Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Why didn't I support Obama ?

Some of the issues that a friend rattled off in support for Obama are less critical but just as important to Australia....

"Safety Nets"
  • I prefer the term "charity" to safety net. Charity is always best dispersed by non-government authorities. 
  • Unfortunately, charities and governments have formed unhealthy relationship where they both receive funds to implement government policy at the same time as agitating for increases in their funds and greater scope for their activities. 
  • The level of support provided by charities should only by limited by funds freely given to them. Unfortunately, these funds are increasingly extracted by taxation rather than given freely.
  • The level of support provided by government should be the minimum needed to maintain the peace where charity fails i.e. prevent significant groups from rejecting the "social contract" and disrupting or threatening society.
"Preventing Exploitation"
  • A very slippery term.  Remember that in our youth, many considered that all employment was by definition exploitation.
  • Exploitation is a a good.  We exploit opportunities. We exploit resources. etc
  • Exploiting people is shameful not illegal except where another factor is involved.  What is lumped under "exploitation" is often fraud, or other more serious crime and should be dealt with as such.
  • As individuals, we are likely to counsel people who are being exploited (e.g. by fake "green" fads,  horoscopes,  Scientology, political partys etc etc etc). We are also likely to publicly warn and advise against such involvements.
  • As a society, we have no business is preventing people from exercising choices to support any sort of foolishness.  That way lies an ever increasing spiral of state control of anything that state considers foolish.  Witness the current attempt in Australia and elsewhere to paint Scientology as less exploitative that Roman Catholicism !!
"Creating equality of opportunity"
  • Another slippery term. When can the state rest in the knowledge that all people have equal opportunity ? Answer: Whenever it perceives it to be so.  Witness the current US Supreme Court consideration of "Affirmative Action".
  • There is no such thing as equality of opportunity if you consider all aspects of the individual - genotype, phenotype to which, for humans we need to add the new ingredient of culture.  the person can be "disadvantaged" in an infinity of ways in any of these areas and thus have unequal opportunity in life.
  • Many states, including Australia, pay little more than lip service to the principle of "equal under the law" because it has been so whittled away by the principle of "equal opportunity".  Indeed, Australia is considering a special clause in the constitution to entrench a permanent race based inequality, with the rational that it redresses a past inequality.
  • There is no such thing as "equal under the law" for the same reasons that there is no such thing as "equality of opportunity" - in the case of the law there is even more emphasis on the importance of the cultural factor called "money".
  • The role of the state should be limited to making laws that impose duties on parents with the rationale that they have responsibility for the production of citizens and thus the state has a crucial interest in ensuring that they exist in adequate number and are nurtured in ways that maximize that chance of them being productive.  This is the central guarantee of equal opportunity and includes such state requirements as education.  The mechanism of provision (i.e. state vs private) is primarily a technical issue except in extreme situations (i.e.  indoctrination of religious belief, failure of state schools to teach etc).
  • Where parents fail in some drastic way, then the state should intervene.
"Supporting the Ill"
  • Illness is a fascinatingly extreme example of the fact that "need" is a perception rather than a fact.  The level of need for medical services is ever increasing in variety and expense as fast as new services are invented by the relevant industries.  As soon as a new scanner or new drug is invented, it is desperately needed by some group and the agitation begins for it to be paid for by the community.   
  • The term "insurance" has little meaning here as it implies a voluntary client service relationship that does not exist in the world where insurance is collected through taxation, and even private funds obtain the overwhelming proportion of their funds from government. 
  • Illness is just the most costly example of he charity principle outlined above.
"Opposing monopoly"
  • Drove through Tecoma where  community groups are attempting to prevent a MacDonalds store from opening.  This is a classic example of the dilemma.  Even though the community acknowledge that this business will be well patronised by community members, be commercially viable, will employ people, will provide food no worse that the other fast food stores adjacent, they want to impose their aesthetic and probably cultural predjudice to prevent it opening.  Would these same people accept campaigning against a madrassa on the same basis fo competition and cultural incompatability ?
  • Similarly, many of us like the aesthetic of the corner store, but make the overwhelming bulk of our purchases through one of the members of the food oligopoly.
  • The question is fundamentally: To what level of detail do you want culture enforced rather than freely chosen ?  Oligopolies and Monopolies form through actions of choice by individuals. In general, they are just another expression of the strength of a culture to choose small buisness models, farmers markets etc as a way of buying food.  I do not want the choice regulated.
  • There are existing laws regarding constraint of trade and threatening commercial behaviour that should prevent the worst excesses of power.
  • The fundamental control should be through persuading the citizens that purchasing from a variety of sources protects their choice for the future.
All the above are issues that are far more crucial to the US that they are to us for a number of reasons such as:
  • our economic situation is not as dire as the US - yet.
  • they have a far higher levels of entrenched dependency in their urban subcultures that we do - so far.
  • etc etc
Obama's life is interesting and varied.  He is a handsome urbane but ultimately vacuous celebrity.

