Archive for ‘Blogosphere’ Category
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.
Salacious titillation and scandal anyone? Want cheap tawdry details of sordid behavior? Got sweaty palms?
Posted on 15:50, October 16th, 2013 by Pablo
Then go elsewhere because we have better things to do with our time, to say nothing of more important subjects to write about.
Selwyn Manning has done a Q&A with three individuals who have different and at times conflicting views of the GCSB and TICS Bills, although all three are critically opposed to the bills in their present form. One is a strategic analyst, one is an internet entrepeneur and one is an IT lawyer. John Key may dismiss them as uninformed, politically motivated or holding some hidden agenda, but their differing takes on the issue may make for some food for thought for KP readers.
The Q&A can be found here.
I am somewhat amused by the attacks on Martyn Bradbury over his consultant relationship with Mana while running a leftwing blog. From what I gather Bomber has been pretty upfront about his association with leftist organizations (without having to go into the particulars), and even if his advertorial work on behalf of a certain medical service provider was on the margins of ethical, he is certainly no different than many other pundits attempting to earn a crust.
The blogging right (and some journalists) seem to be going after Bomber for two reasons. One is that, for rightwing bloggers the Lusk/Slater revelations needed a diversion, or at least a modicum of balance. Bomber has made plenty of enemies on the right (and some on the left), so he is an easy target. That is particularly so for point number two: his consultancy fees for Mana are ultimately paid for by the NZ taxpayer. The right blogosphere has all but choked on that thought and some have suggested a conflict of interest on Bomber’s part.
I really do not see what is the big deal. Some rightwing bloggers undoubtably consult for public agencies and political parties. Some are every open about their arrangements, and some are not. So what? Various people are trotted out in the media to give their opinions as supposed experts about political issues. Some of these people have financial relationships with political entities and some of them blog. This may or may not be known to the produces and interviewers, and the talking heads may or may not reveal their associations. Again, so what? Can their views not be judged on the merits rather than on who they may be shilling for or what they write on blogs? And if they are selling a particular line in the media, is it not the job of the interviewers to call them on it?
Blogging can generate revenue for a fortunate few, but most blog for free. Many blog under their own names, but some, like us here, use pseudonyms (in our case pretty obvious ones). Sponsored blogging obviously toes an editorial line (less so in the case of ad-derived revenues, since ads are placed on blogs more due to a blog’s popularity than its content). Sponsor-free blogging provides a forum for expression unbeholden to client relationships or employer dictates. Even so, bloggers tend to understand the limits to what they can say in their posts. In the KP experience as a sponsor-free blog by design, members of the blogging collective have taken a hiatus or desisted from blogging about topics connected to their work when potential conflicts are discernible. It is simply prudent and common sense to do so.
Consulting is about offering informed advice and opinion for a fee. In my post-academic life I have found that many people seek advice or opinion, but few want to pay for it. Most seem to think that there is no research or work involved in developing the expertise required to give said advice. They think that their areas of interest are naturally those of the prospective advisor.They forget that it is they who are doing the asking for a service they are unable to provide for themselves.
Think of it this way: if you cannot do the electrical work when installing lighting in your home or business, you pay an electrician to do so. So why would you call a “terrorism expert” and ask him to give his views on a given terrorist event for free? Why would you ask a political risk advisor or strategic analyst to provide expert advice or opinion for free?
That is why fee-paying clients are highly valued by consultants, whether the latter blog or not. It also ensures that consultants who blog are keenly attuned to client requirements in and outside the service provision relationship that binds them together.
That advice given to a client may or may not be congruent with what a consultant cum blogger writes on a blog. The client may or may not know of the consultant’s blogging activities, but regardless the relationship is based on something other than the content of the blog. If the client decides that the content of the blog is not acceptable for some reason, the consultancy contract will not be renewed. Since consultancies operate on a retainer, hourly or service project fee basis, there is latitude in the contractual terms, which may or may not include prohibitions or editorial constraints on blogging content that is deemed inimical to the client’s reputation or goals.
