sent from the association with more than 50 signatures was made available as a PDF from a deep recess of The Australian’s website,but not easily searchable and just last week I received this response from editor of Media Diary Nick Leys.

A right-of-reply @leysie style

Some of the attacks have centred on Dr Matthew Ricketson who was engaged to assist with the Independent Media Inquiry. The Australian‘s coverage of this issue has been appalling and one-sided, but when Matthew tried to defend himself he was not given space, instead Nick Leys cobbled together a piece from second-hand sources. It is what The Australian‘s editor-in-chief Chris Mitchell would call “four or five out of 10” journalism.

Editor in chief of The Australian Chris Mitchell questions the journalistic credentials of those passing judgment on the industry. “Ricketson, Simons and their mate Andrew Dodd (Crikey contributor and Swinburne University of Technology journalism course convener) all worked for The Australian and you would give them barely a pass mark as journalists,” he says.

“Seriously. People who I would score four or five out of 10 are trying to determine the future of media regulation in Australia. Everyone in the business knows it is a self-serving joke and these people are dupes for Conroy.”

Chris Mitchell quoted approvingly and at length in his own newspaper. A cosy club Chris – you’re the patron

As the national association representing journalism educators and academics, you might think that the JEAA would be given some space to respond to criticisms and abuse hurled at us. For some reason, we are not considered worthy of space in the paper’s letters pages, let alone to write a column.

We have been accused of being a “cosy club” prone to  “groupthink” even though there are many disagreements among us. It is a puzzling charge and one that The Australian rejects when it is levelled against them.

It is puzzling because the op-ed pages of The Australian display a remarkable and consistent commitment to groupthink. Its columnists all sing off the same conservative songsheet with the libertarian soloists taking center stage all too often.

However, it might come as a surprise to readers of our national broadsheet that this same groupthink is also displayed in the letters pages.

For example, Mr Brenton Minge, of suburban Bulimba in Brisbane, must be one of the luckiest writers of letters to the editor in Australia. A Google search shows up a Brenton Minge who it seems has a  bent for letter writing, particularly on topics of religion, science and the “Leftist” ABC.  Maybe this is why he so popular with The Australian‘s letters editor.

Mr Minge has had nine letters published in The Australian’s Talking Points column since May 2011, for a total of around 1400 words. He is not the only one.

Read the rest of this entry »


Media business as usual after Convergence Review

May 4, 2012
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Dull grey tone: media organisations are “Content service enterprises”, according to the Convergence Review.
AAP

The Convergence Review’s final report is remarkable for its blandness and predictability.

Despite the cries of fear and loathing from the Murdoch stable that the cold hand of government intervention was upon us, the review has explicitly rejected Ray Finkelstein’s suggestion that a statutory News Media Council should be established by legislation.

What we have in this report is an attempt to play regulation catch up with digital convergence, while preserving flexibility to adapt quickly to further change. It is a difficult balance and the report fails to meet the challenge.

The Convergence Review has opted to suggest a set of principles, rather than prescription in order for any new regulatory regime to remain nimble and effective. Unfortunately, the recommendations are weak and in some cases almost totally unworkable.

Read the rest of this entry »


Telco giants do the techno-legal time warp, again

February 3, 2012

Telecommunications giant Optus managed to convince the Federal Court in Sydney this week that there’s a legal blindspot in relation to its download pay-per-view service.

Telstra – given its business relationship with The National Rugby League (NRL) and Australian Football League (NFL) – had tried to prevent Optus from recording and re-broadcasting matches screened on free-to-air television.

But Justice Steven Rares found Optus’s mobile television service didn’t breach the Copyright Act for a couple of reasons: Optus keeps separate recordings for each customer, and individual customers are responsible for requesting the recordings.

So what’s going on here?

To my mind, former rugby league coach Roy Masters – ever the shrewd observer – hit the nail on the head when he wrote the following for the Sydney Morning Herald yesterday:

“They framed the copyright laws to protect the average punter from being sued for taping a TV show, including a football match on his home recorder. Now, their legislation is being used by Optus to sell a service.”

Naturally, Telstra has concerns. The AFL’s A$1.25 billion five-year rights deal signed last season with Channel Seven, Foxtel and Telstra, included a A$153m payment by Telstra for the online broadcast rights to games. The NRL, likewise, expected a proportion of its next deal to come from internet rights.

[first published on The Conversation, 3 Feb, 2012]

Read the rest of this entry »


Academic, Media & Religious Freedom ~ Not ~ in Fiji

August 28, 2011

by Dr Mark Hayes

Update, September 4, 2011 ~ This Post started out as something else, but, over the last week of August, 2011, it morphed into a major, running, UpDate on developments in Fiji, several currents of which seemed to coalesce with very worrying speed and intensity. Most of it was written over August 27 – 31, with some tweaking and a few extra links added, until September 4.