I would have voted with the million that went for Johnson.  (Note: voting for someone is a choice not an endorsement of everything they have ever said or done - as I am sure Gillard supporters must feel).

Atlas Shrugged (Ayn Rand)

A story for our times.....

A prescient parable for 2012 as the "free" world becomes ever more regulated in the name of collective obligation, and the "unfree" world grows primarily through religious dictatorships overthrowing godless dictatorships.
Rand's central thesis - that there are only a small number of prime movers in a creatively productive society - seems increasingly true as the machinery of anti-business regulation in "free" economies crushes the entrepreneurial spirit.
One startling damning point against Christianity, which I am astonished that had overlooked, is the casting of knowledge as the fruit of the devil. The parable of Adam and Eve is directed not against sin, but against knowledge! Such an evil intent !
There are many minor quibbles that I have with the reasoning - especially her attempt to argue that all contracts are freely entered, except when coerced by the "gun". Only against such contracts, is it morally excusable to retaliate with violence. To me this attempt at simple binary categorisation of coercion denies the smooth continuum of coercive techniques and the consequent continuum of reduction in their moral force.
Criticism of the wooden style and "two dimensional characterisation" is misplaced in that the book is not an exploration of the character of individuals, but the characteristics of human society. It has more in common with `Thus Spoke Zarathustra' than with `War and Peace'. It is a polemic (or even a bible) as much as a novel.
The John Galt radio speech is the longest "voice over" I have ever experienced. It's purpose is explicitly philosophical rather than dramatic.
All books alter the minds that read them. Some books give me the sense that I will see everything a little different for the rest of my life, even if the detail of the text fades. Atlas Shrugged has "shaken and stirred" my attitudes - an experience reported by huge numbers of people over decades. The fact that it has been so 'actively' ignored by the "intelligentsia" while remaining so influential, feeds directly into the novels narrative.

The Downfall of Parody ?

Just noticed the news story Hitler Downfall Videos Being Pulled From YouTube.
Of course that inspired me to have a look....
Love the one about taking down the rants: Hitler finds out about the Downfall Parodies

Commercialism - A Glogal Hegemony
Most behaviours with biological or cultural value are treated as commodities, so they can be regulated as “trade” e.g. the commodity of sex is controlled via laws of marriage/ prostitution/ incest/ paedophilia/ bestiality/ etc etc etc.
The global triumph of “commercialism” as a shallow but all pervading “philosophy” has been aggressively widening the definition of commodities to include all expressions of thought (speaking, writing, singing, painting etc). Their audience thus needs to be regulated at any original performance (e.g. did you realise it was illegal to sing a song that you heard at concert at the restaurant later that night ? (See Happy Birthday). Any subsequent expression made by any person exposed to this original performance is also subject to regulation if a court can be convinced that the expression is derivative from the exposure (e.g. your tune sounds similar, your book has similar lines, your film has similar scene etc etc ad nauseam).
As all language meanings are infinitely plastic, the law of copyright has expanded to truly ludicrous dimensions and is treated with contempt by a huge and growing number of the world’s population. Such threats to commercialism’s global hegemony are treated with campaigns of fear – random severe punishment targeted specifically at “ordinary” people.

Silencing Parody is no joke
The above attempts to remove the Hitler “Downfall” parodies from the global community is particularly pernicious.
Satire (unlike copyright) (involving techniques such as parody, burlesque, exaggeration, juxtaposition, comparison, analogy, and double entendre) is a social activity crucial to free open society. It is a key point of difference between us and countries that we consider to be oppressive such as the Muslim theocracies, and other tyrannical regimes such as China, Russia, Korea, Sudan etc.
Parody is immensely powerful in highlighting the development of “sacred cows” and forcing justification of things considered "beyond question".
The right to parody all memes should be protected - especially when the parody offends, as this indicates that the parody actually has some power. In our culture, Hitler is perhaps the ONLY remaining universal symbol of evil and this elevates the importance of allowing parody in this specific instance.

Stephen Digby

Melbourne club Athenaeum in turmoil over women ban

Can we please have some context for this story ?

Good reporters would explain:
  • How widespread and prestigious are single sex clubs in capital cities.
  • How many are restricted to men only ? women only ?
  • Do they have or need specific exemptions from Equal Opportunity Laws ?
  • Does the published charter of this club state that it was "founded to provide a venue for Melbourne's civic, business, academic and political leaders" ?
  • Was the decision to not consider admission of women made through normal and correct club procedures ?
Unfortunately, the time and expertise that reporters seem to dedicate to researching stories is continuing to decline.

Stephen Digby

No matter what a person does, it's society that is to blame.

