Abbott’s attack on ABC proves politicians are free press chameleons – @journlaw reports

Mark Pearson

Mark Pearson

No Fibs media writer and author at Journlaw
Mark Pearson is professor of journalism and social media at Griffith University. He is Australian correspondent for Reporters Without Borders.
Mark Pearson

@journlaw

I am a media law and ethics researcher and teacher, journalist and author. Australian correspondent for RSF. Author 'Blogging and Tweeting Without Getting Sued'
Symposia on Drones and the Media to be hosted by @GUCulturalResea, @Griffith_Uni November 3 & 4 http://t.co/D8H18xAlpa #MLGriff - 9 hours ago
Mark Pearson
Mark is the author of Blogging and Tweeting Without Getting Sued – A Global Guide to the Law for Anyone Writing Online (Allen & Unwin, 2012) and co-author with Mark Polden of the fourth edition of The Journalist’s Guide to Media Law (Allen & Unwin, 2011).

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By Mark Pearson  @journlaw

5th February 2014

Politicians are free expression chameleons. Regardless of their political colours, they are inevitably staunch advocates of a free media and the free flow of information while in opposition.

When they win government they tend to shut down criticism and negative press by implementing policies and passing laws to limit scrutiny.

Tony_Abbott

Australian Prime Minister Tony Abbott … called the ABC ‘unpatriotic’. [Image: Google free usage]

We saw this happen in Australia this week Prime Minister Tony Abbott’scriticisms of the Australian Broadcasting Corporation on the eve of his government’s announcement of an‘efficiency study’ on the independent national broadcaster.

Less than a year ago, the former Gillard Labor government’s proposed media regulations which risked journalists and media organisations being shackled by a new privacy bureaucracy.

Less than two years ago theFinkelstein Report had journalists potentially being jailed or fined for disobedience of its proposed regulatory regime.

At the time I blogged about the potential implications of the Finkelstein recommendations (The Drum: ‘Media Inquiry: Be Careful What You Wish For’) and then communications minister Stephen Conroy’s poorly named News Media (Self-Regulation) Bill. [Also see my commentary in The Conversation putting all this in an international media freedom context.]

Those proposals arose in a highly politicised context where the then government believed some media outlets were biased against them.

The new Abbott conservative government – despite having opposed those reforms under the banner of press freedom – now seems to have adopted the public soap box and budgetary strategies with the ABC directly in its sights.

Prime Minister Abbott used a populist radio program to label the ABC ‘unpatriotic’ following the broadcaster’s publication of claims by asylum seekers that they had suffered burns during an Australian navy operation. [Well detailed by former ABC Media Watch host Jonathan Holmes here in The Age.]

In the same radio interview Mr Abbott criticised the ABC’s reportage of the Edward Snowden NSA leaks, including the revelation that Australia’s spy agency had secretly tapped the phones of Indonesian president Susilo Bambang Yudohoyono and his wife in 2009. He questioned the funding of the ABC’s FactCheck Unit which a few days earlier disproved his claim asylum seekers who alleged mistreatment by the Navy were breaking the law.

His criticisms came only hours prior to the Minister for Communications Malcolm Turnbull announcing an “efficiency review” of the ABC and its sister national broadcaster SBS (Special Broadcasting Service). The review will be looking for cost-saving measures in the lead-up to the May budget.

Reporters Without Borders has a long history of dealing with governments that demand national broadcasters be more patriotic in their coverage under threats to withdraw funding. But these cases rarely occur in Western democracies with a relatively high media freedom ranking. (Australia’s was 26/179 in 2013).

A free news media and a truly independent national broadcaster should be neither patriotic nor unpatriotic – such calls to nationalism are anathema to genuine truth-seeking and truth-telling in society.

An independent national broadcaster is not the equivalent of the marketing arm of a large corporation.

The ABC’s reportage of both the asylum seeker allegations and the spying scandal is understandable given the Australian Government’s policy of withholding information about the fate of asylum seekers who have attempted to reach Australian shores by boat.

The Australian Government’s policy of refusing to provide the media with details of such operations and in limiting media access to detention centresdeprives Australian citizens and the international community of important information on a key human rights issue.

When journalists are deprived of basic information they are within their rights to publish serious allegations like those of the asylum seekers who claimed to have been injured at the hands of Australian defence forces, particularly if government sources are refusing to offer information about the circumstances.

They are simply reporting the truth that the allegations have been made. Authorities and other media or citizen journalists can set the record straight with evidence if the allegations are unfounded.

It is quite different from false allegations about an individual citizen – where that person could sue for defamation.

There is a policy reason large corporates and government entities like the Navy cannot sue for defamation over such allegations: in a democratic society such assertions deserve circulation so citizens can weigh their credibility.

Even if ultimately proven false, the allegations of mistreatment of asylum seekers had an element of plausibility when made because the Australian authorities – including the Navy, national security agencies and the border protection regime – had ‘form’.

It may be unpatriotic to say this, but documented incidents suggest it would be naïve to give Australian governments (of whatever persuasion) and agencies the benefit of the doubt in such situations.

