Showing posts with label regulators. Show all posts
Showing posts with label regulators. Show all posts

14 November 2016

The dogs' breakfast

Look, I have a long and winding draft on the US election that I'm still trying to work through, ok? What follows here is a diversion into the politics (and coverage thereof) of my native state of New South Wales, which is ready to go out now. I beg the indulgence of regular readers.

The NSW government committed itself to a significant building program of both public infrastructure and private housing. The departure of Troy Grant as Deputy Premier puts all that in doubt, and the coverage of this misses the point entirely.

In order to pull off an agenda like that, a government needs a nice-guy leader, personable but firm, with an offsider who is a bastard and an enforcer of the steely will the leader never fully shows the public. Everywhere that has successfully pulled off a vast rebuilding program - Haussmann's Paris, Robert Moses' New York, Max Brauer's Hamburg, Lee Kuan Yew's Singapore, Zhu Rongji's Shanghai - saw a charismatic leader with one or more arm-twisting bastard enforcers to get things done.

Grant was Mike Baird's bastard. A police officer for 22 years, he joined the Nationals and won the seat of Dubbo in 2011 from independent Dawn Fardell. He was a backbencher until Barry O'Farrell resigned in April 2014. Nationals leader Andrew Stoner had bought into the development ethos that had consumed the Liberals, insisting that some of the largesse from electricity sales also go to regional NSW; when Stoner stood down six months after O'Farrell, there was no succession plan. Grant had the numbers to become Nationals leader and Deputy Premier.

Being new to politics did not stop Grant taking advantage. He became Minister for Police, leapfrogging his old colleagues who had avoided being posted to Dubbo. He became Minister for Justice as well, breaching the old protocols where the minister for one could not be minister for the other; he outranked the Attorney General, Gabrielle Upton, whose namby-pamby concerns about due process were swept aside by a copper's pragmatism. He combined this with the ministry of Gaming and Racing, putting him in charge of real power with liquor and pokie licencing - as well as Arts, because hey why not and who else in the government wants to do that? Grant aggregated all this power at a time when the Coalition had a vast backbench, full of apparently talented and hard-working potential ministers.

When Baird wanted to curtail liquor trading hours in the inner city, Grant backed him. Police and health workers cheered the move, but the denizens of the city's bars and clubs hated it - and seemed to have no recourse, not to nice-guy Baird, not to the bastard enforcer Grant.

When Baird resolved to ban greyhound racing in 2015, it was to please the same skittish urban base that had embraced Julia Gillard's ban of live cattle exports to Indonesia in 2011. A once working-class past-time had been forced from the inner city to the urban fringes and to rural areas that aren't desert, or pricey prime land, or subject to fracking, or too far from traditional greyhound racing centres in Gosford, Dapto, and Wentworth Park. It was never a big industry and had no champions who were big donors with access to the political class. No migrant group embraced it, it attracted few young people, and with a cut to its subsidies and a bit of compensation it might well have been dispatched into history with its ageing adherents. Grant backed him, and developed the legal and policy mechanisms to make it happen.

As with urban planning or electricity sales, the consultation was broad, but firm; the government isn't backing down on this, but by all means let's talk and money will be available. The legislation passed, and the machinery whirred into action.

If greyhound racing didn't matter, it didn't matter if the ban was overturned. Nobody was asking Baird to go back on something big and important, like WestConnex. By championing greyhound racing, Alan Jones emboldened conservatives who needed votes from lower-income earners and helped them to an easy, low-consequence win over the powers-that-be grinding through the big projects. Jones gives most governments free rein but he expects them to kowtow when he jerks the chain, seemingly at random, whether the issue is large or small. Baird saved his government with the backflip, even if he lost the sky-high ratings a Sydney politician needs to brush off Alan Jones.

Baird didn't want to look like either the bad guy or a backflipper; Grant, who had put the anti-greyhound mechanisms in place, had to undo broad and careful planning and write off the compensation. Labor embraced the greyhound cause for the same cynical reasons Barry O'Farrell used against electricity privatisation in 2008, ending the career of then-Premier Morris Iemma and sending the Labor government into a death spiral. The Orange byelection, brought on when state MP Andrew Gee went to Canberra, came when Grant was exposed and vulnerable.

The trouble with sweeping aside protocols and niceties to make big things happen is that you have to bring people with you. Grant had successively alienated long-standing members of the Nationals such as Katrina Hodgkinson and serial boofhead Andrew Fraser. The Orange byelection is an excuse for getting rid of Grant, not the hill he chose to die on. Grant did not have Baird's residual nice-guy image, nor the depth of experience within the Nationals to smooth ruffled feathers. Hodgkinson and Kevin Humphries had been dumped as ministers, in a party not exactly replete with talent and which needs to have its best members tackling the Liberals, Independents and other forces threatening the party's very existence. Grant's country copper instincts, to start with a chat but end with a boot up the arse if needed, had gone so far but no further.

Grant rose like a rocket and fell like a stick, at which I neither mourn nor revel. I never imagined we'd have a Deputy Premier named Troy; I just assumed it was unconstitutional or otherwise unfeasible. It will be interesting to see what happens now:
  • Apparently the new Nationals leader will be John Barilaro, who like Baird comes across as a nice guy and not at all an arse-kicker like Grant.
  • As Vocational Education minister, Barilaro had his run-ins with Education Minister Adrian Piccoli; we'll see how things change when the difference in seniority between these two men is reversed.
  • Interesting to see who becomes the new Police Minister, a source of real power vastly underestimated in state politics. Will the Liberals bring back Mike Gallacher, or is it too soon? Is he content to join the Liberal Right's factional silly-buggers over preselections, angling for a Federal role?
  • Will the Attorney-General be able to reassert due process over the new minister(s) for police and justice?
  • What of the regulation of liquor, pokies - or greyhounds, for that matter?
  • Will the momentum of big road, rail and other "once in a lifetime" infrastructure projects stall?
  • Will arts funding (increasingly important to the sector since federal cuts) stay close to the city's elite, or be dispersed by a new minister from far beyond?
  • In Dubbo, Grant had learned to speak Wiradjuri. No other NSW government minister, apart from Linda Burney and some 19th-century Renaissance men, learned an Aboriginal language.
  • Imagine Andrew Gee regarding his old seat, in the heart of his federal electorate, that has registered a 30% swing against the Nationals. Gee had entered state parliament in 2011 as Grant had, but never became a minister. He has joined a government less popular than Baird's, with a Nationals leader more cunning but less capable than Grant. No federal MP is safe from a 30% swing.
  • Speaking of people considering their future - Grant has been forced out of the Deputy Premiership and faces the undoing of two years of work. Why should he stick around until the next election (in 2019)? His seat of Dubbo adjoins that of Orange, with similar demographics and issues ...
Apart from the prospect of a byelection in Dubbo and a bit of soft-soap work on Barilaro, NSW political journalists haven't started on any of the above issues. NSW politics has been reshaped almost as profoundly as New Zealand's South Island. Grant was significant enough, in less than five years, to leave a vacuum in his wake. State political rounds should be across all of those issues and plenty more, yet they've just clustered around the same set of talking points which make no difference to anyone but the journalists themselves.

30 May 2013

Where's the money going to?

We could talk about this public funding of elections thing, I suppose; how it's both outrageous and at the same time just what you'd expect from those people, whether the government is responsible for a Liberal backflip, and all that David Copperfield kind of crap.

We could talk about political funding as some sort of human right, where the more money you have the greater your right to donate it as you will, and that donations should be as secret as the votes that are cast. This would only be appropriate if there were well-empowered investigative and enforcement mechanisms against fraud and bribery (including serious measures against offenders such as massive fines, imprisonment of individuals, prevention of offending individuals and parties from contesting elections), and because that won't happen I don't support uncapped donations, and I don't agree that donations should be kept secret. The issue with political donations is always the quid-pro-quo, and if you're not going to chase that down then don't even bother. There are bigger questions when it comes to human rights, frankly.

It's taken as given that political parties these days need vast amounts of money, in the tens of millions, a need that cannot be slaked or even questioned. I'm interested in why political parties need that amount of money.

It can't be the broadcast media; declining audiences and financial mismanagement mean that it is less expensive, not more so, to run a national campaign.

It can't be direct mail; that technology peaked in the 1990s and the costs of postage and other processing have hardly skyrocketed since then. Hopefully the one lesson to be learned from the Howard government's re-election campaign in 2007 is that it is a very, very long way from being the be-all-and-end-all when it comes to effective political campaigning. When Grahame Morris recently used direct mail as an example of sophisticated modern electioneering he just looked like a sad old relic.

It can't be online campaigning (and here I lump broadcasting via bogusurl.com.au-type websites and social media tools in together); it costs less than you might imagine, and anyway Australians have barely embraced a fraction of the online campaigning tools available to political parties in the US or UK.

It can't be a shortage of 'creatives' to craft advertising copy; there is an excess of such people at a time where big ad agencies and broadcast media outfits are shedding staff, and where there are more graduates of such courses than there are jobs for them to do. Anyone who has been a political staffer could do, and many are doing, that sort of work. Such people earn get less than images of their flash lifestyles might suggest.

There are two reasons why political parties "need" vast amounts of money.

Firstly, they need to take up the slack for a whole lot of electioneering busywork that used to be done by volunteers. Many volunteers have left, and those who stayed are ageing and dying. I was a member of the Liberal Party from 1986 to 2000, and as the election draws closer I think about how I'd be gearing up to distribute material, and both enlist and train volunteers to hand out how-to-votes at polling booths; but as the old song says: baby that was years ago, I've left it all behind.