People may disagree with Bomber’s views on political matters to the point of questioning his credibility, and many might wonder why anyone would pay for Bomber’s advice. His advice may be intuitive rather than “expert.” In my opinion, his views on politics have been wrong from time to time. So what?
The issue of credibility and paying for advice is between the client and Bomber, and in Mana’s case, the party seems content with the arrangement. There is no conflict of interest. There is no hidden agenda. That is the end of the story. As a private contractor Bomber does not have to reveal anything about his consulting relationships, much less on his blog or in his other media work. In this he is no different from Brian Edwards, Bill Ralston or others who give privileged (and private) advice to clients in parallel with their public writing and commentating. Again, this is no big deal.
In the end, this episode strikes me as a rightwing beat up that is designed to deflect attention away from National’s internal divisions by targeting a convenient leftwing object of contempt. In other words, it is all about politics rather than professional ethics. That seems natural, because if it were the other way around and the shoe was on the other foot, some of those leading the charge against Bomber would not have a leg to stand on.
National has to be delighted about the coverage of their drunken bully boy last on the list MP, Aaron Gilmore. Coalition partner John Banks is in court on issues of political corruption. National is trying to ram through under urgency a gross expansion of domestic espionage courtesy of the amendments to the GCSB Act. What does the media focus on? Not-so-happy Gilmore. If I were the PM, I would milk the Gilmore story for all its worth, always looking chagrined.
There are very serious issues being discussed this week. US Attorney General Eric Holder is currently in the country. This is the person who authorized the FBI extradition pursuit of Kim Dotcom that resulted in the over the top raid on Dotcom’s home and subsequent legal debacle that is the case against him and which resulted in the Kitteridge report that recommended the organizational and legal changes now being proposed. As I allude to in the immediately previous post, the findings of a military inquiry about major failures in command and training in Afghan deployments have been released but not made public (huh?). The Green/Labour attempt to disrupt asset sales could be a watershed political moment.
Yet all of these take a back seat to the habitual escapades of a dolt working hard at being a lout.
Note to the media: although the salacious details of an inconsequential politician’s idiocy might seem worth mining, especially if it seems that he could wound the government, the real stories are dead and centre in front of you. Smelling shallow blood in the water is not akin to developing real critiques of the way power is exercised.
Note to the PM and the media that take his ignorance or obfuscation at face value: the problem of Gilmore’s unwillingness to resign stems not from MMP but from political party charters regarding their lists in an MMP environment. The two things are quite different.
Contrary to what the government would hope and TVNZ would like to believe, Seven Sharp is an idiot echo chamber, not a news aggregator, and therefore should not be used as a model for selecting which stories deserve emphasis.
Time to get off of the shellacked curly-cued imp and onto the issues that actually matter.
Until I moved to New Zealand I had never encountered prejudice against red-headed people. I was red-headed and freckled as a youngster growing up in Latin America, and I never met anyone who had something negative to say about my complexion and hair color even though it is rare in Latin societies. When I went to the US to go to university, I never heard a disparaging word about so-called “gingas” even though I had a red-headed flat mate for two years (by that time my hair had turned auburn). In all of my adult life in the US prior to moving to NZ, living on both coasts and several states north, south and central, I never once heard one unpleasant word about red-heads.
All that changed when I got here. Not only did I begin to read and hear about assaults on red-heads, including a viscous verbal attack on twin 6 year old girls by a car full of thugs, but I began to read mean-spirited ginga jokes at places like Kiwiblog, whose owner seems to think that all jokes about red-heads is harmless good fun.
Then today I saw this: “Ginger Oxygen Thief Receives Natural Justice.” This is the title of a post done by the blogger known as Whaleoil. In the post he links to CCVT footage from the UK of an unprovoked attack on a red-headed young man that leaves him unconscious and with a broken jaw. In his first paragraph WO attempts to be funny at the expense of the victim, and in the last paragraph he tries to be funny while casually decrying the attack. The comments on the post are a mix of people shocked at the post and those who think it is funny. Those who think the post is funny outnumber those who do not.