They include (at the very least):

  • The ‘Children Overboard’ Affair in 2001 where Howard Government and defence claims about events concerning the Norwegian freighter MV Tampa proved to be politicised and misleading.
  • The recent revelations that Australian agents eavesdropped on the Indonesian President and spied on East Timor during oil and gas negotiations.
  • The Howard Government’s dogged determination to pursue Gold Coast doctor Mohamed Haneef, damage his reputation and cancel his visa as its terrorism allegations against him evaporated in 2007.
  • A litany of examples of unpublicized incidents at immigration detention centres, evident only months after the event through Freedom of Information requests and appeals by determined citizen journalists.
  • Recent allegations of ritual sexual abuse by Australian Navy personnel on board ships used for border protection duties.

The free flow of information is crucial to the democratic standing of a country like Australia. Such attacks by political leaders and calls for patriotism are what we expect from nations ranking much lower on RSF’s World Press Freedom Index.

The Australian Government should direct its energies to improving the free flow of information in society and granting better access and information to journalists and other citizens instead of name-calling, threats of fund cuts, and bizarre calls for media patriotism.

Hear my ABC 91.7 local radio interview on the issue.

Comments


  1. I am surprised the PM has not labelled SBS ‘unpatriotic’ for showing Al Jazeera footage of asylum seekers claiming harsh treatment by RAN personnel and for showing the orange coloured lifeboat (allegedly one of the many to be used to return refugees from Australian waters) moored in the background.

    Because Abbott and Morrison persist in using their Maxwellian Cone of Silence (and other instances of Maxwell Smart thinking)we may never know the truth or falsehood of these allegations. However by even showing such news SBS will be deemed to be as “unpatriotic” as the ABC and will no doubt suffer under the recently announced “funding review”.

    I also wonder what will happen if the Indonesian Government decides to sell the lifeboats gifted to them by us taxpayers. Maybe people smugglers will buy them and be able to guarantee asylum seekers much safer boats to take them to Australia. At least that way they could be re-used again and again, a sort of Indonesia/Australia asylum seeker shuttle,


  2. Keep articles like this coming and I will pay forward.

    There has to be a way around the entrenched Murdoch media.

  3. Eva Makowiecki says:

    I have American friends who, when in Australia, marvel at the wonder of the ABC. There is nothing like it in the US. And the US has Fox News – which should give you an understanding of the state of commentary that passes for journalism in the US. The stuff Fox says would most likely be defamatory in Australia, and is so biased and purposefully misleading it wouldn’t rate as D grade journalism. But Rupert Murdoch owns it, and wants Australia to go the same way. “The Australian” does this well while posing as a news gathering and distribution facility. Whereas that paper that had Conroy compared to Stalin, Hitler, etc., is such an embarrassment, they should be with Fox News.

    Mercifully, Australians are generally repulsed by the Fox News type of behaviour, but progressively, over some years, the relentless ‘pro-market – at all costs’ forces have pushed the political agenda further and further to the political right, so now you are meant to think you live in a totally free market, and deviations from this must be fought. Witness the relentless insurance advertising – you know the ones, where you can’t possibly love your family if you don’t have the full range of insurances. If you just watched the advertising, you would not be aware that Australia has any sick leave or holidays in awards, no disability or unemployment benefits – or any welfare system at all, no mortgage insurance (the kind the bank makes to you take out). I’m not saying not to get the insurance you need, but this is not the USA. What next? Selling guns on TV?

    Prime Minister, please stop attacking the ABC (who after all did nothing more than report what was said – and while it may be inconvenient, it is more important to report it than to stay silent) and its incredible heritage as a news organisation. And start defending us against predatory multinational corporations, start to defend/stop actively discouraging Australian manufacturing, save the Australian farm (against mining degradation and foreign ownership), stop insisting that our workers need to be on Third World wages, stop pissing off our neighbours by telling them that our sovereign borders count but theirs don’t, AND start acting like you live in a democracy, i.e. stop deciding what we do and don’t ‘need’ to know and simply expecting any thinking people to buy that crap. In short, when are you going to start sticking up for Australia and Australian democracy? Attacking the ABC, in this Putin-like and self-serving manner comes dangerously close to undermining the only objective news service in the country, and therefore undermining our democracy. It really is that important Mr Abbott.


  4. I think this criticism regarding the ABC from the government is as undemocratic as you can get, and just as serious as suppressing the news about the boats and the proposed forced implementation of religious teachings into our schools. Is nothing sacred from these so called politicians. Think about this, these issues have been directly involved in many countries internal violent political clashes and their downfall. Maybe not comparable but this is the start of forcing political will on a democratic society where we can make our own choices on what we want to believe and react within the laws as free people. Let us not take on extreme policies to force division in the Australian people just like the old communist dictators forced upon their people.


  5. I think simply put tell LIES half TRUTHS and use Clobal, national or local owned media to propogate misinformation bancrupcy penalties should apply. Freedom of the press should not be without any penalties for ABUSE of that freedom.

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