I think about my late aunt, a Liberal stalwart further to the right than me on Sydney's Upper North Shore; she too ran herself ragged on polling day, but by 2007 she could no longer keep up a full day in the field. I'm sure she blamed herself for Howard's loss to the end; I live in Bennelong and voted for Maxine McKew. By 2010 Aunty Elizabeth was in the grip of the ailment that would kill her later that year, notwithstanding her own almost-indomitable will and her affection for Abbott. I still voted for McKew but most of my neighbours didn't.

Now the ranks of Liberals, and Labor too, are depleted still further. The person who'll offer you a how-to-vote on 14 September may well be paid to do that, and there is no more point in blaming them for the shortcomings of their employer than there is in bawling out a waiter or a shop assistant.

Secondly, parasites like this and that are gobbling up as much money as the taxpayer will throw at them. The idea of, er, pieces like this are not about the issues described in them, but a way of hoping you won't mind him receiving ever-larger dollops of public largesse. Political parties will raise whatever money they have to raise to get the election won. Governments, which political parties offer to run for us, have to trim their budgets in line with restricted income. There are plenty of good businesses full of smart, hardworking people that have hit the wall because cashflow dried up. No major party has ever lost an election because they ran out of money. Even the hopeless NSW Labor government in 2011 had plenty of cash to splash about.

If Hawker|Textor or whomever jack up their fees, the respective party will pay it and use whatever funds are available - whether from the taxpayer, from Mrs Reinhart, Tom Waterhouse, Eddie Obeid, or anyone/anywhere else really. Public funding for elections does not satisfy major parties' urge to outraise and outspend their competition, in the same way that private schools do not lower their fees commensurately when they get extra money from government. Public funding of election campaigns is not some sort of bulwark for our democracy, because the spending is spent by and the services are rendered to a private party, a non-government organisation, whose affairs are not scrutinised by anyone who isn't a member (and not even by most of those).

Advisers/consultants are the people who suggest politicians talk about entitlements and the cutting thereof. They are not those whose entitlements are cut.

Public funding does not head off corruption. The allegations before the NSW ICAC about Ian Macdonald, Obeid and a range of other characters are very grave, and do indeed speak of the culture of NSW Labor. Apparently Obeid impressed then NSW Labor State Secretary Graham Richardson sufficiently to win a spot on the Legislative Council ticket; donations from Obeid and entities associated with him to NSW Labor around that time are hard to detect, and in any case the ICAC seemed focused on other issues.

If NSW Labor had half the public electoral that they've had, or twice as much, would they have made different/better decisions? Should NSW Labor today be liable for the actions of those guys (or of other ministers and premiers not so far investigated publicly)? Have the Victorian Liberals acted improperly over Mr Shaw sufficient to affect their public funding? What about Mr Brough and other LNPQers over Ashby-Slipper? I could go on.

Needless to say, I reject the desperate thesis of Mike Seccombe and John Birmingham that only public funding can save us from the kind of timocracy besetting the US. It's the mentality of the hostage-taker's victim - "Just give them whatever they want!" - rather than focusing on hunting down the hostage-takers. The victory of Obama over Romney last year, with a concerted campaign of exposing people like Rupert Murdoch and the Koch brothers confirms the correctness of focusing on those who would corrupt the system and on not entrenching political advisers as a mendicant class.

No Digger, no sailor or airman, died for the public funding of election campaigns. That money would definitely be better spent on their care and rehabilitation, or even tossed into the gaping maw of the Deficit.

If you want to change government policy, there are ways and means of doing so. It is rarely appropriate to break the law to do so, such as committing acts of violence or jacking up on paying your taxes. Everyone's taxes goes toward things that the taxpayer wouldn't necessarily have spent that money on or even valued very much, but even so I am kind of serious about my intention to collect all the banal political jetsam that comes my way and send it to my accountant with the expectation of a tax deduction.

The government should reintroduce all of those provisions on transparency and disclosure as the final piece of legislation this term, making parliament sit longer in order to pass it if it has to. It probably won't, though.

The case why taxpayers should have to fund election campaigns as well as the elections themselves and other government services is not as strong as that small and loose confederation of the self-interested and the well-meaning-but-shortsighted might hope.

11 October 2012

Media regulation: everything will be all right

But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Brother.

- George Orwell Nineteen Eighty-Four
The only hope for the media in Australia lies in innovation and courage. In the absence of those qualities it will almost certainly plump for more regulation rather than less. This is a reversal from their timeless principles of, oh, earlier this year. It will be interesting to see if the regulators oblige.

Last year there was an inquiry into the way the mainstream media handles complaints, chaired by former judge Ray Finkelstein. At the same time was the inception of a different but related inquiry into the way that online media effectively blurs the distinctions between of previously separate domains of print, audio-only radio and audio-visual TV (known as "the Convergence Review"). At the time, the journosphere consensus was that:
  • both would result in greater regulation of the media; and
  • that greater regulation of the media was a Bad Thing, if not a Threat To Democracy And Free Speech; and
  • that even the merest tweak to existing legislation, let alone A Whole Raft (a raft being the collective noun for legislative measures, apparently) would mean Goebbels and gulags and gabble gabble gabble ...
At around the same time there was a bit of coat-trailing to the effect that if the government funds some journalists (at the ABC and SBS), why not keep all journalists and journalism in the manner to which they/it had become accustomed? This came hard on the heels of sizeable government subsidies support incentives donations to the car industry. Tendentious comparisons were made to public funding for utilities or the arts.

Soon afterwards, the government proposed to retain the internet browsing data of all Australians. They imposed Control Orders on some people and locked others up indefinitely without charging them. The MSM were not as alert to threats to the liberties of Australians as you'd hope their experience would have taught them, focused as they were on former union officials misappropriating expenses and a political staffer who seemed, career-wise, attracted to a politician as sordid as himself.

The whole process demonstrated the sheer bankruptcy of the idea that when the MSM campaigns on an issue, the politicians had better watch out because the public will get right behind it and sweep away any governmental inertia or stalemate. If they can't act in their own interests then their periodic campaigns about public transport or crime or anything else will be worthless: have your say, make a comment.

Then came the Alan Jones thing, which has hit commercial radio in Sydney as suddenly and as decisively as September 11. Jones is the most commercially and politically powerful shock-jock in a town that tolerates them more than most. Much is made of Jones' part-ownership of his station, 2GB, but until two weeks ago he largely carried that station financially: to the victor the spoils. It wasn't as though social media campaigns in this country picked off a succession of commercial radio small-fry before taking on the big guys - target number one was the biggest target in the biggest market.

Notwithstanding Mike Carlton's dump, the fact is that Jones has - had - the veneer of class and success that the rest of the station has always lacked, and which it keens for now. That veneer kept the oldies loyal. It is indispensable to conservatism generally and the myth of that station as the place through which you reach a wide and influential audience: going, going ...

Without Jones 2GB is like Kyle Sandilands without the catchy tunes: reporting on politics, but as remote from it as Sandilands' showbiz gossip is from actually influencing events there. The other presenters on that station tend to be grubs, there is no reason to talk or listen to them.

"Without Jones" is a real possibility. No other radio announcer - not even on the ABC - would have kept their job after embarrassing their station and causing it such massive financial damage. Jones is in his early 70s. It is clear that there has been no succession or key-man planning even assuming that their business model hadn't been broken, which it has been. This is the epitome of sloppy management: a failure to plan for contingencies that are eminently foreseeable.

For 2GB to let Jones go would see it fall off a cliff of relevance. It would concede that their entire business model has failed, that its audience was never as valuable as the ad space fees suggested. It would see the whole station do what Jones accused another man of doing: die of shame.

The fact that Jones and 2GB have gone from dominant to doomed within one ratings period explains why the story has gone on and on: it's no longer a political story but a media story, and the media will talk about itself long after more substantial issues have been declared passe and dispensed with.

(Google the headline) Christian Kerr illustrates the problems faced by the MSM in coming to terms with this. Kerr noted the story is entering its second week and, again like September 11, the media can't talk about anything else even though they have nothing new to say.

Kerr came to prominence under an online pseudonym, just like "Xerxes" or "Hairy Maclary", or the anonymous troll with the wetsuit metaphor. As with any white-collar worker, Kerr's indispensable work tool is a keyboard. In an earlier era Gough Whitlam called Billy McMahon "Tiberius with a telephone": a neat alliteration but, as with Kerr, it wrongly emphasises the technology over its political use. Any means of communication can be and is a political tool.

I wonder whether the images of keyboards on smartphones and tablets count as "keyboards", or as something else again. Perhaps Kerr's definition makes Jones a "radio activist"? No wonder he's regarded as toxic.

Like Alan Jones, Mark Textor stands on his dignity with a weak logical case and a fairly tendentious record. He asserts that people who organise campaigns through online media can't be mainstream because, ah, because - look, he just made Christian Kerr feel smart by co-opting him into propping up a bogus distinction. Textor was happy to credit Jones as being synonymous with mainstream Australia when Howard was in power, and the decline of Jones' audience was part of Howard's decline. I have written about Textor's strategic and intellectual laziness and Kerr has him compound it with his own, ah, um, well, words.

People have simply grown tired of Jones, and to be tired of Jones is to threaten an entire, previously comfortable industry. The lazy paradigm which he built and sells no longer applies in the real world. Like most conservatives Textor can't pick a fad from a structural shift. Whether he knows it or not, Textor is in a similarly uncomfortable position to the psychic who cancels a show due to "unforeseen circumstances". He will play a leading role in the Coalition's campaign of 2013 to the co-dependent detriment of them and himself. Textor has been shown up here, not by some radical leftie but by an admirer who took his genius as given.