The news report, Disabled student takes state to court (31/12/2008) seems to be little more than a press release in direct support of complainants in a court case. The reporters make a lazy attempt at balance by declaring that the government told them it was "inappropriate to comment". Half a thought would have revealed that government officials would be completely hamstrung by the draconian privacy laws. Government officials might also have more sense of balance that those with material interest in obtaining a punitive payment i.e. the lawyers and the mother. In today's news cycle, it was probably far to hard for the reporters to collect "off the record" responses from school staff, other parents or students regarding what it was like to share a classroom or a bus with this student. Alex's swears in ways that could be "misconstrued" as bullying or controlling behaviour. How bad does this have to be before one is refused bus transport ! Make me wonder what it was like for the others. Who cares about the community when an individual's rights are threatened ? Not reporters at The Age it seems.

Stephen Digby

Communities have a right to be informed of criminals in their midst

The offender has "done his time" and "paid his debt to society" and "that's how our legal syatem works". These common sayings are a common but ridiculous distortion of the operation of todays legal system.
One of the key reasons for the public loss of trust in our legal system is the almost total absence of this sense that criminals have a debt to pay. The frustration of citizens at the lenient treatment of child molesters is partly fueled by the fact that our legal system treats them much more as victims that need support for the rest of their lives rather than people who owe a moral debt to their society.
Additionally, there are a huge range of situations where a criminal conviction must be communicated to the criminal's "local community". Teachers, lawyers, policemen and anyone who volunteers for any community service where children are present, must reveal their criminal record (not restricted to child sex offences) and be subject to official discrimination for the rest of their lives.
It does not seem in any way inconsistent to ensure that a community is informed of the presence of a criminal from a group where repeat offences are statistically very common.
This latest case is merely an expression of extreme public frustration over the latest mishandling by the legal system of their responsibility to protect the public.


Stephen Digby

Porn Filters Ineffective at School or Home

The Australian Government seems to be hell-bent on wasting money on an ineffective home and ISP filter systems which are very likely to be bypassed easily by simple strategies including the huge and growing number of "anonymous proxy" sites.
These sites provide a window within a window. The school, home or government computer registers that the user has gone to the proxy site..... and stayed there. The inner window then allows the user to go anywhere, look at anything without any trace.....
As in so many areas of law enforcement (in or outside school), the only real deterrent is a "climate of fear" regarding severe and public punishment for offenders caught by traditional methods - surveillance, informers, mistakes by the perp (e.g. storing images on local machines for later viewing).

Stephen Digby

Banned for $15 pants

In Melbourne Australia, a students defiance of her government school community dress code is aggressively backed up by her parents...

She said she had been offering the Palmers free school-issue pants for the past month, but the family had "rejected them on principle".

Says it all really......

1. Some think the only way to explain their problems is in the desperate search for others to blame.
2. Some think that they can benefit from community resources while refusing to support community values.

Here's hoping that the state supports the right of school communities to set ANY requirements on student dress or behaviour that they see fit.
The future for state education lies in removing the straitjacket of government micro-management and allowing schools to run in ways that their local community actually want.
If Karla and her mother don't like the community rules, then they should find another school community.

Stephen Digby

Student Search - Schools are not like CSI

Teachers at Rowville did nothing wrong based on your article 2007-06-02 Teachers frisk pupil for drugs - Herald Sun. The Victorian Government School Reference Guide instructs teachers with a "cause for concern" to instruct students to "empty their pockets or open their bags for inspection and a failure to comply with such an instruction is a discipline offence." It is only if the teacher thinks the student will not "imminently use" that they should put off the search. You can imagine the hysteria (probably from the same parents) if a teacher assumed the use was not "about to happen, or threatening to happen" and it did happen ! If hysterically defensive parents make schools operate like CSI, then there will be even less staff time and energy left for actually teaching !

Stephen Digby

Narcissism and the Virginia Tech Massacre

Christopher Lasch is reported to have said that narcissism as the signal disorder of contemporary American culture. The cult of celebrity, the marketing of instant gratification, scepticism toward moral codes and the politics of victimhood were signs of a society regressing toward the infant stage.
The more we dwell on rational causes outside the criminal, the more we feed the belief that the chain of events was built on people having "needs" that weren't met. The analysis can be read as absolution from guilt - who can be guilty when they are merely the end effect of a causal chain? The centrality of the criminal in the analysis can create an attraction to just the same type of criminal.
When a crowd is gawking at the mounds of human flesh left after a horrific event, there is a sense that they should be moved on - that their understandable fascination can so easily build into schadenfreude, or worse....
The media need a similar "move on" message. I would hate it to come from another law in a society that is already strangling itself in the fallacious belief that laws can fix every cultural conflict. It should come as an informal but public reaction by a wide range of community leaders and groups. Telling us a million details about the life of the criminal is unhealthy at least and deeply antisocial at worst.

Stephen Digby

Double Jeopardy

Discussion arising from 2007-04-20 Double jeopardy principle in dock - Australian

Sounds entirely reasonable to me that, after either acquittal or conviction, the appearance of substantial new evidence should allow a reconsideration of the judgement. The fundamental principle should be that the facts should influence the evaluation of the jury and/or judges. If substantial new facts become available, then the judgement may be different. Surely, the same principles that determine whether a judge allows a reconsideration of a conviction could be used for the reconsideration of an acquittal.

