Tag Archives: Commissioner for Freedom

Abbott’s tyrannical silencing of 1,892,100 possibly critical political opinions

9 Apr

GovernmentThe recent directive from the Department of Prime Minister and Cabinet on the lack of freedom of speech public servants have as private citizens, includes the expectation that government employees will dob in colleagues they believe are criticising the government.

This report in the Guardian, linked above, begins with a declaration by Tony Abbott before he became PM:

There is no case, none, to limit debate about the performance of national leaders. The more powerful people are, the more important the presumption must be that less powerful people should be able to say exactly what they think of them.

I’m baffled as to why this noble sentiment isn’t applied to public servants. Engaging anonymously on social media is no protection for them, as is evidenced by the sacking of Immigration Department employee Michaela Banerji who tweeted critically of the department using a pseudonym, and lost her job.

In subsequent action, Ms Banerji argued that there is an constitutionally implied freedom of political communication for public servants, however, the prospective costs of prolonged legal action caused her to withdraw and settle out of court, leaving the claim untested.

There are some 1,892,100 public servants in Australia, accounting for 16.4 per cent of the workforce. None of them are permitted to offer personal political opinions critical of the government on social media. It is unlikely that this restriction will be challenge by an individual. The government has deep pockets and access to the best advice, when it comes to defending legal action against it. Yet it would seem a matter of urgency that a challenge to such tyranny is launched.

It is tyrannical to forcibly silence critical political opinion with the threat of loss of livelihood. While no one can reasonably endorse public servants using knowledge obtained in the course of their work to criticise the government of the day, general personal opinion, of the kind expressed by Ms Banerji in her tweets ought to be permitted, unless the government is so insecure it cannot bear scrutiny.

A robust and confident government should not fear robust critique. Politicians need to be reminded that they have their jobs only because the electorate allows them that privilege. Stifling dissent will never endear governments to the citizenry. Part of a politician’s job is to weather the inevitable storms of criticism, and if they are too weak to do this, they are too weak to govern a country.

Human Rights Commissioner for Freedom, Tim Wilson, has this interesting take on the responsibility of public servants to the governments that employ them, noting that respect and civilising behaviour are the admirable goals of speech conduct codes.

As Mr Wilson once tweeted that protesters should have a water cannon turned on them, his notions of civilised behaviour are likely unreliable:

@timwilsoncomau Walked past Occupy Melbourne protest, all people who think freedom of speech = freedom 2 b heard, time wasters … send in the water cannons

Wilson also draws a comparison between criticism and respect, which to my mind is totally false. Respect does not, and never has implied inevitable agreement or lack of criticism. It is a very dangerous conflation Mr Wilson makes, and it is especially concerning that the Commissioner for Freedom (I still don’t know what that means) seems unable or unwilling to consider the complexities of competing rights.

My sympathies are with the many people I know who work for the government. To live in the knowledge that one must be constantly aware of one’s speech for fear of losing one’s job is not how one expects to dwell in a liberal democracy. It is absolutely unacceptable that so many Australians must live this way, with the additional fear that a colleague may at any time dob them in. I am at a loss as to understand just what kind of society the Abbott government envisions for our country. The tyrannical silencing of so many people because it is too weak to withstand critical commentary, does not augur well.

If any public servant wants to be an un-named source, he or she is very welcome on this blog.

Tags: , , , ,

Freedom to speak badly: one rule for protestors, another for Bolt?

24 Mar
Bad Manners Are Unedifying

Bad Manners Are Unedifying

 

Peter van Onselen devotes almost an entire page in the Australian this morning (paywalled, sorry) to complaining about the “unedifying” display of bad manners by some protestors who took part in the March in March rallies, comparing them with the infamously abusive banners held aloft by the three hundred or so activists who took part Alan Jones’s 2011 Convoy of no Confidence against Julia Gillard and her Labour government.

I would appreciate someone drawing up a comparison of the two situations, given my impression that the number of participants in the Jones rally carrying offensive placards constituted a far greater percentage of the whole than those in the March in March rallies.