Talkback radio is the nearest thing the mainstream media has to the "anonymous trolls" of Twitter and Facebook. "Bob from Cranbourne" or "Helen from Carlingford" are no less anonymous and pseudonymous than, say, "Hillary Bray". Commercial radio looks silly complaining about the very methods that saw them wield such disproportionate power for a generation. They will give up "Bob" and "Helen" and everyone else if their future depends on it, which it does.

The mainstream media will assert its credibility by railing against "anonymous trolls", and join their cause to that of increasingly intrusive government. This has started with the Daily Telegraph, which still runs quotes from "senior sources" and trolls like so-called "Piers Akerman". Moves to crack down on "online trolling" and "cyberbullying" will be increasingly and warmly applauded in the MSM. Julian Assange has broken more stories than all the journalists at News Ltd Australia put together, but those rallying to his defence are few and getting fewer.

Having learned their lesson with Grog's Gamut (where the pseudonymous blogger exposed as Greg Jericho became a respected commentator on social media rather than a harried, unemployed wretch cringing before the might of News Ltd), the mainstream media will flex its muscles by going after pathetically powerless individuals, especially teenagers embarrassing themselves like so many latter-day Digby Bamfords. They will make the case for government that online anonymity is not on, and the legislation will probably follow.

In return for publicly but selectively abandoning anonymity, the mainstream media will lobby for legal protection of its privileges. For those who abandoned 2GB, both advertiser and media outlet could launch legal action against Facebook users who had them break their contract, if only the law would allow. Press releases now freely available might be restricted, at least for a while, to help the good old MSM get a head start and showcase their "professionalism", while all those cyberpunks behind Gov2.0 have the choice of being co-opted or vilified.

The Right To Know Coalition has no chance against a Right To Exist Coalition. If government action were necessary to secure that then so be it, purely for the shareholders. Assertive independence is all very well but not when commercial survival, and the appearance of real clout, are at stake.

Don't give me any crap about fearless journos asserting an independence from management that they talk about, but don't really have. Journalists differentiate themselves from and above bloggers by the accumulated public reach, clout and history of their employers, compounded of course by their wisdom in hiring such talent as they. Having bagged bloggers so hard for so long they are generally not keen to join us, even when fate intervenes.

The political class (including MPs, staffers and lobbyists and limpets like Textor) did not get where it is through social media. It got where it is as part of a politico-media complex. It regards the insurgency against Jones as random and unpredictable, not foreseeable and controllable, and it will almost certainly act in order to bask in the adulation of the legacy media.

A political class that can get around the MSM effectively has not yet arisen, and only when it has will the impetus to regulate in favour of mainstream media abate. By lobbying for legislative protection the MSM will be even more co-opted than they are now, and that will truly be the death of them: propaganda is unreliable. Worse, it's dull to read, dull to watch and dull to listen to. Take the consumers/voters out and the logic is more compelling: we'll keep on being gatekeepers if you (re)build the gate, and any flaw in the construct is your fault.

Corporate Australia tends to oligopoly. This is true of banking, retail, telecommunications and many other industries. Large players maintain their positions through lobbying to secure regulatory environments that makes it difficult for all but a small number of competitors to challenge them. Libertarians spend time wondering why "free enterprise" doesn't reciprocate their support, time that might be spent more usefully challenging their own assumptions.

The tendency to oligopoly has been a feature of media too. Radio and TV rely on government licences for broadcasting spectrum, but Fairfax and News Ltd achieved the same in newspapers through accumulated scale and reputation and the ability to defend high-stakes lawsuits. As Jonathan Green points out, these organisations are "simple commercial self-interests that are no longer either a public necessity or holders of a public trust". It beggars belief that big media wouldn't engage corporate lobbyists to secure favourable public policy outcomes.

Media organisations won't be able to lobby themselves into existence forever, just as you can't botox yourself to immortality. Market forces, time and technology are against them - but they will give it a good go for a while yet.

There is some hope for a government that has recently been encouraged to go around the MSM, however tentatively, and engage with social media directly. This is hope compounded rather than dashed by its lack of overarching policy direction. By contrast, the Opposition looks increasingly doomed by sticking by the only media it knows: the "main stream", the quest for which is as futile to 21st century Australia as was "the Inland Sea" to the 19th.

06 September 2012

Silent George and the death of a story

For hundreds of years, men have fought and died for liberal values. Today, Australian liberals are fortunate to live in a society which is relatively congenial to their beliefs. The danger of congeniality is complacency: it is all too easy to take the hard-won achievements of liberalism for granted; all too easy to forget what makes us liberals. That risk is especially great in the busy and unreflective world of practical politics, where so often rhetoric replaces reason and pragmatism supplants principle.

- George Brandis and others, "Liberal values", 1984*

We have come to a sorry point in Australian politics when a Labor government can propose something like this and the Liberals and Nationals in Opposition have nothing to say about it.

The press gallery, virtually untouched by downsizings elsewhere in the media, didn't ask them. They didn't mention the absence of comment from a reliably negative Opposition; after a hard-won reputation for relentless negativity it would be interesting to see whether they continued that reputation, or whether it's true that they vote with the government than against them. The Shadow Attorney-General fancies himself as a bit of an interrogator, and is voluble if not logorrheic when he chooses to be; even if journalists related the story of such a man going to ground, they'd have better stories than the ones they ran.

Disconnected individuals protesting against the Federal Attorney General, trying to raise an alarm that didn't resonate, might have satisfied the editorial need for 'balance' but the sheer asymmetry made Roxon's decision look like a done deal. You'd think this outfit and its member organisations might have something to say (and that a Coalition spokesperson on law-and-order issues might take issue with that silence, no matter what their own position) but clearly not when it counts.

Why he chose to be silent on this, the prospect of a vast government surveillance project, with the shift in the relationship between the individual and the state, is unclear. There are strong philosophical issues, as well as complex legal issues on both sides; the perfect opportunity to demonstrate superior understanding of what's important and of the complexities in comparison to an apparently stumblebum government.

The Liberals have three options in response to this proposal:
  • They can agree with the government's wish to track every click of the mouse, in line with the momentum for an increased security state fostered by the US Department of Homeland Security and increased US-Australian co-operation on policing, defence and intelligence issues;
  • They can disagree with it passionately on principle and stake a claim for freedom; or
  • They can disagree just for the sake of wedging the government and forcing it to make a case against the presumption of innocence and freedom from government interference.
There is no sign of any debate in Liberal Party ranks on such an issue, which is every bit as far-reaching in modern Australian society as the Chifley government's proposal to nationalise the banks was in its time, or the Australia Card proposal as in the 1980s. It's not as though the debate has been driven deep underground: it simply is not being had. The ownership of a farm in outback Queensland causes far more angst than this. Nobody - not even the Shadow Attorney General - has the basis to make such a case, as the late Alan Missen did in the volume quoted above:
In particular, the [Liberal Party's federal] 1974 platform stressed the need for vigilant protection of privacy and reputation, particularly in the areas threatened by the use of modern surveillance systems and data banks.**
The 1974 federal platform looks like a high-water mark for moderate liberalism within the Liberal Party. Moderate liberals are dead, like Missen; have left the party, like me; or are refusing to admit that moderate liberalism is dead within the Liberal Party while doing nothing themselves to maintain or advance it. Moderate liberals can and do force no change within the party; only pressure from outside, like this feeble but potentially interesting campaign, will force the Liberal Party to stand up for values it no longer embodies.

Brandis will happily waste his political life on things like his failed Javert-like campaign to crack Craig Thomson because moderate liberalism, and liberals, have no power to compel his attention. Brandis' rhetorical record is no help; he has played all sides of the debate over time in the orotund and obscurantist way that second-rate lawyers revel in, thinking it makes them sound clever.

As to Labor, who knows what is going on with those people? You can get your whither-Labor fix elsewhere.

Now the Attorney General has shunted the debate to a parliamentary committee and it is unlikely the issue will be revisited by the government before the election. Given the reaction from Silent George, he won't be bringing it up either; not even Abbott would remember what undertakings he gave the US on his recent trip to Washington (and no journalist, not even stuffed-shirt Geopolitical Realists like Greg Sheridan or Peter Hartcher, have asked him about it).

For the journosphere, the Great Big New Monitoring System is now a dead story and they will do no further investigation on it (and anyone who presses them on this can expect a whiny tirade about stress and lack of resources, the aching of phantom limbs &c.). The issues are very much alive, however arrogant and facile editors will deem that no issue can survive the lack of their attention When, not if, the issue arises again the journosphere will be starting from scratch, and will not inform us well then either.

The parties of government and opposition will be ill-informed and will make binding decisions on that basis. They no longer have internal debates that help shape public perceptions as to how the issues may be approached regardless of the details at a later time; and yes, Virginia, it is possible for a political party to conduct a debate without behaving like a rabble.

Let us be very clear that it has been bloggers who have been both most outraged, and most articulate on what the issues are and why they matter. This is a very important issue to all Australians and the mainstream media has missed it, the political parties that actually form governments in this country have missed it, and at best non-government political actors have made token gestures in the general direction of these issues. The election campaign, as presented by the major parties and the mainstream media, will not enable voters/taxpayers/citizens to make informed choices either.

All cyberspace issues suffer from the duality where they are both overwhelming (Big Brother with his vast and expensive data banks will monitor everything you do say and think!) and trivial (IT is the preserve of children's toys, and boys who haven't grown up but are somehow overpaid) at the same time. This does not mean that the issues arising from it are trivial or hysterical, or are the sole preserve of obsessives. The reason why the mainstream media has lost its role at the centre of Australian public discussion is because it can't even participate in such debates, let alone lead them or be the forum in which public debate takes place.