I also know this Post has been read in Fiji, as well as more widely.

I won’t update this Post again, but will link to it as relevant in any future Posts on the general topic of Fiji, of which there will be more when events there suggest it and I decide I have something useful to contribute.

Of course, the Comments section remains active and I welcome any comments, which will not be censored (aside from normal, journalistic, editing as to clarity, legals, and taste).

Original Post continues –

I started to compile a more comprehensive wrap on recent developments in Fiji – more attacks on unions, the media, the Methodist Church – but then things started moving so fast on several fronts that I gave up, and will get to the bits and pieces, with much more context, in due course.

Scroll down for material on More Fantasy and Nastiness in Fiji, traversing the latest round on the Fiji regime throttling the Methodist Church, more on how media freedom is also throttled in Fiji, how the University of the South Pacific throttles academic freedom, continuing raids on the Fiji National Provident Fund, and insights into Fiji’s justice system under the military dictatorship.

Why Civil Resistance Works

A long anticipated and exceptionally valuable study, Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict, by American scholars, Erica Chenoweth and Maria J. Stephan, has landed on my desk. This is formidable and very thorough scholarship of the very first order which assembles and analyses a vast amount of historical and contemporary data to show, about as conclusively as this kind of research can do, that nonviolent direct action is much more effective at removing dictators, supporting democracies, and challenging domination than armed resistance or terrorism. That’s a huge claim, to be sure, and their work deserves a very close read, which I’m doing now.

You can get a feel for the book from this article, published in Foreign Affairs by Erica Chenoweth on August 24, 2011, and this earlier article, by Erica Chenoweth and Maria J. Stephan, “Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict.” International Security 33, no. 1 (Summer 2008): 7-44 (172 k PDF).

As well, I’ve been watching an excellent documentary on the impacts of global warming on Kiribati, The Hungry Tide, which has added to my collection of material on this crucial issue, has been doing the rounds of Australia’s film festivals recently, and brought back acute memories of my trips to Tuvalu where I’ve seen, and reported upon, the same kinds of effects.

More recently, Australia Network Television’s Pacific correspondent, Sean Dorney, has been to Kiribati to report on frustrations experienced from global warming’s front lines as they try to access mitigation funding and assistance pledged after the Copenhagen conference. His reports, including one on Radio National’s Correspondent’s Report for August 20, 2011, have been outstanding.

Sean Dorney’s Australia Network Television News Kiribati story ~ August 8, 2011

But, Memo to the always terrifying ABC Standing Committee on Spoken English (SCOSE) – Please come for Correspondent’s Report presenter, Elizabeth Jackson, for two broadcasting sins. Firstly, she mispronounced the name of the place ~ Kiri-bas ~ and not Kiri-bati. Secondly, she did so twice, in the introduction to the story, and again in the backannounce, clearly demonstrating she didn’t listen to the story she was presenting, in which the reporter pronounced the name correctly. Back in my days at the ABC, we’d be flogged in the car park for such gross violations of SCOSE directives!

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All a twitter over #superinjunction tweets. Advice to celebs “STFU”

May 21, 2011

So, the gloss is wearing off social media; the excitement is waning and the holy-roller experts are starting to sound like hollowed-out snakeoil sellers after a beating in the Dry Gulch town square.

We have been taken for a ride once too often. The world of celebrity tweets as a viral marketing tool may (hopefully) be over now that the super injunction scandal is hitting harder at so many British Nobs and Toffs.

But this stupid, Luddite old judge in the UK has got his judicial robes in a twist over the very obvious techno-legal time gap that has the Twitterverse all a-gush over trying to guess who’s got a super injunction in place preventing publication of details about their personal lives.

Attempts to identify a famous footballer hiding behind a privacy injunction have spiralled into an online battle over freedom of speech, as internet users responded to high court action by repeatedly naming him on Twitter.

The high court granted a search order against the US-based microblogging site on Friday as the lord chief justice, Lord Judge, warned that “modern technology was totally out of control” and called for those who “peddle lies” on the internet to be fined. (Guardian.co.uk)

It highlights once again the ever-widening void between rich and poor that super injunctions (whose very presence was itself suppressed until a few weeks ago) are available to those who can pay a high-priced whore-of-QC to front the Lords of the Court behind closed doors and tightly-drawn velvet curtains and get unsavoury details and incidents suppressed.

