Posts Tagged ‘Media’
The TPPA signing came and went, as did the nation-wide protests against it. I did not think that the government was going to be swayed from publicly commemorating what it considers to be the crown jewel of its trade-dominated foreign policy, but I had hoped that the numbers turning out to protest would add up to more than 100,000. At least that way the government could be put on notice that a sizeable portion of the electorate were unhappy about the surrender of sovereignty to corporate interests enshrined in the 6000 page text. Alas, the numbers assembled came nowhere close.
One interesting sidebar was the decision to stage a parallel protest at the Sky City complex rather than join with the larger protest march down Queen Street. The specific objective of the Sky City protest was ostensibly to use so-called non-violent direct action (NVDA) and other acts of civil disobedience to block the streets surrounding the gambling complex. In the build up to signing (and protest) day the leaders of the two rival demonstrations publicly debated and largely disagreed on the merits of each. The Queen Street march organisers were concerned that any pushing and shoving at Sky City would feed into the government’s narrative that the matter was a law and order issue (following reports that the police had conducted riot control refresher training and door knocked activists warning them about the consequences of unruly acts). The leaders of the Sky City blockade argued that peaceful marches were simply ineffectual and were ignored by policy-makers. As it turns out, both were right.
The Sky City protesters, some of whom showed up in helmets and assorted face coverings, were forcibly prevented by the Police from effectively shutting down access to and from the venue and surrounding areas. The activists responded by engaging in a series of rolling blockades of major intersections, including the Cook Street on-ramp leading to the Harbour Bridge and Northern Motorway. This continued well after the signing ceremony was over and while the Queen Street march was still in progress. That had the effect of causing gridlock in the Auckland CBD.
Coincidentally or not, there was a bus strike that day. Although Auckland Council allowed its employees to work from home, many other entities did not. That meant that people who normally used buses to get to work had to use alternative transportation, including cars. That added to the number of cars on Auckland inner city roads at the time of the rolling blockades. Needless to say, motorists were not happy with the seemingly random temporary road closures in and around the CBD.
That is why things got too clever. As a tactical response to the police thwarting of the initial action, the move to rolling blockades was ingenious. But that bit of tactical ingenuity superseded the strategic objective, which was to draw attention to the extent of TPPA opposition. In fact, it appeared that the Sky City activists were trying to outdo each other in their attempts to make a point, but in doing so lost sight of the original point they were trying to make. After all, blocking people from leaving the city after the signing ceremony was over was not going to win over hearts and minds when it comes to opposing the TPPA. Plus, it displayed a callous disregard for the motorists affected. What if someone was rushing to a hospital to be with their badly injured child or terminally ill parent? What about those who needed to get to work on time so as to not be docked pay? What about cabbies and delivery people who earn their livings from their vehicles? None of this seems to have factored into the blockader’s minds. Instead, they seemed intent on proving to each other how committed they were to causing disruption regardless of consequence to others.
I have seen this before in other places, most recently in Greece, where anarchists and Trotskyites (in particular but not exclusively) infiltrate peaceful protests and engage in acts of violence in order to provoke what are known as “police riots” (a situation where isolated assaults on individual police officers eventually causes them to collectively lash out indiscriminately at protesters). Fortunately, NZ does not have the type of violent activist whose interest is in causing a police riot. Unfortunately, it has activists who seemingly are more interested in establishing and maintaining their street credentials as “radicals” or “militants” than using protest and civil disobedience as an effective counter-hegemonic tool. So what ended up happening was that the Sky City protestors were portrayed by the corporate media and authorities as anti-social misfits with no regard for others while the Queen Street march was briefly acknowledged, then forgotten.
On a more positive note, Jane Kelsey has to be congratulated for almost single-handedly re-defnining the terms of the debate about TPPA and keeping it in the public eye. As someone who walks the walk as well as talk the talk, she was one of the leaders of the Queen Street march and has comported herself with grace and dignity in the face of vicious smears by government officials and right wing pundits lacking half the integrity she has. I disagree about the concerns she and others have raised about secrecy during the negotiations, in part because I know from my reading and practical experience while working for the US government that all diplomatic negotiations, especially those that are complex and multi-state in nature, are conducted privately and only revealed (if at all) to the public upon completion of negotiations (if and when they are).