* Brandis, G., Harley, T., and Markwell, D., "Liberal values", in George Brandis, Tom Harley, and Don Markwell (eds.) Liberals face the future: essays on Australian Liberalism Oxford University Press, Melbourne, 1984, p. 1

** Missen, A. "Justice" in Brandis et al., op. cit., pp. 232-233

02 July 2012

At an impasse

Impasse (n.) a situation in which no progress is possible, especially because of disagreement; a deadlock

- Oxford English Dictionary
There are two ways to analyse the absurd situation in which the Parliament has put itself. Firstly, against an ideal, and assessing who came close or fell well short; and secondly its opposite, to look squarely at politics at its most amoral, who comes out of this looking cool and calm and in control and who lost it in the face of a big challenge.

Firstly, the ideal.

We need a situation where people who are unable to live in their country can establish a claim for refugee status (as a substitute for the legal status of a citizen to live within his or her country) and be resettled in a place where they might live and work and be entitled to a future of the type denied to them in the country of their citizenship. Australia is such a country; since World War II many thousands of people have come here fleeing persecution, and I want an Australia where that keeps happening (taking persecution in other countries as a given, or at least beyond Australia's control, rather than something to be encouraged).

In the short term, Australian naval/border patrol/other policing assets need to focus on saving lives and bringing people here to be helped, assessed, and either accepted or else sent elsewhere as required. This would be a powerful humanitarian statement and would give us strong standing in the long term in working toward a regional solution for dealing with non-nationals seeking asylum.

There is also more to be done in consultation with the Indonesians that most Australians, lacking understanding of that large and complex country, can barely imagine let alone realise.

Malaysia and Nauru are insufficient in themselves, and by themselves. The government must go through the Bali Process to engage other nations in Southeast Asia to work toward a longterm solution with and among those countries.

The government responded best to the impasse by offering to change its policy. Had it acceded to Nauru and TPVs the only question would have been the tactical one (of why it hadn't done so sooner) rather than the practical one (of whether these measures work as well in 2012 as nostalgia would have it). It did the right thing in asking an expert committee for ideas; several parliamentary committees have looked into this issue over the past 10-20 years or so and their efforts appear to have been wasted.

The Greens insisted on human rights protections above all other considerations:

  • Human rights abuses in Australian detention centres count against our ability to insist on such protections from others. 
  • The assumptions behind the UN Convention on Refugees 1951 are those of Europe at the end of Word War II as the universal human experience on this matter, a question that could do with re-examination to say the least. 
  • The Malaysia proposal promised greater scrutiny of human rights in that country than had ever been the case, as I said at the time. 

Still, you've go to start somewhere, and where the Greens started was with legalistic quibbling rather than practical concerns as to where you start, and with what. Having more asylum-seekers settle here is one part of a longer-term solution but it is irrelevant to the immediate urgency brought on by matters of life and death.

Perhaps the government could have got them onside by bringing them in to a wider solution; perhaps not. The Greens were happy to have wider and longer-term solutions that were bound at the outset by high-level but stringent human rights protections. The government would have found it difficult to negotiate such an outcome with many southeast Asian countries, especially given our less-than-spotless record, but I can't agree that it was better to not try at all than to sell out a scintilla of any such protection.

Sunili Govinnage is right to say that the bill before Parliament overlooked the immediate need to save life at sea. The Greens should have insisted that it do so, and offered to pass it on condition that the government thus amend it. It is understandable that they rejected the bill - you can only vote on what's in front of you, though a bit of initiative would have been nice and might have forced the government's hand.

She is, however, dead right when she says:
If, however, we, as a nation, genuinely want to stop asylum-seekers getting on to boats and risking their lives, we need to give them a viable option. A real "regional solution" is not about getting our neighbouring countries to process asylum-seekers so that we can get on with complaining about our First World Problems in peace. It means properly supporting the United Nations High Commission for Refugees to fulfil its resettlement mandate and encouraging other nations to do so do. It also means increasing our humanitarian intake.

But it is pretty clear nobody wants to touch any of that ...
Now that is grounds for weeping, of which more later. It will mean relatively fewer people coming here under a legal cloud, and more with every right to expect the promises of this country will apply to them, which might be more of a challenge than we seem prepared for.

The Oakeshott bill did not give members of Parliament the quick fix of immediate, practical action, nor the longterm satisfaction of capital works and a relatively secure policy over the years ahead. If the government was serious the Prime Minister would have moved this bill ad she would have worked with the Greens and gotten around the Coalition like she did in September 2010. As with the proposed gay marriage bill by Labor backbencher Stephen Jones, the independents will know the government's heart is in a policy when they take it on themselves.

The Coalition simply insisted that its policy be accepted in full as an exercise of raw power, combined with intellectual laziness in insisting that what worked in 2002 must and will work in 2012. It confused its position with a focus on human rights in Malaysia while ignoring those issues with Indonesia (and insisting on measures that the Indonesian government has flatly declared it will not accept) shows that it is not ready to govern this country.

Secondly, the politics.

Abbott's ploy all along has been to jam the workings of government and then assume control of them, to make the government look like it's doing nothing - or worse, stuffing up - while creating the impression that he can lead a government that will Set Things Right. This is what Tim Dunlop was getting at, and if he had written it at any point between about Easter 2010 and this Easter just gone it would have been another spot-on article from one of Australian politics' most perceptive commentators. Here, he's attributing more power to Abbott than the man himself is exhibiting.

Since Kevin Rudd was comprehensively defeated for the Labor leadership earlier this year, Abbott has been a diminished figure. Abbott was ready for a Rudd victory, or a Gillard victory by a slighter margin than she achieved; but not for Labor to unite so comprehensively behind a leader they knew was under pressure but whom they did not believe was finished. Since then he has cracked hardy by insisting that refugee boats can be sent back to Indonesia against their wishes, and at the same time that his government would teach their languages in schools (provided the budget ... but you've heard this before). He has moved away from his impetuous comments about proud Whyalla but in doing so he has not moved anywhere that people will follow.

When he stood at Geelong today watching a handful of fertiliser slip through his fingers it was as though the local candidate was trying to cheer him up, to give Abbott the support he was meant to be giving her. Abbott has lost his spark and there's a story there, journalists: go get it and tell us what it is.

Until recently, it was sufficient for Abbott to invoke nostalgia for the Howard government, talk down the incumbents, link himself to Howard and against the evidence and generally bluff his way past an adoring media. By digging his heels in he isn't looking strong, he's looking like a piker out of ideas (although he has somehow succeeded in getting the media to stop asking him about Thomson-Jackson and Slipper-Ashby).

In this article which you can read for free on Google News, Peter van Onselen offers this telling vignette:
One well-placed Liberal source told The Australian that Abbott would rather see Labor continue to bleed politically with ongoing boat arrivals. If that means deaths at sea continue, he said, so be it. Perhaps Abbott thinks such tragedies reflect more badly on Labor than his own side because the government appears responsible for the mess courtesy of changing John Howard's asylum-seekers policies in the first place.
If someone had said something like that about John Howard, he'd have denied it forcefully and acted all wounded. Behind closed doors he would have gone through the parliamentary party like a dose of salts until he tracked down whoever said that, and dealt with them with great vengeance and furious anger.

Abbott just lets it go. He has no power to do anything else - same with this. This time last year, or two years ago, no Liberal would have dared say such a thing because of the premium on sticking together with government so close. That quote shows confidence in Abbott is not as strong as it was within Liberal ranks, and mitigates against the idea that Abbott is a strong leader headed for inevitable victory.

The firebrand who almost took the Coalition to victory in August-September 2010 and who kept the pressure on the government has not been completely neutered - not yet - but he is less than he was. A second wind can only come from an appealing set of policies.

Yesterday's Insiders showed Michael Keenan, Joe Hockey and Senator Sarah Hanson-Young acting all emotional over refugees while voting for the status quo. Some of the nation's most experienced journalists wrongly declared they were "obviously sincere", despite such obvious facts as:
  • Keenan distributing material in his electorate inciting fear and uncertainty over "illegals" (it is not illegal to come to this country and seek asylum), the very people over whom he suggestively scratched his eye;
  • Hockey was a minister in the Howard government, when all that he would "never support" was done - and worse. Hockey might not send vulnerable people to Malaysia but like Crocodile Tears Keenan he would tow them to Indonesia, or as with Shayan Badriae, neglect them on our soil. Hockey was mentored in his career by Phillp Ruddock. He is a relic of the promising young man I knew and a mockery of the leader he could have been had he principles to stick to; and
  • Hanson-Young showed that she has not made the transition from activist to legislator by her set-up of the straw-man "Hussein" and refusing to do anything that she couldn't have done as a bullhorn-wielding outsider.
All of those people offered what was most personal to them - their emotions, and their reactions to matters of life and death - as human shields to monstrously inhuman policy positions. Each of those people had the standing within their party to force change, and show their leaders that you can be politically flexible without having to be a moral weather-vane. Their failure to get over themselves is failure indeed.

Speaking of Insiders, weren't they gutless over their mate Steve Lewis? People who've seen hordes of weasels come and go should be better at spinning, but Malcolm Farr and Fran Kelly were clearly caught napping. Here is a heresy that only a blogger can admit: Lewis is entitled to the same presumption of innocence that Craig Thomson is. Oh yes.