BTW: the footballer is apparently Manchester United’s Ryan Giggs, but that’s just a rumour I picked up on Twitter. I’m willing to repeat it because I don’t really care. I think Ryan Giggs is a great player, but the whole idea of banning coverage in the media via an all-inclusive and secret gagging order is disgusting. On balance, naming the celebrities and public figures caught up in this is the least of sins.

Giggs apparently spent 50,000 pounds on the injunction reportedly to keep his name out of a sex scandal involving a woman called Imogen Thomas who seems to be famous for taking her clothes off in lad mags like Zoo and Loaded.

Ms Thomas working hard for the money

Giggs probably didn’t want his family to know about his affair with her.

Now Giggs has outed himself by suing Twitter, Ms Thomas and several Twitter users who named him in tweets. According to the Guardian, it is possible a tabloid news organisation first leaked his link with Thomas and the superinjunctions.

A PREMIERSHIP footballer is suing Twitter and several of its users after information that was supposed to be covered by a super-injunction was published on the micro-blogging site. (The Scotsman)

Giggs was named by Spanish media ahead of the Man U v Barca UEFA Champions’ League final next weekend. Perhaps a little pride and niggle in that?

All I can say to that is “Idiot”. Did Giggs really think that suing Twitter was going to shut this matter down.

It seems that Ms Thomas was a former Big Brother contestant and she is upset that Giggs was able to keep his name out of the papers while she is the centre of allegations she tried to blackmail the Premier League player.

‘Yet again my name and my reputation are being trashed while the man I had a relationship with is able to hide.

‘What’s more, I can’t even defend myself because I have been gagged. Where’s the fairness in that? What about my reputation?

‘If this is the way privacy injunctions are supposed to work then there’s something seriously wrong with the law.’ (Daily Mail)

But, wait it gets worse. Now grubby politicians are getting into the act of breaking suppression orders and super injunctions. A Liberal Democrat in the UK has used parliamentary privilege to attack a merchant bwanker for an alleged sexual dalliance.

Lord Chief Justice Lord Judge criticised MPs and peers for “flouting a court order just because they disagree with a court order or for that matter because they disagree with the law of privacy which Parliament has created”.

Yesterday Lib Dem peer Lord Stoneham used the protection of parliamentary privilege to reveal allegations that former RBS boss Sir Fred Goodwin had taken out a super injunction to conceal an affair with a colleague at the bank. (epolitix)

Why are these people so ashamed of what they’re doing? The fuckers (and they are at it like rabbits) should either stop shagging with people they’re not supposed to or learn to live with the consequences of their actions.

Are we over it yet?

The most sensible #superinjunction tweet

Some numbers that don’t add up

My colleague Joseph Peart put together some numbers for me regarding the use of Twitter and they are interesting.

Stats from Fortune magazine, May 2, 2011 (pp42 – 45). “Trouble @ Twitter” by Daniel Roberts

• 47% of those who have Twitter accounts are no longer active on the service.

• The time spent per month has dropped from 14min 6sec in 2010 to 12min 37sec in 2011. (Joseph Peart estimates that if usage continues to drop at 1 ½ minutes a year; by 2020, there will be no Twitter users.)

• 40% of Tweets come from a mobile device.

• 70% of Twitter accounts are based outside the U.S.

• 50% of active users access Twitter on more than one platform.

• Not all Twitter users are tweeters: less than 25% of users generate more than 90% of worldwide tweets.

• Ashton Kutcher and Britney Spears have more Twitter followers that the entire populations of Sweden or Israel.

Then, from the book “Socialnomics” by Erik Qualman.

• We no longer search for the news the news finds us via social media.

• 96% of Millenials have joined a social network.

• Facebook tops Google for weekly traffic in the U.S.

• If Facebook were a country it would be the World’s 3rd largest.

• 60 million status updates happen on Facebook daily.

• 50% of mobile internet traffic in the UK is for Facebook

• It seems that Gen Y considers email passé, so some Unis have stopped distributing email addresses and are distributing eReaders, iPads and/or Tablets

• YouTube is the 2nd largest search engine in the world

• There are more than 200 million Blogs worldwide.


Saurons of cinema: Gobbits and Quislings in a tale of ‘yore

April 9, 2011

The drafty Stalinesque lecture hall underneath Auckland’s trade union headquarters in Grey Lynn was a fitting stage for the evening of ‘serious fun’ and ribald politics, earlier this week, when Warner Brothers won the despised and coveted Roger Award for the worst transnational operating in Aotearoa/New Zealand.

It was fitting that the gun-running, racist lackey Bugs Bunny was on hand to accept the Roger on behalf of his bosses.

Bugs Bunny takes home the Roger for God-knows-what nefarious doings. Photo Nigel Mofiet

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