For example, the NZ public did not get to see the terms of the Wellington and Washington Agreements restoring NZ as a first-tier security partner of the US until after they were signed, and even today most of their content has been ignored by the press and no protests have occurred over the fact that such sensitive binding security arrangements were decided without public consultation. More specifically with regards to the TPPA, no public consultations were held in any of the 12 signatory states, and in the non-democratic regimes governing some of those states the full details have still not been released. Even so, I do think that it was a good opposition ploy to harp about “secrecy” as it simply does not smell right to those not versed in inter-state negotiations. In any event, what Ms. Kelsey did was exactly what public intellectuals should be doing more often–informing and influencing public opinion for the common good rather than in pursuit of financial or political favour.
I would suggest that opponents of the TPPA focus their attention on the Maori Party and its MPs. The Green Party’s opposition to TPPA is principled, NZ First’s opposition is in line with its economic nationalism and the Labour Party’s opposition is clearly tactical and opportunistic (at least among some of its leaders). So the question is how to wrestle votes away from the government side of the aisle when it comes to ratification. Peter Dunne and David Seymour are not going to be swayed to change sides, but the Maori Party are in a bit of an electoral predicament if they chose to once again side with the economic neo-colonialists in the National government.
For all the sitting down in the middle of public roadways, it may turn out that old fashioned hardball politicking may be the key to successfully stymying ratification of the TPPA in its present form.
Now THAT would be clever.
The Directors of the GCSB (Acting) and SIS appeared before the Parliamentary Select Committee on Intelligence and Security (SCIS) to deliver their respective annual reports. Those reports include national threat assessments. I was not at the meeting but here is what I gleaned from the media coverage of the event:
Did the SIS Director focus on the hundreds of gang members who see violence as a way of life, to include sexual assaults, drug dealing, gun running, property crime and assorted acts of physical mayhem that result in death and injury and whose collective behaviour intimidate and terrorise sectors of the communities in which they inhabit? Answer: No.
Did the SIS Director mention the dozens of white supremacists with track records of violence against minorities and who openly call for a race war and ethnic cleansing in NZ? Answer: No.
Did the SIS Director address the infiltration of transnational organised crime into NZ and its use of business fronts, corruption, extortion, and intimidation to extend its reach in NZ and beyond? Answer: No.
Did the Director comment on the presence of foreign espionage networks in NZ seeking to obtain sensitive corporate, diplomatic, political and security information. Answer: No.
Instead, according to the media coverage, the Director focused her remarks on the handful of NZ women who are believed to have left the country in order to join Daesh in Syria and Iraq. The Director was not sure if they left to marry or to fight (or both), and wondered about the effect the experience may have on them should they decide to return. That is interesting since few of the foreign women who have left to marry into or fight with Daesh return to their homelands, most being killed in conflict zones or while trying to escape the not-so-paradisical life of a Daesh concubine. The lucky few who have managed to get back to their homelands have not committed any acts of violence after their return.
Perhaps Director Kitteridge wanted to capitalise on the recent mass shooting in the US where one of the perpetrators was a so-called “jihadi bride” in order to focus public attention on the potential threat such women pose to NZ. But the woman in San Bernadino did not surreptitiously travel to a conflict zone, marry a Daesh fighter, then return to her homeland. Instead, she was a citizen of one US ally (Pakistan) and came from another (Saudi Arabia), who appears to have deliberately married a US citizen with the explicit intent of gaining entry to the US in order to carry out acts of politically motivated violence. Similarly, the woman who was an accomplice to the Paris mass murderers had never been to Syria and was unmarried. Neither is in any way comparable to NZ women marrying quickly and heading off to the Middle East.
That these women–again, less than a dozen by the Director’s own admission–chose to do so is certainly a tragedy for their families. It is also a small social problem in that it shows the depth of alienation and desperation of some women in NZ who see life with Daesh as a better alternative to life in Aotearoa. It can be considered to be a mental health issue because, to put it bluntly, one has to be a bit unhinged to think that life under Daesh in the killing grounds of al-Raqqa and elsewhere is an attractive proposition.
One thing is even clearer: it is not a pressing national security issue and should not have been the focus of the Director’s remarks or of the press coverage given to them.
So why so much attention given to the subject? Is this not public fear-manipulation via threat distortion? Was it the Director who was playing this game or was it the media doing so in their coverage of her remarks? Again, I was not there and only saw the coverage, but either way someone IS playing games when it comes to national threat assessments.