Abbott is right in saying the Houston committee shouldn't tell the Coalition what its policy is - Howard would have sounded more defensive had it been his place to say such a thing. Abbott is wrong to maintain, at a time of impasse, that his policy is the only policy. He risks being outflanked by nimble diplomacy, of which Gillard and Carr are increasingly capable, and of which Morrison and Bishop are not. Abbott has painted Gillard as a bullshit artist, and evidence for this is receding further into the past to the point where such an accusation is an occupational hazard for all politicians. Gillard was sensible to deny that Abbott would really abolish the carbon price, the sort of shirtfronting Abbott badly needs. Labor celebrations that Whyalla had not gone the way of Pompeii or Gomorrah are a small step in turning that attack back on its originator.

Abbott has promised a lot and delivered nothing, and his continued appeals to us to vote him out of his loserdom are growing increasingly plaintive. He told his Federal Executive that he staked his leadership on rolling back the carbon price, an indication the position really is in play. Kim Beazley said the same thing about the GST, and my wasn't that a winner (well, it pumped up his polling position, which isn't quite the same thing - experienced political journalists, please note). There are plenty of examples where a Prime Minister gains credit for doing the right thing without having to be popular, which is why Gillard's personal polling matters not a jot (again, any press gallery journalist with a track record has no excuse).

If Labor succeed at painting Abbott as the bullshit artist, he's finished: he is supposed to be the action-man, not the loser who gets stymied all the time, on every issue. He is the doer with an eye to the future: not the Field of Dreams guy who not only thinks the world before the Global Financial Crisis can be resurrected, but that he's the one to do it. His line that roads symbolise progress in the 21st century was nothing short of pathetic. Abbott is not going to be defeated in some do-or-die clash but he is being ground down, bogged down, his worst nightmare (because he and his party are powerless to turn it around).

Every party conference will feature a colourful piece of dissent as a show of democracy in action. Labor has the power to deal with pantomime from a Paul Howes or a Doug Cameron because ultimately the party has the clout to pull them into line if need be: the party is bigger than them, they need the party more than it needs them. The Liberals do not have the ability to discipline Palmer, he knows it and so does every member of the party.

For Abbott to lead his party to take the opportunities over the next year or so he will need to draw on both rolling successes and popular support that is non-existent and not in prospect. In a situation framed as an impasse, one in need of new answers, Abbott isn't filling the vacuum with his substance, because he has none to offer. Why he can't slake his thirst for service in some other capacity isn't clear, and is ultimately not our problem. The momentum is with the government and not with Abbott: the polls don't measure that so the journalists don't, which is why they aren't talking to us or with us in any meaningful way.

07 June 2012

On drugs

The series of articles on drug laws and the need for reform in The Sydney Morning Herald has been positive, arising from the Australia21 report on the issue. The SMH have much to show their News Ltd colleagues about fostering a debate rather than running a campaign. While it's telling that so many major figures have come out against prohibition, with Mick Palmer not the least of them, this has been a debate that's been part of our lives more broadly. Drug law reform can't and shouldn't succeed until its scope is broadened; it is a shame that both Australia21, and the SMH, have overlooked that.

There's more to the drug debate than just prohibition vs decriminalisation. You can see that in the debates going on elsewhere that both Australia21 and the SMH has rigorously quarantined from its coverage of drug law reform. Perhaps they have done this in an attempt to bring clarity to what everyone agrees is a complex issue. I disagree that it will be effective or desirable in either securing drug decriminalisation, or in mapping out what might or should happen once drugs that are now illicit become legalised.

People want drug addiction to be seen as a public health issue. Let's do that, and in so doing let's look at a public health campaign that has been hard-fought and almost won, and which is not at all unrelated to the debate on other drugs: tobacco.

The first thing to remember is that tobacco is a more serious health problem for Australians, in themselves and in terms of costs to taxpayers and the economy more broadly, than illicit drugs. The cost of prohibition should take account of the averted costs of its alternative, rather than simply being written off as some sort of dead loss.

The second is that, just as the tobacco industry faces the prospect of sinking to its knees under the weight of plain packaging, it faces the prospect that decriminalisation will not just throw it a lifeline but open a cornucopia of commercial opportunities. All of those charges levelled at tobacco and alcohol companies about marketing to minors will come back with a vengeance when tobacco growers get a licence to grow cannabis, and when smaller companies that form part of the tobacco distribution network see the opportunities in now-illicit drugs as compensation over the government's war against tobacco. Big companies will sneak their special-treatments in with the smaller ones, and government will give them. Those hoping for additional funds to be spent on healthcare can only watch the money flow away from them as "incentives" for those who have waged war on public health campaigns.

You may think that your local neighbourhood drug dealer sidling up to the kids after school with a collection of little baggies is A Threat To Our Children, if not to Our Way Of Life. Wait until the perfectly legal, expensive and sophisticated marketing campaigns hit full stride. Look at the success that junk food has had over a younger generation, and imagine how successful similar campaigns for illicit drugs would be. Now contrast that against the odd junkie scuttling into the shadows for their hit in terms of the length and breadth of a real social problem, and ask yourself whether you are really making things better.

These companies will make the case that they can take the illicit trade out of the hands of thugs - subjecting them to taxation and regulation - just as legalisation did for gaming and abortion. They will be right, too. Do not doubt that those interests will prevail over those who would tightly regulate those drugs that are now illicit, as per the Australia21 report.

Purists will maintain that illicit drugs should be reserved for medicinal purposes only, e.g.:
  • Pure heroin for use in safe injection environments, as part of programs to work addicts off the drug, or
  • Distillation of those chemical compounds within cannabis that stimulate appetite and create feelings of well-being to counter the ravages of chemotherapy.
Setting up this new regulatory environment will require a great deal of expenditure on the part of government with little or no offsetting income. There will be adjustment difficulties that make government look stupid. It will still require the enforcement of prohibition against those who desire drugs and have the means to pay for them, but who have no need for them as determined by medical programs operating within government regulation and budgets.

Peter Baume was a moderate Liberal who was Health Minister in the Fraser Government for less than a year before it lost office, the last Federal minister in that portfolio who didn't have to deal with Medicare. He was a factional opponent of John Howard and the Liberal right and he retired from the Senate ahead of the boot as the party changed around him. Many of the arguments that appear in the Australia21 Report are those which he tried to push through the Liberal Party in opposition, including trying to push through the Young Liberals during my time there. The moderates were under such sustained attack that to support Baume was a factional stand in favour of a pluralism that has now gone. Baume became tetchy when challenged, even by moderates, which detracted from messages like this:
Heroin was legal and could be prescribed by doctors in Australia until 1953. That is, heroin became a problem after, and not before, it was prohibited.
In 1953 authority had a greater hold over the population than it does today. The campaigns against the non-medically sanctioned use of opiates in the nineteenth century still applied in 1953: it was something that was the preserve of Asian people and was proof, for those who sought it, of their inferiority to White Australia.

Baume has been impeccable against race-baiters, and I defer to his understanding of the dimensions of heroin addiction as a real public policy problem; but in an age where Authority in general is much diminished there is no equivalent social repellent to turn Australians away from a dangerous drug. Public health campaigns against addiction have the appearance of make-work schemes, doing worthy work but too little against a problem that can only grow.

The first group of Australians to experience heroin addiction as a significant problem were much overlooked in their time, especially in terms of their health. They were the first Australians who travelled to and from Southeast Asia in their thousands: Vietnam veterans. They had problems with alcohol and Agent Orange exposure too, and these problems were simply and flatly denied. The fact that heroin was illegal, that alcohol wasn't and that nobody went out sculling DDT is to ignore the lessons of that time.

Simply legalising and containing heroin addiction within health programs is an inadequate response to a much wider problem. It's foolish to graft on yet another health program to the ragged patchwork already in place and expect any benefit beyond the marginal, at a cost that will have to be massive in order to be realised. Let's not even talk about co-ordination of other policies beyond law-and-order and health (e.g. housing, welfare payments).

Baby-boomers weren't politically powerful in 1953. Decisions were made on their behalf by a waste-not-want-not people, in the parliament, in the bureaucracy, in pharmacies and doctors' clinics and police stations, and in the community more broadly. They pushed for drug decriminalisation in their youth for lifestyle reasons, and now as they enter their dotage they appeal to medicine and palliative care. The political question is, do baby-boomers still have the power to command public resources for a policy that suits them, and won't necessarily benefit the rest of us? Will they tolerate health funds being diverted toward younger people, away from them?

It's a basic flaw of the Australia21 report that it focuses on heroin overdoses and other drug deaths. It refers in passing to incidental crimes committed by addicts to fund their habits, but there is more to the drug problem than that and costs from widespread, normalised drug use should have been factored in, even if funding for the report did not allow for detailed modelling. I'd be fascinated to see the soil degradation, runoff and other environmental impacts from an industrial-sized cannabis crop (what do you mean, no modelling has been done?).

Australians in particular mix drugs. Australian policy must relate to Australians. "Social smokers" who consume tobacco when under the influence of alcohol, and who combine alcohol with drugs of varying legality and chemical composition, show that demarcating illicit drugs in the name of 'clarity' or 'focus' are chasing a mirage and doing the country a disservice. The report skates over mental illness in drug use, particularly for those abused as children, but it needs to be part of a bigger solution than decriminalisation. Anyone who thinks that illicit drugs is so different to pokies, alcohol etc. can shove their apples and their oranges; those issues are more similar than different.

The other fundamental flaw with the Australia21 is a misreading of the political system. The report is predicated upon an assumption that bipartisan support for their position is desirable and even achievable, despite a sop of realism to the pressures on politicians to avoid controversy. This is so wrong that it completely undermines the report, and is puzzling from a board that has operated at the highest levels of government.