"Better that ten guilty persons escape than that one innocent suffer," 2 says English jurist William Blackstone.

The story is told of a Chinese law professor, who was listening to a British lawyer explain that Britons were so enlightened, they believed it was better that ninety-nine guilty men go free than that one innocent man be executed. The Chinese professor thought for a second and asked, "Better for whom?"

See wonderful article on the number of guilty various people would let of.... the article asserts that current value is 59.72 ... http://digbyreferences.blogspot.com/2008/12/n-guilty-men.html

Stephen Digby

The Purposes of Punishment in Schools

Education : Teaching students what IS right and wrong. It is high intellectual conceit to believe that a moral code can be so perfect that its mere explanation will ensure compliance. Actions against certain behaviour show them what the boundaries are.
Deterrence : Lowering the frequency of certain behaviours regardless of whether a student accepts the moral order. They merely wish to avoid the punishment they have seen meted out to others.
Rehabilitation : Behaviour modification works on any animal. Rehabilitation is a long term hope arising from deterrence: the student removes the behaviours from their repertoire, and absorbs them into their moral system.
Restoration : One technique of rehabilitation that focuses on moral teaching by attempting to repair the relationship or restore physical damage etc. It is an extreme view to believe that it can completely replace all other elements.
Honouring Values : Demonstrating that a system of codes is respected and actually implemented is crucial to the credibility of that system. e.g. disregard for the school uniform rules directly increases the frequency of a wide range of other misbehaviours as the "system" has lowered credibility.
Revenge, Retributive justice, or Retribution : If the system causes the wrongdoer pain, it is less likely that the victim (or the parent !) will try to exact their own retribution (e.g. "if he hits you, you bash him back !). Punishment systems act as a proxy for victim revenge so that individual vigilantism and revenge is reduced.
Incapacitation : Served by expulsion. If they are not present, they cannot break the rules. Necessary and underutilised strategy. Expulsion also has the advantage of powerfully complimenting deterrence. Only repeated and long term suspensions achieve this end. Usually suspension is directed at warning of the possibility of expulsion, encouraging parental reflection and action, and leading to an inquiry.

Stephen Digby

Jesus loves child molesters

The display of simple-minded and divisive posters saying “Jesus Loves Osama” outside the Glen Iris Uniting Church in Melbourne has caused some passerby to take direct action and remove them.
Rev Peter Whitaker is shown on the front page of the Progress Leader with his “script”. Thinking for himself ? I don’t think so. The script sheet he was presumably sent by the “Outreach” group shows some more lame attempts to get publicity for a church with rapidly diminishing relevance in the community.

Instead of using a real pariah, the church decides to use name that IS loved by some Muslim extremists in our community. The poster then encourages the community to believe the The Uniting Church sympathises with this extreme view. The choice of Osama is also likely to mislead because of the Church’s widely known opposition to the war in Iraq. Saying “Jesus loves Osama” in the context of this policy also invites belief that the church is on the side of the Terrorists.

A sincere sign of compassion would have been to extend jesus’ love to one of the very few truly universal pariahs. Let’s see if the church has th guts to replace the poster with the much clearer message: “Jesus loves Child Molesters”.

Stephen Digby

http://www.progressleader.com.au/article/2007/02/13/10336_ppv_news.html

Motives for publishing - Citation vs Copyright

I think that Ted Gannan (Publishing Studies, No.2) makes a serious and socially damaging mistake when he fails to acknowledge other motives than the "economic incentive to write and create".

Publishing is the final product of a series of human motivations.

I take as an axiom the desire to know. This is a instinct encouraged and guided to serve a culture. Many people express this only by seeking information of obvious relevance to their work-a-day lives. Others realise both the impossibility of predicting future utility, and the ability of the human brain to create new concepts seemingly greater than their knowledge base. The seed of many important discoveries has been in the ability of some person to put together many disparate pieces of knowledge in a new way. The breadth of knowledge of these individuals is often as important to sparking this discovery as the depth of knowledge about theis speciality.
Humans are a technological curiosity in part because we seem to have broken the evolutionary chain that links curiosity with obvious survival value and we desire to know everyone elses business as well as our own. We study the most esoteric subjects for the pure joy of speculation and the exercise of reason.

The desire to express one's view is a basic instinct born at the same moment we discover communication tools whether they be vocal cords or the internet.

 If you can grunt you grunt in a personal style using (or helping to create) some recognised system of meaning by which others can receive your message. If you can, you will grunt something new (or nearly always, something built on the work of others to which you have contributed some new element).
Some expressions become socially important by chance or design - immediatelly or in a hundred years. Examples abound in writing, painting, music and other modes of expression. In the same way, some expressions become ecomomically important by chance or design sooner or later.
Economics truly raelises its epithet as the "dismal science" when it attemps to discount the importance of all motivations other than profit. This is a philosophical hangover from the mechanistic beleifs of the key prophets of economics in the 1700's. In areas of the world where its hollow offers of rationalism and "world best practice" are heeded, it rapidly erodes any expressions of human culture that cannot be used to generate profit.