As van Onselen concedes, in the Jones protest virulent expressions of rage and hatred were legitimised by the presence of leading politicians photographed under the placards. No such validation took place of the relatively few offensive banners on display during March in March.

“Calling a conservative a fascist and portraying his image to replicate Hitler is deliberately designed to undermine their ideological positioning in the same way that calling a woman a ‘bitch’ or ‘witch’ carries clear sexist intent,”  van Onselen states, in his comparison of the two situations.

I would not so readily presume an equivalence between sexist intent, and the desire to critique, albeit with a degree of hyperbole, an ideology. Sexism attacks the woman for nothing other than being a woman. Describing Abbott as “fascist” in no way attacks his gender, and is merely commentary on the manner in which he is perceived to enact his conservatism.

Placards claiming that the Abbott government is “illegitimate” are not abusive, offensive or threatening, rather they are simply wrong, and likely being employed as payback for the years of the LNP opposition equally inaccurately describing the Gillard government as “illegitimate.” What is apparent is that there are hot heads and wrong heads on both the conservative and Labor side of politics. This should not come as a surprise to anyone.

Along with Tim Wilson, Human Rights Commissioner for Freedom, (I’m sorry, I don’t know what that title means) van Onselen is disturbed not at the exercise of freedom of speech demonstrated by both rallies, but at the ill-mannered, impolite, potentially violent and “irresponsible” speech used by a small number of participants in their signage. A similar rabid element is guilty of foully derailing many otherwise useful Twitter discussions, claims van Onselen, quite rightly in some instances, though there are sensitive souls renowned for “rage quitting” Twitter when they confuse disagreement with abuse.

Van Onselen and Wilson’s desire to see public speech free from offensive, insulting and at times threatening expression is shared by many people, but quite how to achieve that remains a mystery. Bad speech must be countered by good speech, Wilson has asserted, however, taking the case of Andrew Bolt as an example, it’s difficult to see how someone with a large public platform such as Bolt, or fellow shock jocks Alan Jones, or Ray Hadley can be challenged by the people they offend and insult, who rarely have an equivalent public platform from which to counter their attacker’s bad speech with good. It is for this reason we have legislation intended to protect people from racial vilification, for example, the very legislation Mr Wilson is now intent on seeing repealed, as he believes it interferes with the absolute freedom of speech he appears to favour.

I can see Wilson’s point, however, as long as there are more powerful enunciators of bad speech with large platforms than there are good, perhaps we need other precautionary measures.

I couldn’t help but wonder, as I read the article, what van Onselen and Wilson would make of public demonstrations in other countries, Mexico perhaps, where I witnessed protests in which politicians were represented by enormous papier-mache figures with grossly exaggerated sexual organs, accompanied by banners that claimed they fucked both dogs and their mothers and ate children. Nobody saw any cause for offence. Compared to such robust expression, the complaints seem rather prim.

Amusingly, van Onselen concludes his article with the reminder that “Protest is as an important part of democracy as are institutions designed to uphold democracy, but only when practised within the spirit of Australia’s well established political structure.” I am completely unable to see how any of the offensive signage fails to fit in with that spirit. Australian politics have, for the last few years and most certainly during Gillard’s entire term of office, been such that one would think twice before taking school children to witness Question Time, and I really don’t know who van Onselen thinks he is kidding.

The ongoing discourse about how we should conduct our discourse is unlikely to change anything. Van Onselen’s piece appears to make the claim that those who offend middle-class sensitivities undermine the more moderate message and concerns of mainstream protestors, and destroy their credibility. This may well be the case, but only because people such as van Onselen make it so, opportunistically denigrating the whole on the basis of the actions of a very few.

It is not possible to eradicate voices some consider undesirable from public expression. Otherwise we would not have to put up with the Bolts. A sign held aloft at a demonstration cannot do one tiny fraction of the harm done by Bolt, Jones and the like. If we are to conduct serious conversations about how public discourse influences attitudes and behaviours, surely we must start by interrogating the enunciations of those with the furthest reach.

Tags: , , , ,