Led by Tony Abbott, the Coalition have trashed bipartisanship. The changes to the Liberal Party that forced Peter Baume into retirement have continued to the point where a latter-day Baume would flee from his first branch meeting, and would have no hope in a preselection. There is no way that the Coalition as currently configured can or will consider legalising now-illicit drugs. Any individual Liberals who might have considered it are keeping their heads down and toe-ing the Abbott line (e.g. Joe Hockey, Marise Payne), or are marginal figures (e.g. Mal Washer), and put together they couldn't actually change policy and spend additional money.

Consider that Peter Dutton has been shadow health minister before and since the last election, and this is the nearest thing he has produced to a policy. His most substantial policy after all that time is reaction and denial about an issue from the fringes of significant public health issues affecting this country.

If ever there was a field where the status quo of 2004 is inadequate for 2014 (which is the central message of the whole Howard Revival), health is it. Dutton has not contributed in any meaningful way to health policy debates: the former health minister was promoted, whereas if Dutton was an effective shadow she should be political roadkill. A new minister is firmly established in the portfolio free of any challenge from her "shadow".

Dutton seriously regards prohibition as a good idea that has never been fully tried. This is a clear indication of:
  • His ability to address issues in the community;
  • The quality of the man as a future minister; and
  • The sheer futility of expecting, or even hoping for, bipartisanship on this issue.
The Coalition clearly regards illicit drugs as a law-enforcement issue (supposed concern for addicts is so much mealy-mouthed bullshit waiting to be scythed in expenditure review - c'mon people, am I the only one who has learned how Abbott works?). Like Dutton, Brandis grew up in Queensland under Bjelke-Petersen; he'd know all about drug prohibition. The silence from the alleged shadow attorney general on this issue - a normally voluble man who goes on and on about much lesser legal issues - is deafening.

Forget the Coalition. Forget bipartisanship.

The only hope for an enlightened drug policy, with a carefully thought-out public health response and a sound communications strategy, rests entirely with Labor. It would have to be led by a strong and progressive leader such as we have not seen in a generation, and the prospect of which is indiscernible to those who watch federal politics closely. That leader would have to be prepared to go all out to secure their policy against both internal opponents (who would want scarce health resources spent on anything else). That leader would need the courage to prevail against nervous nellies inside their party (including those armed with polls and conference-floor delegates), go the polls with a consistent policy, defeat a prohibitionist Coalition and divert health funds away from baby-boomers in order to ease druggies off their addictions.

Nope, me neither.

I'm sure that the Australia21 board and supportive contributors to the SMH are aware of the current political situation. I share their optimism that it is a passing phase - not only the defeat of an Abbott government but also President Obama defeating the US Republicans this November will hopefully break reaction as political strategy. However, I've been wrong before, and so has Peter Baume; the prospect that the future of Australian politics lies in the major parties emphasising their differences (while "playing it safe" with the status quo in drug law) should not be discounted.

Look, I dare you, at the shambles that is the regulation of poker machines and alcohol in this country. Know that this is the fate for the regulation of drugs. Listen to the cries of alcoholics and pokie addicts in their more lucid moments, and of those who care for them despite everything. Know that those travails can and shall be compounded by the direct and indirect victims of legalised drugs. Forget policy that makes things harder rather than easier.

For those who like the personal touch injected into this debate, my late brother was an alcoholic who died in a motorbike accident. Readers can take comfort in my assurance that this is not the start of a campaign to ban alcohol, nor motorbikes for that matter; as the report points out, alcohol is also a much greater issue than all illicit drugs put together. I realise that piecemeal efforts against drugs that are now illicit are inadequate, but the alternative is worse because it hasn't been thought out properly.

Proponents think they are being clever by separating drugs off from other problems like pokies, alcohol, tobacco etc., but I'd suggest they are not being clever enough. Like the republicans of the 1990s they are mistaken in thinking that they are being clever in proposing a small reform and selling it as a big one. There should be linkages across disciplines among people doing good work and making whole-of-government NDIS-style solutions. I am just not interested in any policy that will detract from efforts against real problems, and the prospect that they might add to them leaves me cold. I am sick to death of rallying behind well-meaning but ill-considered policies and getting run over by the foreseeable.

21 May 2012

Under investigation

For five years now, the press gallery has flogged and flogged the idea that Craig Thomson is a sleazebag who misappropriated union funds, to the point where it really is the only way you can talk about him, or the position of the government generally. Events later today may give the press gallery permission to change the way it looks at and reports on the whole business of what Thomson with HSU resources, and what he may have said or done about those resources to various parties investigating him.

It is an indictment on the entire profession of journalism in this country that the story of the year was broken by a blogger named MadWixxy. To summarise:
  • Tony Abbott, when he was Workplace Relations Minister, appointed a guy called Michael Lawler to what is now Fair Work Australia (FWA), where he attained the position of Vice President (and because it isn't a merchant bank, the position of Vice President is actually a real position) ...
  • Lawler and Abbott get along well, even though ...
  • Lawler's partner is Kathy Jackson, head of the Health Services Union, who succeeded ...
  • Craig Thomson in her current role, where ...
  • Thomson's ally, and Jackson's ex-husband, was also accused (with seemingly solid proof) of having spent union money on what looks like highly self-indulgent expenses (prostitutes, meals etc.), but unlike Thomson he isn't an MP in a hung parliament so nothing has come of it ...
None of that makes Thomson more pure than the pure. It doesn't explain why Thomson may not have regarded FWA as the fair umpire it is meant to be under law (a law that he, as a legislator, helped shape and enact). Nor does it necessarily explain why Lawler's organisation took three years to investigate Jackson's union. It is, however, worth more investigation than it has received so far.

In 2009, Thomson sued Fairfax after it raised allegations about his behaviour with union money. Fairfax has since settled with Thomson, yet it has not shared with us the reasons why it did so. Thomson appears done for no matter what he does. He may as well tell the truth and let such legal action come what may, but he'll probably pull his punches and die wondering.

To get an idea of the conventional wisdom in the press gallery on this, you have to go straight to press gallery drone and Fairfax company-man Phillip Coorey:
In April 2009, Thomson's aspirations went pear-shaped when the Herald received a leak and published the allegations of credit card misuse, cash withdrawals and the use of union funds for electoral purposes.
It's amazing that no reporter who covers industrial issues would have a look into the HSU. That leak could have been an opportunity to explore the whole Jackson-Lawler-Abbott nexus, but they squibbed it.
If Kevin Rudd had inquired about the suitability of preselecting Thomson for the 2010 election, he was assured by the NSW Right there was nothing to be worried about.
If Coorey's experience in the press gallery was worth more than it is, he would have realised that this was the very period when the NSW Labor Right were plotting to get rid of him. As if they would give up one of their own to that prick!
Thomson was preselected again and on February 17, 2010, the local paper, the Central Coast Express Advocate, ran a piece clearing him of all allegations.

The week before, the Australian Electoral Commission had cleared him of breaching the Electoral Act for not disclosing as donations the union money used to fund his campaign. It made the same finding again last week.

... The article concluded, without attribution, with two stunningly incorrect statements.

"Fair Work Australia, which was investigating the union's claim that Mr Thomson misused union money, has also said he was no longer under investigation."

And: "The union branch which made the initial allegations has gone into administration and a new executive has been appointed."
Do I have to do the investigation myself?

The first statement is attributed. It attributes to FWA the fact that he was not under investigation. Who knows what was going on inside FWA at the time? As with the NSW Police declining to investigate the HSU, then launching a highly publicised raid on their offices, it's clear that there is more to the question of an FWA investigation than Coorey will allow.

As to the second: the HSUeast branch, which is the focus of all the attention on this matter, was formed in 2010 from a combination of the union's NSW branch and the Victoria No. 1 branch. So, at the time Thomson gave his interview, he was right in making that statement.

Time for Thomson to ring his lawyers back and pump some more money out of Fairfax.
On August 21, 2010, in defiance of a national trend against Labor, Thomson romped home in Dobell with a swing towards him.

Even though Labor was reduced to minority government, the opposition was still not interested in Thomson. By the end of 2010 and into early 2011, as uncomfortable details were beginning to emerge from the defamation hearing, Tony Abbott was fixated on the carbon tax.

The Liberal frontbencher and Victorian senator Michael Ronaldson pushed the issue and he ramped it up a year ago when Thomson dropped the action against Fairfax.
First of all, Thomson didn't drop the action against Fairfax; they settled, which means that both sides agreed to "drop" it for consideration between themselves and Thomson not revealed to us.

Second, Abbott should be called for playing a double game, attempting to take the high ground over this issue while shunting it off to his party's attack dog for the purposes of deniability.
By August last year, the shadow attorney-general, George Brandis, was warning colleagues to watch their public comments on the matter to avoid prejudicing any potential trial should action be launched.

That, too, is no longer a concern for the opposition. Brandis recently stated Thomson, who has been charged with nothing yet, had committed crimes.
They are that desperate, and they know the press won't call them on it.
He was thinking of contending, as he has in the past, that Kathy Jackson, who succeeded him as the Health Services Union national secretary, destroyed the paperwork that would have accounted for the expenditure by Thomson during his five years at the union's helm.

If he does raise this, Jackson will deny it as she has in the past.
She would say that, wouldn't she. The fact that she says it is the starting point for further investigation, not the end as Coorey would have it. The fact that the Coalition have become unhinged the closer they get to victory is worth examination, and may tell you what they'd be like if they actually got into office.
The opposition's position is already clear. It believes the civil findings of Fair Work Australia are a sufficient basis to drum Thomson out of Parliament, either temporarily or for good, thus bringing the minority government to a premature end.