This is not the first time that WO has belittled and denigrated “gingas.” In fact, the post mentioned above has links to his previous offerings on the subject. For a guy who is increasingly treated by the mainstream media as an authoritative commentator, the level of prejudice displayed in these posts would seem to be terminally disqualifying. Yet it apparently is not, which indicates a level of acceptance of such views far beyond what I would have considered reasonable in a fair-minded society.
In any event I am astounded by this latest post, and more generally, at the belief that ginga jokes and abuse are OK. If we substituted the words “Jew,” “woman,” “black, “Maori,” “indian,” “chinese” or those for any number of other human traits for the word “ginga,” would such “jokes” be acceptable? Why is it that denigrating someone for an innate trait–that is, one that they have no control over and which they cannot change because it is genetically determined– considered acceptable in some instances and not others? Jokes about behavior, customs, styles etc. may be tasteless but could possibly justified in the minds of some as being about the choices people make. But jokes about that which is not a matter of choice? Why is that acceptable in any instance?
I find the type of attitude that thinks it is acceptable to insult and denigrate people on the basis of their innate traits to be abhorrent. I understand that WO prides himself as being a provocateur and likes to wind people up as part of his “shtick,” but his implicit condoning of violence against red-heads is beyond the pale. It is bigotry, pure and simple. More troublesome than WO’s attitude is the fact that he is not alone in his belief that red-heads are fair game for mean-spirited attacks. In fact, the denigration of “gingas” seems to be widespread in NZ, and although I have never seen it expressed by those on the Left, I assume that it is not exclusively a form of Right-wing prejudice.
I may have made reference to bigotry against red-heads in a long-forgotten previous post. But the nasty post by WO has brought the issue back to my attention. The issue is that no matter how much defenders of attitudes such as WO’s claim it is all harmless fun and nothing more than humor, it is at its core mean, discriminatory and contrary to the norms of fair treatment and equality that supposedly underpin democratic society. There is nothing funny about prejudice, however it is disguised and regardless of to whom it is directed.
Thus I have one simple question. Can someone be so kind as to explain to me why bigotry against red-heads is deemed acceptable in NZ?
Since it is the season to take stock and make predictions, I will join the self-absorbed blogging hordes in summarizing KP’s year (as opposed to pontificating about the 2012 universe or what will happen next year).
This was a year of slow retrenchment, which is a nice way of saying that we wrote many fewer posts and as a result have lost readers. We now average 200 or so a day (about 615,000 total unique views), with episodic upsurges when things get topical. For various very justified reasons my two blogging colleagues could not keep the pace of previous years (we are now approaching our fourth year anniversary). That left the bulk of posting to me, which given my interests and press of other business greatly reduced the scope of topics covered. As a result, we did not cover gender, Maori or NZ domestic political issues in the measure that we have before, so I presume that is where we lost the readership. My most fervent desire when it comes to blogging is that Anita and Lew will rejoin the fray. Their combined talents are too precious to remain unheard, although I completely understand why they need to tend to other things.
On the bright side we appear to have a dedicated cadre of serious and smart (and seriously smart) readers that keep us on our toes.
We banned one individual with very clear, uh, “issues” (and no, it is not redbaiter) for continually abusive trolling, and there is another person on final warning for what can be called nuisance trolling–the act of making a comment just to be snarky, flippant, or to wind people up. That is not helpful and violates the comments policy, so the person has been given a final warning before being banned.
Otherwise it was a year without highs or lows. There were no serious slanging matches like on the infamous Mutu thread last year, but other than Lew’s GC post, there were no major breakthroughs in the MSM or linked to other blogs (although mention should be made of Bryce Edwards’ occasional reference to this blog in his MSM “link-and-comment” articles as well as at his own blog, Liberation). We still get most of our traffic from NZ, with OZ and the US following. Our major referrers are Bowaley Road (thanks Chris), No Right Turn (thanks Malcom), Kiwiblog (thanks David), The Standard (thanks Lynn), Lew’s twitter feed, Facebook and the NZ Herald when Bryce mentions us. We get a fair bit of links from right-oriented blogs, so I take that as a sign that we may be small but are worth the opposition’s attention.
I could tell you a lot about the search terms that lead to us, but let’s just say that “Wendy Petrie’s breasts,” “your ass in jail” and “pink and blue things” are a constant. Go figure, but I am gonna blame Lew for that.