A corollary of the desire to express one's view is the desire to influence others and the world, and to be recognised for doing so. 

The desire to be remembered (for good or ill) becomes more and more addictive the closer the person comes to acheiveing it. More commonly, this motivation can appeal to anyoine whose life options may depend on recognition by others - that is, everyone ! Ted Gannan's career may be greatly assisted by large scale (illicit) copying of his article and its subsequent citation all over the world. The World Wide Web (WWW - a much more organic and poetic label than the "Internet") allows a huge number of people to attempt this, and thus it reads like a textual Babel, or as Hilary McPhee puts it "a gigantic slush pile in hyperspace".
The economic motivcation for creativity is a potent force indeed, but tertiary to the above human desires.
An analysis of the history of key published works in all fields would reveal this, as it does in mathematics and science.
Galileo Galilei (1564-1642) is a fascinating case showing how all three motives are usually competing within he same complex human (in contrast to the image of the simple mechanistivc economic animal). His work on the movement of planetary bodies was motivted by the religious desire to know the mind of his god more closely than through the reading of god's text (the Bible) alone.
He desired to celebrate this by communicating to the world. He knew that such important knowledge was dangerous, but the enduring laurel of "first to know" was worth the risk. He paid a heavy price.
He also knew that important publications in both cosmic and earthly subjects would improve his authority, his career and, yes, important, but last and least, his finances. He did take great pains to defend his authorship of good little earners like his miltary comapss and its instruction manual. Again his motives seemed to include both the outrage against plaigarism (i.e. absence of citation) as well as the effect on the sales of his own product. But he spent as much energy ensuring that he was accknowledged as the first to see the moons of Jupiter. Unfortunately for publishers, there is no copyright available on that type of vision.
The most important issue is not the republishing of digitally stored materials, but the need to ensure citation of those materials.
This seems like a minor issue because there is (currently) no charge for citation. It's importance lies in its human cultiral value. It acknowledges and usualy compliments the work of others. Imitation is a sincere for of flattery (Who said that first ?). It puts a social constraint on copying where the purpose may be turned to profit. It is good manners - and what are manners other than attempts to avoid unnecessary conflict - legal or otherwise ?
Most importantly, citation satisfies the human desire to communicate (the author experiences the delights of seeing his words, images, sounds etc. multiply and spread under their own power) as well as the desire to be recognised and remembered as an influence on the world.

Copyright may be the bread and butter of the publisher, but it is the icing on the cake for the author.


The Author: Stephen Digby, Bachelor of Science Degree (Monash University); Diploma in Education, (Victoria College), Graduate Diploma in Computer Education (Victoria College). Stephen has worked in primary, technical and high Schools in Victoria as a teacher, computer education, maths and science consultant for 16 years. His other career experiences include managing a Computer Education Teacher Training Centre, working as a writer for the Information Technology Study of the Victorian Certificate of Education, and teaching mathematics in the USA. He is currently Maths Co-ordinator of the Castlemaine Secondary College, Victoria.


Digby, Stephen. From Stephen Digby, 8 January 1997 [online]. Publishing Studies, No. 4, Autumn 1997: 5-6. Availability: ISSN: 1324-7662. [cited 01 Feb 13].

Copyright Law continues to be an ass

"Singing Happy Birthday is illegal"

As Dicken's noted, the law has always been an ass.
When you sit down to Monopoly you sometimes renegotiate a rule or two by mutual agreement, but most of the rules are set by the manufacturer.
Society is a bit like that - we didn't get to make the vast complex web of rules that govern us, we just get to tinker democratically with a few things at the edge while the manufacturers continue to make most of the important decisions. Most people just ignore the rules that they do not agree with and hope that they do not get caught..... unfortunately, as with drug laws, if there is a significant minority that does not agree with the law, these people begin to collect to gether and separate from the mainstream in many other ways creating what we often call a "subculture". Thus the drug subcultures, the peer to peer subcultures etc. that danger for society is that many other influences and opportunists also work within these subcultures and the outcomes are often unpredictable and socially divisive and damaging(e.g. crime, lack of compliance and trust of police etc, lack of regard for other laws etc).
Thus the need to work to oppose laws that are flouted openly (and has socially accepted) OR to change the social acceptance (as has been done in my generation with drink driving).
I think that the possibly of changing the social acceptance of music sharing is very unlikely..... sounds more like alcohol prohibition than drink driving.

Turkey slapping - should Big Brother Australia be banned from TV

See: 2006-07-05 Shun the crass, but why ban - The Age

I agree wholeheartedly with the sentiment, but disapproval of values or practices do not constitute valid reasons for banning.