The independents are not so sure and the constitution most definitely is not.
We come back to the central political question of this Parliament, and again Coorey's judgment bears examination here: how is Abbott going in persuading the independents to get on side? He has no words, because there are no words.
More likely, there will be a censure against Thomson at most, a symbolic but ultimately benign gesture.

For the government, this saga, which could have been avoided years ago, will become a dull ache that will plague it until election day.
After more than fifty failures to suspend standing orders, at what point does that gesture lose its symbolism? At what point do you blame the media for not actively looking into this "saga" and just waiting for various interested parties to drop things into their laps?

Thomson may be able to shift the media narrative onto FWA and the Jackson-Lawler-Abbott thing, but even if you leave the gate open the sheep won't necessarily run out. There is no reason why they should continue to run a five year old story other than sloth and butt-covering on their part. It is possible that a thorough investigation of FWA will increase pressure on the legislation that made it possible: legislation that was the crowning achievement of the current Prime Minister before her ascent to that office, legislation that goes to the core of what this government, and Labor, are about (if they can be said to be about anything at all).

There is more to this story, and of course the fact that Peter Wicks is ahead of people who fancy themselves as professional journalists is cause for the entire profession to rethink the way it works. Wicks has broken the story, give him the Gold Walkley or have it rendered as a sub-Logies joke. The fact that there is so much at stake should increase the pressure to broaden the scope of this story, not decrease it as the stress-bunnies would have it. Thomson may tell Parliament enough to force a reconsideration of his situation, or his words (and silences) may be hammered to fit a pre-existing narrative.
When Thomson rises at midday to give his much-anticipated statement to Parliament, what he says should not matter so much as the reaction he receives.
Indeed it will, and those who do the reacting will be judged accordingly: can Fairfax be trusted to report this issue given that it is a participant? Will there be any follow-up on Heffernan, will Abbott refuse to accept his tainted vote, can a broadsheet newspaper focus on more than one issue ...

16 November 2011

Draconian journalism

Legislation and regulation is an inexact science and in Australia they tend to be light on punishments for their own sake. Penalties are put into certain laws with a view to modifying behaviour for the greater good. Some people don't want their behaviour modified, and they can have their go at changing it but generally it is possible to live and work within this country's laws without necessarily cowering.

An example of this is the carbon price. It is not, despite what some would have you believe, designed to suck as much cash from the economy as possible and funnel it into the great sucking maw of government. It is designed to modify the behaviour of industries that emit carbon pollution into the atmosphere as a by-product of what they do. The price imposes costs upon those producers, giving them an incentive to minimise their carbon emissions. Getting people to minimise carbon emissions is the policy objective.

In reporting the debates leading up to the passage of the carbon price legislation, it is more than fair for journalists such as Murphy to quote opponents of the scheme describing the legislation as 'draconian'. It's a journosphere cliche that unwanted legislation is 'draconian', and lobbyists wanting to draw media attention are best advised to use their cliches so that they can bolt them together and assemble some content.

'Draconian' comes from the Latin word dracon, meaning 'dragon', a mythical creature which inspires fear but which does not actually exist.

There are journalists who are employed to report on legislation passing through Federal Parliament. One of them is Katharine Murphy. Her working life involves watching legislation being formed: the debates among stakeholders, the development of bills for submission to parliament and the lobbying by lobbyists, and the horsetrading by politicians as the bills proceed through both houses of parliament (well, like most press gallery journalists she doesn't come close to covering the full range of her brief, but her editor doesn't push her and press gallery groupthink encourages her to think that whatever she does is sufficient).

Katharine Murphy should have plenty of experience in listening to dire warnings of self-interested lobbyists and rentseekers, warning that this or that measure will be 'draconian' and will have far-reaching and dire effects on the economy and Australia's way of life generally. She should know that few, if any, of those spectres actually come to pass.

In this piece, Murphy acts like just another self-interested rent-seeker and insists that any outcome from the Independent Media Inquiry can only ever be - yes, you guessed it - draconian.

She tried to develop a bit of perspective, with that hand-wringing about how journalists have brought it all on themselves, and maybe she's right to despair of her managers and their peers across the mainstream media to accept that reader interaction is the way things are done now (and that decades of journosphere tradition to the contrary are not only invalid but counterproductive):
If there's intent behind Finkelstein's persistent interrogation on matters such as whether there should be a statutory regulator for newspapers, an automatic right of reply when people are wronged or whether the Press Council's standards need to be strengthened - then the industry is in for a swift kick in the pants.

And the worst of it is we deserve this whole discussion. We've brought it on ourselves. We have soiled what should be an open-and-shut case for self-regulation by abusing the privilege, by arrogantly failing to accept that the freedom of journalism carries with it significant responsibility: to get it right, to be fair, to understand the difference between fact and contention.
Part of the call for openness and feedback that social media makes possible - and necessary - is that the mainstream media should have gotten over itself and adapted to build communities of interest, rather than propping up the walls of legalism and bluster that has maintained those organisations throughout the centuries. Commercial pressures have failed to move them forward, so a kick in the pants may well be their only method of locomotion (yes, 'at some point'; it is possible that Finkelstein's report will be shelved and that the issues he raised will be revisited later). It will certainly be better for the mainstream media than the defensive assumptions they operate under currently.
Because the practice of journalism is not actually about us. It's about you, the readers who rely, still, on the veracity of what we do; and who need someone, institutionally, to stand up and ask questions where there are real abuses of power.
Yes, the practice of journalism really is about those who are employed as journalists, and how well or badly they do their job. Something can be true without being important.

Journalists should of course be alert to abuses of power, but there are three main issues with that:
  1. It is almost impossible that any such abuses will be uncovered within the press gallery at Parliament House.
  2. Given the scare campaign about how any and all restrictions on journalism are and must be 'draconian', are these the people who really can distinguish loud and obvious hype from quiet and obscure truths?
  3. Far-reaching Watergate-style abuses are few and far between, and can't fill up hourly/daily news reporting requirements. Reporting is best served in explaining what policies and legislation is coming at us, explaining the context and the effects of those, and asking: is this what you really wanted?
The most impressive journalism Murphy did was far from Canberra and its stultifying groupthink: here, a real story with real impacts on real people. She could have travelled to the APY lands and to those communities already interventioned against to see what this might mean, or her editors could've done so - but there's no regulation that can weigh against poor follow-through. It's a lie to assume that reporting on what government actually does must be worthy and dull, while writing about trivia (e.g. blow-by-blow accounts of Question Time) is compelling reading and high-quality journalism. It's a cover for sloppy and boring journalism.

Worse than that, it's a lie that makes journalists feel better about themselves inversely to the regard they are held by the society they're supposed to serve. This sustaining lie can be compared to the increasingly rare highs experienced by the addict in the degenerative phase of their addiction. The tragedy of Murphy and others is that they're dimly aware of their problem but cannot snap out of it.
Forgive me sounding furrowed-browed and uncompromising, but I've had the privilege of a long apprenticeship with Michelle Grattan, a person who epitomises a simple journalistic creed - take all the steps you can to get it right, and if you don't know, don't pretend.
To get what right? This idea that you're meant to be impressed with the firmness of the grasp of the stick rather than whether or not you're grasping the wrong end of it (or, indeed, the wrong stick) just makes me laugh.

A prime example of that is this, in which Annabel Crabb portrays Gillard and The Situation locked together in combat like Sherlock Holmes and Moriarty tumbling down Reichenbach Falls. It is possible to examine what it is they're arguing over, and what the consequences are of either prevailing, but the Grattan Doctrine is that to describe the conflict in as dull a way as possible is to have the story (with the implicit pox-on-both-houses that comes from any conflict in which you're not engaged).

Another example is where a journalist will accurately quote a politician, business leader or someone else saying something which isn't true, deliberately or otherwise; as though the words should be taken on face value and not related to the facts behind them, or those affected by such crap-talking. This is a failure of journalism and its focus on a false fact/opinion dichotomy means that powerful people are taken at face value.

I'd love to see "an open-and-shut case for self-regulation", or even an example of where it has worked to ensure probity and accountability in any other facet of Australian life. Self-regulation with no legal checks only ever works for insiders against the interests of outsiders. No sly co-option of readers/viewers by journos can change that. I thought Jonathan Holmes would provide it, but I was wrong about that too.

The only acceptable self-regulation of the media is, apparently, Uncle Jonathan squeezed into a spare ten minutes on Monday nights: wagging his finger, raising his eyebrow, with a bemused and indulgent smirk at scallywag young journalists trampling this and tripping over that in pursuit of "the story". Occasionally he gets up on his high horse about Bogan Media (e.g. Today Tonight, A Current Affair, Alan Jones), but either way there's no harm done and nothing really changes.

To paraphrase Holmes up to, but not beyond, the point of parody: journalism is conducted for no purpose beyond the employment of journalists. We journalists only rope in the public to our defence when we feel that inertia - which succeeds in dampening most initiatives - might not defeat a particular initiative. When we're back to our default state of smugness, which is inevitable among mortals who regard themselves as indispensable, we just shunt the public back out into the cold so that they may just consume in silence that which we choose to pump at them. Any issues should be sorted out behind closed doors, because that's what's best for everybody. Nothing to see here, move along now, no need for an Inquiry! We chaps conduct all the inquiry one could possibly want in the front bar of the pub nearest the office. See you there!

Holmes seriously believes that your only acceptable recourse against misreporting is to accost media owners Kerry Stokes, in any of the many avenues where you might have the chance to approach the man at all. Leaving journalists to do what they will ensures their freedom and that of us all, apparently. The preceding paragraph is not nearly as absurd as the core beliefs of an experienced media practitioner. The Holmes model assumes that journalism is simply a conduit for reporting issues raised by others and is not a source of legitimate or substantial issues in itself.