There is plenty of other data to mine but that would be overly self-indulgent. So let me first wish my co-bloggers the best of the New Year in all aspects of their lives. Let me wish the readers just as much but without the personal interest. And let’s hope that KP can rebound and reinvigorate the political debates in Aotearoa in the lead-up to the 2014 elections.
Saudades pra o ano novo!
Posted on 15:50, November 6th, 2012 by Pablo
If I read the conservative commentariat correctly with regard to tomorrow’s US elections, the following will happen:
Obama wins: As the fifth rider of the apocalypse, Obama will bring the end of days, armageddon, leading to the imposition of a debt-ridden, welfare-spending LBGT atheistic Islamofascist Zionist-Stalinist-Orwelian state in which children and the elderly are eaten after being vivisected and animals and dirt will have more rights than natural gas. The walls of the shining White house on the hill will crumble. Locusts will plague and fire will belch from the skies in non-industrial areas as the ground turns to dust and the rivers run dry. The seas will retreat and the icecaps will melt, but not due to man-made climate change. Female sports will become dominant.
Romney wins: Milk, honey, money and expensive Eau de Cologne will rain down upon the chosen debt producing and debt reducing Christian people and hedge fund managers, sunshine will spring eternal, a million flowers will bloom, all dole-bludging, illegal alien LBGT atheist Islamofascist Zionist-Stalinists will be rendered asunder by lightning strikes from the heavenly Father and world peace and prosperity will obtain in our time. White folk will become cool again. Soccer will be purged from the global landscape because it is un-American and does not involve teams with American Indian names, padding, helmets or blunt instruments and has a penchant for shorts that is second only to League in terms of questionability. White shirts and somber ties will once again be suitable apparel. Shoes will be tied. The help will know their place.
I have been very scarce, again, and I will continue to be for at least a couple of weeks. In addition to cyclical work commitments that take up all my thinking and writing energy, my daughters have recently had some serious and complicated medical issues. We’re all fine, but it’s been enough to shunt this blog well down my priorities. Thanks again to Pablo for keeping things ticking over.
The anniversary of the Norway massacre has passed, and I wanted to write something about it; particularly about how the trial has shaped discourses of nationalism and extremism there and elsewhere.
I haven’t, but DeepRed has probably done better than I could on his own blog, Kumara Republic. I highly recommend you read it here: Rise of the neo-crusaders. His post covers some of the ways the extreme right has reconfigured itself in recent decades, and some of the ways in which its members attempt to distance themselves from, while not really distancing themselves from, Anders Behring Breivik and his actions. A good read.
At the Dim-Post, a searing explanation of how class-size dogma works in the real world, by a teacher. He or she describes The Dumb Class of 15, who struggle with the assistance of their teachers to barely pass; and The Smart Class of 30, who are underresourced and consequently underperform, but pass because they’re, well, smart. And then Treasury looks at the data.
No word on what happens to The Average Class, who have neither the advantage of adequate teaching resources, nor “smarts”.
But clearly, it’s all the fault of the teachers. They’re messing with the Natural Order Of Things.
By wasting so much resource on The Dumb Kids who are never going to amount to anything anyway, they disadvantage The Smart Kids, preventing them from realising their potential. Those Smart Kids are essentially being forced to subsidise the underclass — in their childhood as it will inevitably be in their adulthood, supporting the unproductive bludgers all around them.
So no sympathy for teachers. If they would just let The Dumb Kids fail, as the laws of nature and the market intended, The Smart Kids would perform to their full ability, soon enough we’d have all the productivity growth we could possibly want, and the government would have plenty of money to afford tax cuts for The Smart Kids’ parents. Since the teachers have sabotaged the education system by trying to tilt the scale in favour of The Dumb Kids, the government really has no choice but to implement a system that reverses that tilt by rewarding excellence, to ensure that the education system performs to operating spec, where The Smart Kids succeed and The Dumb Kids fail.
Just as nature, and the market, intended.
Edit to add: Phil Sage has obliged us all by making pretty much this exact argument on the square, in comments on the original thread. Thanks, Phil!