They are valid reasons for political pressure on media companies to "self-regulate" or "self-censor". There is nothing unhealthy about self-censorship being "encouraged" by an estimate of the level of reaction from the community. It is far better to guide social practice through these "intuitive" assessments of "the right thing to do" (and what happens if I don't !) than through vain attempts to write laws. Legal codes do provide some protection when brokering within cultures that have very high levels of diversity (or very low levels of tolerance). But, their complexity and the impossibility of defining all possible present and future circumstances make them increasingly oppressive, inefficient and increasingly counterproductive.Annie knows, as most "right-minded" people, that Big Brother should never have been put to air - but it represents a drift along a continuum rather than clean break with the past. The law would fail to make a distinction.Just imagine the response to my plea:"The AFL's values undermine us all and are more dangerous that terrorism; The AFL's misguides the audience; The AFL's exploits the participants; The AFL's values are shallow and untrue and lead to unhappiness; The AFL inspires terrorists and me to despise our society; The AFL diverts attention away from important issues affecting peoples lives; The AFL is an insidious diversion from the real loss of freedom of speech in the proposed cross media law reform proposals; The AFL is a right wing diversion to confuse people about issues of freedom of speech and choice; I have a friend who works for the AFL is ashamed and wants it to stop; I don't know how to keep my spirits up when I think of the AFL; Howard appears to have moral fibre by attacking the AFL and that is good for John Howard, particularly now that Costello has confirmed that he is a liar and has no moral fibre"Not far off my real sentiments !! And most statements taken separately would be defensible. To me, Howard is right but far too faint-hearted. He should begin a debateShould Big Brother be censored ?
Issues:
Censorship: Should it occur at all ?
Every society on earth exercises formal or informal censorship. Those who profess to be against all censorship, merely wish to see censorship relaxed. When confronted with clear (and real) extremities, they resile (choose one or more from a list including: child pornography, extreme violence, incitement to treason/ terrorism/ racial violence). The total absence of censorship would mean that the representation, recording and communication of acts of evil would be sanctioned as long as the communicator had no part in the act itself e.g. I would be free to sell a movie of a child being sexually assaulted and killed as long as I had no part in its production, or it was a simulation. Western societies have already drifted quite close to this ludicrous situation due to the inability of any law to deal with any continuum - as there is no clear line in logic or language, the line is defined in terms of social acceptance. Commercialism ensures that social acceptance is continually widened (the boundary events are always the most profitable e.g. "turkey slapping" so they are given greatest exposure and thus create social acceptance in readiness for the next relaxation of standards). Countries dominated by Muslim rulers are rightly contemptuous of the degraded nature of our media where the word "freedom" is indeed nothing more than "license".
Answer: Most definitely !

If, yes under what circumstances ?
The kernel of the debate ! Again, we return to the two major deficiencies of democracy - that it is prone to populism (especially in Australia due to a strong anti-intellectual strain in our culture) and that it can lead to a dictatorship by a majority. A populist can argue that only "wowsers", the "stuck up" or "killjoys" would want to stop "Big Brother Uncut" or the film Baise-moi etc. The argument rests on the "common-sense" belief that "I could watch it and not be harmed". This argument neglects both the cumulative effect of small exposures as well as the social effect on the whole society when just one person is tipped into criminality by the exposure. The populist would use the principle that government should only interfere with freedom as an extreme last resort, while stressing the widespread perception that the law is steadily eroding basic freedoms. Thus the banning of a film would be yet another interference, and worth opposing in principle regardless of the merits of the film.
Answer: Censorship should only used where communication would result in significant demonstrable harm to the viewer or to the producer. The viewer may claim that no harm will arise, but if it can be demonstrated that significant harm results from the viewing, then censorship would be justified e.g. children viewing sex or violence may say that they are not harmed but if measurements of attitudes or actions reveal significant harm, then censorship from these viewers would be justified.

Does use of a limited public asset (TV broadcasting frequency) imply a public duty to do good (or at least do no harm) ?
Television is currently a special case because the public licenses to broadcast are currently limited, unlike the capacity to print newspapers or provide online content. Within the next decade, this distinction will disappear as the ability to offer video information to the world will available to nearly every individual (just as the ability to offer text and images to the world is now).In the meantime, there is a strong argument that these limited licenses should be used to contribute to the public good, and certainly should do no harm. It would seem unreasonable to argue that limited public assets should be given to those with no consideration to the public good - even though that is in fact the current situation.
Answer: Yes

Is Big Brother morally or socially good, bad or neutral ?
The central purpose of Big Brother is to create stress by: isolating them from their normal social support networks (people, work, recreations); by ordering them to complete meaningless tasks in a highly competitive environment with the powerful reward and punishment of large sums of money; to deliberately encourage them to act co-operatively while requiring them to be disloyal to win the game; to stress the importance of popularity over principle through the anonymous shallow judgment of public voting; to encourage voyeurism through the exposure of highly personal activities to the public; ... to name a few.
Big Brother is a classic example of the strong tendency of globalization (in this case, media globalization) to actively undermine cultural autonomy in order to promote globally consistent markets. It also demonstrates that commercialism has a strong tendency to lower any standards of practice (moral standards, safety standards, employment standards etc) due to the absence of any guide to action other than the one dimensional inhuman measure of profit.
Answer: Big Brother is unequivocally bad.