The Holmes model does not work for those of us who are not journalists, and who can't be sure that editors/news directors or senior executives would take our call (the SMH's Readers' Editor and the ABC complaints process are a waste of time, a source of instruction to readers/viewers rather than a channel for feedback by them/us which materially changes the way reporting is conducted). Perhaps it isn't meant to, if you take the approach that the media is journos first and bugger the rest of you; if you take the approach that "the plethora of media platforms" needn't materially change the way journalism is practiced.

The case for regulating journalism is much the same as that for regulating companies: if the regulatory settings are wrong, innovation and economic growth are stifled, but if they are right then it can free economic growth and innovation from market restrictions such as collusion, graft, and abuses of market power such as monopoly, monopsony and oligopoly (these being forms of power vulnerable to abuse to which the Institute for Public Affairs and Centre for Independent Studies are wilfully blind). A balanced approach is, given the evidence of other organisations, possible; to complain that these processes are imperfect is no argument against regulation per se.

The challenge facing the Independent Media Inquiry is to identify a balanced approach to regulation of the media, having identified exactly what is being balanced. It does no-one any favours to pretend that Finkelstein is either a dupe or a some sort of catspaw for dark and sinister forces, particularly when reasonable change has been ignored or dismissed for so long. The idea that the only outcome possible from the Finkelstein Inquiry is a kind of blunt legalistic cudgel that can only stun, maim or even kill journalism in this country, is unworthy of experienced journalists and deserves far less respect than it has so far received. Even less is the idea that the media is already staggering under the burden of regulation besetting it already: this is the very sort of thing you get from lobbyists.

You'd hope that experienced journos would stop and think about parroting the most inane lines of lobbyists. Why be constructive when you can just sit back and shriek about how 'draconian' it all is (or might be)? To do that, they'd have to get over themselves: some can't even do that, but lip service is not the only alternative and nor is it adequate. It's hard to pity a profession so committed to its destruction, and despite what Tim Dunlop thinks, there's no incentive to encourage it in its collective folly but every reason to encourage successful breaks from journalistic groupthink wherever they can be found.

30 October 2011

Assange and Bolt, false and unsound

Julian Assange wrote an article about free speech which was wrong on a few key assumptions, particularly this:
Opinions must be shared in "a free and open encounter" because it is the competition between ideas that produces the truth. As Fredrick Siebert explained: "The true and sound will survive. The false and unsound will be vanquished. Government should keep out of the battle and not weigh the odds in favor of one side or the other."
The idea that Aborigines are an inferior people, unfit for or incapable of participating fully in Australian society, puts the lie to Siebert's wish. This is one of the most prevalent ideas in Australia. It is also false and unsound. No amount of patient engagement and disproving, nor frequent and exuberant demonstration of excellence by Aborigines, can eradicate this lantana-like idea.

I'm a liberal too, but confrontation with this reality made me change my mind. First you've got to go with the fact and work the principle around it. I might have to lose the 'liberal' tag, but that's OK, it isn't all about me. Doing the reverse, like Assange does, simply does not work.
Hate speech laws in Australia are a form of censorship, backed by sanction and justified by the perceived need to protect historically persecuted minorities and maintain racial harmony.
Persecuted minorities don't need to be protected, they need to participate in Australian society. For that to happen you need to stop excluding them from it. Lazy bullshit that implies racial classifications trump common humanity excludes Aborigines from Australian society. A few paragraphs later Assange tries to assert that free speech is more of a unifying force than measures such as these, but the proof exists only in theory.
In the US, the First Amendment guarantees the right of the Ku Klux Klan and neo-Nazis to march through the streets. The law sanctions speech only if it incites violence. Rather than flourishing, the Klan and neo-Nazis have been withered by the robust criticism that such protections afford their critics.
For the first hundred years or so, the Klan and the Nazis had a pretty clear run, and the First Amendment was in effect the whole time. Giving effect to their core beliefs involve excluding people from society and killing them. They underwent robust criticism to be sure, but a lot of people died in order that they might speak freely, and only when legal sanctions and force were applied against them did their positions become unsustainable.
People get squeamish when arguing against censorship laws that protect historically persecuted groups.
People get squeamish all the time. The question is, why do they get squeamish, what are the consequences of that squeamishness and do people have a right to go around making other people squeamish in order to boost their media profile?

The basis of the whole Bolt case is that some people from a historically and systematically persecuted minority have been able to embrace their identity, now that the legal aspects of social inclusion have been uninstalled, and that some jobs have been created which are only open to people of that minority. Along comes Andrew Bolt, claiming that the historically persecuted minority are actually privileged (and that the disadvantages that come from historic persecution are over, hooray and forget it ever happened). Bolt believed that his classification as to who was Aboriginal and who wasn't, based on a bit of Googling, was superior to the classification applied to and by Aborigines themselves.

The law which Bolt transgressed acknowledges both the prevalence and the falsehood of racial profiling in Australia. From my understanding it says that if you're going to comment on people's race you have to be careful. The judge found that Bolt hadn't been careful, and I note that no appeal has been lodged. Assange, and Bolt, believe that Bolt's right to toss off a comment trumps the slow but considerable efforts the historically persecuted minority are making to overcome historical persecution and participate freely and fully in Australian society.
Censorship is fine, they think, as long as it is designed to protect gays and indigenous people.
The law under which Andrew Bolt was convicted protects us all. It enables Siebert's wish that sloppy ideas go down to become reality.
In much of Europe and Australia, it is unlawful to deny that the Holocaust took place - this is "acceptable" censorship.
Quite so. It makes it easier to stop that sort of thing having the catastrophic effect it did on individuals and society. It forces people to face up to reality, which is no bad thing.
But in Turkey it is a crime to assert that the Armenians were subjected to genocide. Imagine if Australia introduced a law prohibiting use of the word "genocide" in respect of the treatment of indigenous Australians?
Can't see it happening myself, no point in protecting anyone against non-threats. A bit like Andrew Bolt complaining that he's barred from applying for some $25k part-time short-term dead-end job which is only open to Aborigines.

There are threats to the balance between our liberties and our social cohesion all the time. What won't and can't help protect us from imbalance and injustice are lazy postulations, including that hidey-hole of the intellectual poser who hasn't thought carefully about whatever they claim to be particularly concerned about: the "slippery slope". Assange loves a slippery slope.
Many debate whether the term should be used or not but it would cause outrage if our government stymied that debate by making it unlawful.
It isn't just a bit of chat, it's a debate of real significance. Have the debate, but face up to the facts and do your research like Bolt didn't. The idea that the Australian government would follow Turkey in that regard is just sloppy, straw man work.
So what subjects are off limits? What societal "goods" are worthy of protection through censorship?

Science says climate change is happening ... United Nations Security Council ... Why don't we just introduce a climate change-denial law prohibiting Barnaby Joyce from rubbishing climate change ... may sound ridiculous ... parliamentary privilege ... but therein lies the danger of allowing the state to regulate what political speech is acceptable.
More "slippery slope" work, showing how an extreme example obscures rather than illustrates the point at hand. Barnaby Joyce isn't a threat to anything and you can participate fully in Australian society - including the shaping of climate change policy - regardless of your attitude toward climate change.
The law, whether civil or criminal, is a serious business. At its end is the deployment of armed police to imprison people or seize their assets by force. It should never be used to regulate disfavoured views.
It is always used to regulate disfavoured views. People who assert a right to commit armed robbery are not only expressing a disfavoured view, they are limiting the abilities of others to participate fully in society.
Free speech must protect all speech, however offensive. Debates that offend the "ordinary" or "typical" Australian are precisely the debates we need. It is precisely when the majority shares a view that it needs to be challenged, because if it is wrong, then we are all imperiled.
If you're going to have a debate on issues that entrench disadvantage against those who are historically and systematically persecuted, you'd better be careful to have your facts together. This improves debate all round, rather than just being some sort of lotus-eating talkshop which makes no difference other than selling newspapers. Racist conjecture is not a debate and nor is it a challenge. It's oral spam and makes it harder rather than easier to take ideas of free speech seriously.

I'm appalled at the idea that Andrew Bolt might redefine who my father was or arbitrarily make my job more difficult (if not impossible) based on his lack of skill at using a search engine. Mind you, I'm appalled at the idea that Josh Frydenberg didn't cop the sort of treatment currently being meted out to Bradley Manning for passing information to Andrew Bolt that was accurate and important, but which Bolt toyed with rather than expose as Assange did. Bolt vilified a truth-teller and made his job impossible, and he had no right to do so. I keep waiting for the Great Boomerang to whack him and his mate Frydenberg on their silly scones for that one.

Now Assange wants to stand up for Bolt's right to misrepresent people and keep them at a disadvantage. If the bastard hasn't got his facts right then he can shut his cakehole. That is both ridgey as well as didge, dinky and di at the same time; not only that but it elevates the debate to a level where historical and systematic (dis)advantages play a less of a role than they otherwise might. Rather than being imperiled, it's a challenge to lift your contribution to debate to a level where racism and other dead ideas can't compete.

Bolt is an experienced communicator and has participated in public debate for decades. His claims about being 'silenced' buzzed around the Australian media like so many blowflies in a public toilet, until they lost all meaning and credibility. To agree with Bolt that he is being silenced - and to agree with his fatuous extension that others are being silenced too, and denied some asserted right to tag and bag Aborigines - is not to be a truth-teller but a willing accomplice in a deception.