Archive for ‘December, 2013’

Yearly Summary.

datePosted on 14:51, December 29th, 2013 by Pablo

As 2013 draws to a close I thought I’d summarize how it went on KP.

It was a quiet year, with only 53 posts. The blog has increasingly become a one trick pony show, as Lew and Anita have greatly diminished their presence on it. Lew wrote nine posts during the year, most before June, and Anita contributed one. Work and family commitments clearly play a part in that, and I could well follow the diminished presence trend should the consultancy and my infant son demand more time than I can currently afford. Lew maintains an active presence on Twitter (LewSOS), so his impact on the NZ commentariat continues albeit in pithy form.

We are very much a niche blog, averaging 100-200 views per day (less on weekends), or around 500-600 per week. Most are returning readers. Since I do not post about things that I do not know about, the bulk of the posts have been about international relations, espionage and intelligence, military-strategic affairs and NZ foreign policy, interspersed with some personal observations about more immediate things. That leaves big gaps in the areas in which Anita and Lew have expertise (which is broad and much more NZ focused), hence the lesser number of views compared to previous years when they were more active.

The search terms leading to KP are varied, although “Auckland haka incident” and “Wendy Petrie breasts” are among the most frequent.

There is a stable core of readers and commentators. Most of our links come from other NZ blogs, search engines, Twitter and Facebook. One person, Paul Scott (aka “peterquixote” or “lolitasbrother”) was briefly banned for abusive comments but later reinstated. Another, Hugh, chose to stop commenting because of my irritated responses to remarks of his that I found to be off the subject or obviously uninformed, thread-jacks or useless nitpicking. His decision followed a private email exchange in which we could not resolve our differences.

I was called out on my more pointed remarks to Hugh by others, and have taken on board the need to return to civility even when dealing with trolls (which I accept Hugh is not). Having said that, most of the regular commentators are thoughtful, insightful and knowledgable about what they are writing about, so the task of being civil is easy most of the time.

On a more positive note, KP has avoided involvement in the internecine quarreling and back-biting amongst the NZ Left blogging community, and is treated with a modicum of respect by all but the most rabid blogging Right.

In general, KP is percolating along at a subdued but steady rate.

Not much else to report. I enjoy the fact that I can use the blog to write shorter, more informal and/or ideological essays in a non-academic style yet on subjects that are within or related to my professional and personal interests. It allows me to ruminate on those non-professional concerns as well as link to various media appearances and some of the analyses offered at the consultancy. It is a bit indulgent, to be sure, but I guess that the very nature of blogging is conducive to that.

In any event I would like to wish all readers the best of New Year’s and my hopes that it turns out to be happy and productive for all. I look forward to continuing my second fatherhood (I have two adult children in the US) and to watching my Kiwi son develop during his first year. I very much hope that we will see more of Anita and Lew in 2014 (and perhaps even the reclusive jafapete!), and that whatever happens we manage to continue to satisfactorily fill that small niche that we occupy in the blogging world.

Prospero Ano Nuevo a todos!

Media Link: Snowden, Spying and New Zealand.

datePosted on 10:55, December 3rd, 2013 by Pablo

In a New Zealand Herald op ed I discuss Edward Snowden’s actions and their implications for New Zealand. It is possible that he may not be what he claims to be, but whether he is or not, there will be inevitable consequences for New Zealand stemming from his leaks.

Trawling the depths and finding trouble.

datePosted on 10:05, December 2nd, 2013 by Pablo

The decision by a district court judge to deny a rightwing blogger the right to protect his sources because he is not a “news medium” under the definition of the Evidence Act has been greeted with glee by many on the Left but is utterly wrong. The judge clearly does not understand what blogging has become, and has failed to distinguish between freedom of the press and defamation.

There are many types of blogging, and some of it is clearly news-focused in nature. The Huffington Post, Daily Beast, Foreign Policy blog and many others of that type are news outlets, sometimes with editorial content. Blogs like The Onion are clearly satirical and should be treated as such. Blogs like David Farrar’s are personal, partisan and cut and paste editorial in nature. Blogs like this one are personal and opinion focused, not news breaking. There are tons of personal, music, cinema, food and other types of blog that are not news mediums but it should be obvious that there are also many news-breaking and news focused blogs that fall well within the definition of “news medium.”

Blogs that are news focused can have a heavy editorial or partisan content. When evaluating stories on such outlets one has to distinguish whether the author wrote in a news breaking capacity or as an editorial or partisan opinion. That really is not that hard.

When considering either capacity, one should focus on whether what is said on a blog is a lie, untrue or otherwise deliberately false in nature. If what is said is injurious to another party, then it can be considered defamatory.

Although I am no fan of sociopathic bullying bigots with partisan agendas and populist delusions, I think that the particular blog in question can be rightly considered to be a news medium with overt editorial content. Much like Fox News or RT and the blogs they operate.

The plaintiff in the defamation case against the blogger in question only need demonstrate what parts of the blogposts authored by the defendant are untrue or deliberately misleading. I have not read the entire opinion but it seems to me that being called a “cocksmoker” may be insulting depending on one’s perspective, but not necessarily defamatory. Ascertaining the source of the leaks to the blogger is immaterial: either what was posted was false and deliberately written to harm the plaintiff or it was not. Seeking to identify the source only serves punitive purposes and does not assist in establishing malicious intent (which is what the plaintiff is claiming is his objective under discovery).

Given who the blogger is, malicious intent is pretty much a given. The question is: was what he wrote a lie or deliberately misleading so as to harm the reputation of the plaintiff?

The district court decision should be appealed and overruled. That is important because it protects the sources of that part of the electronic media, including social media, that has a news-generating orientation. Doing so in no way prevents defamation cases from being brought because the proof of such cases is what was deliberately said or written, not the source for what was said or written.

If the source was consciously involved in deliberately disseminating false and misleading content via the blogger, then the latter has to decide whether to reveal the source or shoulder sole responsibility. That should be enough to make even citizen journalists and news bloggers cautious.

The point is that with news source protection privileges comes the journalistic responsibility to ascertain that the information provided from a source is not deliberately false or malicious. If that responsibility is shirked, then the news outlet, be it a blog, newspaper, radio or television program can be held accountable for disseminating falsehoods that are defamatory or libelous. If the blogger in this case used material that he knew to be false and damaging, then he should be liable. If he did not know the information was false and damaging and published without verifying, he is liable anyway. Whether or not he choses to reveal his source, he ultimately is responsible for what was written on his blog and therefore accountable for what was written. That is how journalism operates.

The bottom line is that the district court judge’s decision is very poorly thought out and wrong. As many have mentioned, it establishes a dangerous precedent with a chilling effect on freedoms of speech and press in electronic media.

The Left should not be so gleeful because the silencing of one opens the door to the silencing of many.