Does Big Brother fall under the general justification for censorship
Any free society must tolerate a very wide range of "bad" (e.g. risky motor bike rides, cigarettes, table top dancing) because so much of the "pursuit of happiness" involves them. All these "bad" activities are controlled (and often taxed !) by society to some extent in recognition and compensation for their "badness". Nevertheless, they are tolerated as essential ingredients of freedom. Big Brother is definitely in this category. There are already (totally ineffective) restrictions on the broadcast times of its worst aspects (Big Brother uncut).
Answer: No. The argument for demonstrable harm could be made in relation to many of the aspects mentioned above, but the relatively mild degree (in our debauched society) would ensure that any "average" or "reasonable" person would not ban the show.

Does Big Brother meet the higher duty implied by TV broadcast license ?
If governments asserted the novel view that public assets should contribute to the public good, then Big Brother would certainly be a case for a review of the broadcasting license. Unfortunately, the normal experience over the last few decades is that government only regulates for harm minimization rather than promotion of public good. The reason that governments rarely do this anymore is bound up in the retreat from any "shared values". To promote something is to reveal that it is valued. To value a something specific (even such as "motherhood") is anti-diverse, a slur on all "non-mothers". Governments much prefer to be thanked for fixing a hundred problems, rather than be blamed for planning a healthier happier society that does not provide a solution to every problem.
Answer: No. While TV is still broadcast using a restricted public asset, Big Brother contradicts the requirement to contribute to the public good and to do no harm. therefore it should not be broadcast on public television.

Are there other social control mechanisms which could prevent broadcasts that harm ?
"Just change the channel" is a common response from defenders of Big Brother. This is of course, an effective method of social control. In some countries it has been used to partial effect. Other strategies have included street protests. Other strategies could be tried (such as the successful lobbying against advertisers used by the US Moral Majority). The strategies commonly promoted by the "left" such as "direct action" could also be effective - e.g. physical invasion of the studio and disruption of the broadcast. I support such actions, in exactly the same way as I support most industrial action, as part of the variety pressure valves needed to maintain a healthy democratic society. All of these strategies require sacrifice by the citizens involved (e.g. pay, fines, freedom, amusing TV viewing). These sacrifices need to me made willingly without compensation if the society is to remain responsive and avoid extremes through complacency. I hope someone tries some of them in Australia.

Conclusions: Censorship is necessary in every society. Where to "draw the line" is always a matter for debate. The line is being actively and continuously redrawn by the forces of evil (globalization and commercialization). Use of public broadcast licenses require a higher duty of care than for print or internet. Big brother is definitely bad. Big Brother should not be censored. Big brother should not be shown on public TV. Direct action should be supported in order to discourage bad social tendencies such as Big Brother.

Indigenous rights in Melbourne Parks

Re the aborigines in particular: I think any sort of political action these days is pretty good, even if it does end in tears
Ummmmm.... What about camping in St Kilda Rd... that would bring traffic to a stand still !! What about a bombing ?? That would be good.... NOT !
If we want to keep out of the extremes of politically motivated violence we see embedded in other societies around the world, we need people to assess the social acceptability of their protest methods, whether they are peaceful or not !
Get people too excited and they will react with violence to even peaceful protests.
imagine the potentially violent reaction against someone peacefully arguing that AIDS is a good way of getting people to self reflect on their sexual morality .... or that Bird Flu is a just Gaia trying to fight the plague of humans on its surface... etc etc
Don't lawyers cite the act of yelling "fire" in a crowd as a limit to free speech.... etc etc

I would love them to have a bit of parkland, maybe in front of the casino or one of those Major Events sites, except it wouldn't be so nice for them.
Don't they have plenty of parkland elsewhere ?? I can't even light a fire when I camp in the bush let alone in an urban park ! Can we start treating aborigines as equal citizens some time this century ? - rather than perpetual victims of a past few of them even know.

Sad when what looks like a group of losers play on the collective guilt of the privileged bleeding hearts.

Perhaps their "spin advisers" believe that all publicity is good publicity. I think that the whole circus is very counterproductive in terms of dissipating sympathy with the "general public".

The longer it stays and attracts a more diverse group of hangers on, the more likely it is that "incidents" will occur that bring even more public disapproval.

Economic rationalism and the world's "best practice"

Jobs need to be kept in continual short supply so that desperate workers will embrace them. They will embody the "world's best practice" in productivity which can only be sustained by the worlds worst practices in pay and conditions.
A company makes cheaper running shoes than we do by the innovative use of child labour. The initiative is plainly good because it creates jobs and leads to the best product at the best price. This is economic rationalism unfettered by culture. Anyone opposed to this must put forward a powerful case for putting these poor children back on the street - poverty stricken, and for making us accept higher priced shoes !
If a company wants to remain open every hour of the week. The initiative is plainly good because it creates jobs and leads to the best service. Furthermore, because the company's market share increases (at the expense of other businesses who are open shorter hours) they can offer the best prices. Anyone opposed to this initiative must put forward a powerful case for the quality of service provided by small businesses open shorter hours.

Without a strong commitment to cultural rather than economic values, both these cases will be lost. Economic rationalism is fundamentally anti-culture. Culture places irrational constraints on the market. The intellectual commitment to culture is worn down with naive praise for a vague notion of "internationalism". It can also be directly attacked by renaming it as "nationalism" (nationalism is just cultural commitment that is linked to the place where the people live).
The practical commitment to culture is worn down simply by marketing any products globally. Fashion is the surface of culture. If you continually grind off any local allegiances with products from all over the globe you will weaken culture - thus weakening another constraint on free enterprise.

Redfern Riots: Pillocks Pillage Police

In response to Redfern Riot Reporting

Although extreme this view does touch on the fact that the police were obviously under rules of engagement that actually exacerbated the situation. Children (and their inciters) presented with targets and no respone to their actions experienced an increasing "high" at their "power" (as reported by the girls interviewed). The police should have brought in some armoured vans and removed a number of "front line" offenders. The rest would have quickly been intimidated. Although attempting to deflect criticism of bias by at least interrogating police, the show was absurdly biased against the police (as usual for the ABC unfortunately). The interviews with aboriginals were sympathetic, credulous, extensive and involved many people with little credible information other than their own extreme predjudices (in particular the unfortunate girl who had a great night !). The interviews with police were adversarial and unsympathetic. The facts are that one youth with extensive history died an accidental death due to his fear of apprehension for his latest crimes. Even IF the police were pursuing him, they would not be to blame for his death. Unfortunately, there is a dynamic that all reporters seem to be addicted to: organisations are always wrong because they should be perfect in future and hindsight regardless of the extreme situations that their represetatives are in. Individuals (other than members or owners or organisations) on the other hand are always victims regardless of their extreme and irresponsible actions. Why ? Because it "runs" better with the "culture of complaint" that the press submits to and thus nurtures. The most extreme eaxample sof this culture of course were portrayed in your show. People, whose primary failure is their inability to maintain any coherent culture that could protect them from the predatory elements in any society. Yes, Aust history had a role in this a hundred years ago, but today.... ????

Redfern Riots & Parental responsibility

In response to ABC discussion convened by John Faine after Redfern Riots

The key difference between the present and the past is the huge loss of parental guidance in the lives of these children. Parents should be WITH their parents on many evenings, on other evenings they should be at adult supervised activities such as clubs and sports. The acceptance by parents and our culture that youth should be able to congregate unsupervised in public places is a recipe for disaster. The idea that we can construct some new frail structures (mentoring etc) that can redirect this inherently unstable and immature groups is a fallacy. The apologists for failure can be readily identified by phrases such as "in this day and age". As well as returning to parental responsibility and adult supervision, we need to regard the antisocial media influences on music video and advertising in general as health risks in the same way as smoking and aggressively control them. The only suggestions coming from the apologists for cultural collapse are more money from government and more "tolerance" of the loss of public freedom in public spaces. In summary, the key practical actions that would make a difference are: - public campaign reinforcing parents responsibility to know where their children are and what they are doing. Similar style to TAC & drug ads. - public campaign and perhaps "curfew" legislation to ensure children of different ages are at home or under direct parental supervision at certain hours - legislative changes to make parents legally responsible for children's supervision (i.e. parents supervises or ensures that child is involved in supervised activity) - directed financial assistance from local/ state / federal govt towards activities such all sorts of healthy socially beneficial supervised sporting and special interest clubs. Provide supervision for skate ramps etc. (dispensers of support have responsibility to be careful that sick elements do not get into this funding e.g. rap group = violence antisocial misogyny etc) - community leaders actively challenging the pop culture as antisocial and in many cases "sick" by almost any index. Local/ state / federal leaders identifying the execs in pop culture (music clothes etc) and advertising and making them responsible for using their enormous creativity for positive socially uplifting messages embedded with their sales pitch. Threaten c legislation but hopefully avoid. Treat them like the irresponsible road speed encouragers, the tobacco pushers, the alcohol pushers, the gambling pushers etc. - more if you are interested ....... In summary, the key actions that are great BUT won't make much difference BUT will look good on a local/ state/ federal govt action plan are: - expensive highly supported high profile pilot programs in a range of great ideas that just cannot be scaled up to make any significant impact e.g. mentoring, big brother - more youthful youth officers employed by local govt to run tiny groups that make a few newsletters with the involvement of either the better behaved and educated do-gooders OR some worst offenders who have "seen the light" (possibly literally). - more attractions to congregate without adult supervision such as nooks and crannies, seating, skate parks, ramps, etc etc.