There is one more oddity about the mention of NZ “jihadi brides.” Western women who have travelled to join Daesh are known to be more likely than male foreign fighters to try and maintain contact with their families and/or friends back at home. They are known to be more likely than men to use social media applications as well as cell phones to communicate from Daesh-controlled territory (which speaks to the strategic, tactical and technological limitations of Daesh). This makes them a highly exploitable resource for intelligence agencies seeking to establish their locations, track their movements and those of their associates as well as get a sense of life under Daesh.
So why on earth would the Director jeopardize the ability of the SIS and GCSB to do so by publicly outing the fact that these women are being “monitored” as much as possible? This is especially perplexing given that these women are undoubtably included in the 30-40 people that the Director and PM have already said are being watched because of their Daesh sympathies, so there was no compelling reason to provide a gender breakdown of the approximately one in four who are female and who may have decided to travel in order to join Daesh.
A cynic would say that the comments by both Director Kitteridge and Acting GCSB Director Una Jagose were designed to prepare public sentiment for forthcoming security legislation allowing more intrusive powers of surveillance. The PM has now repeated his concerns about the “dark web” and spoken of the problems of decoding encrypted terrorist communications. So perhaps the stage is being set for that.
We must remember that the technologies involved in encryption and decryption, including the temporary “snapshot” encrypted communications that Western security authorities claim that terrorists are now using, all originate from military and intelligence agencies themselves. Thus the cycle of encryption/decryption, much like the previous cycles of code-making and code-breaking, has been well in progress for some time and will continue to be so for the foreseeable future. In this cycle it is security agencies who have the lead, not private sector application manufacturers.
In any event, jihadi brides are unlikely to be at the leading edge of this cycle so using them, however obliquely, as the foil for extending communications security legislation is a bridge too far.
For all the talk about bias and dumbassery in NZ’s media, no one seems to be doing anything about it. In fact, some of those who should know better seem hell bent on aggravating the problem. Proof of this is the announcement that the new Backbencher’s temporary replacement co-host will be a blond snow bunny and rugby WAG turned dancer and sports show hostess. Apparently she is doing an undergrad degree in Politics, which therefore qualifies her for the job.
There are many politically astute thinking women in NZ. Heck, there are former politicians, sharp media commentators, activists, diplomats and even a few politics lecturers that are female, all of whom could have handled the job with credibility and insight. But noooooooo. The blond bubbly lass got the nod. Judging from his comments on FB Wallace Chapman is chuffed with the selection.
I realise that Backbenchers is not exactly a serious political show. Adding this particular female may just be in line with its off-kilter approach, or perhaps the decision was dictated by the network that she is contracted with and which airs the show. But I doubt very much that Mr. Chapman or Damien Christie, the co-host being replaced in this instance, consider themselves to be jokesters or eye candy. So why introduce one now when there are plenty of better options available?
Perhaps it is a ratings grab of some sort, aimed at a particular demographic. Hopefully it will be nothing but a silly one-off, never to be repeated or remembered again. But as it stands, and at the risk of being called a party pooper, it strikes me that not only is this appointment an insult to every serious and informed woman in the country. It is also irrefutable evidence that the NZ media is in a state of terminal decay, no matter how pretty it is dressed up. And if the episode with the blonde turns out to be a success, it is further proof that NZ civilisation has gone terminal late Roman in nature.
So this was the headline that greeted me when I opened the Herald on line: “Chris Cairn’s wife accuses Marc Ellis of harassment.” Now, I am not a fan of either Chris Cairn Cairns or Marc Ellis, so wish a pox on both of them. But what galls me about this particular headline is that, once again, some fool copy or sub editor has decided that the female who is the subject of the story should be reduced to the status of someone’s wife. In the article she complains of being mistreated as a senior business woman in Ellis’s ad agency, so it is not as if she is some teeny bopper that Cairns hooked up with in order to bolster his self-image. But in the eyes of the Herald editorial staff, she is just the female appendage of a dodgy ex-jock filing court papers against another ex-jock celebrity. Surely they can do better.
The really sad part of this particular episode is that it seems to be reflective of the casual sexism and misogyny that permeates NZ. For all the women who have achieved high positions in politics, academia, arts and law (not so much the corporate world), there appears to be this ingrained backward gender weirdness on the part of a significant number of the male population. Come to think of it, sexism and misogyny are the flip side of the coin known as bloke culture–the latter cannot exist without the former.
One interesting aspect of the story is that she was appointed by Ellis to work for his ad agency in the first place. How did that happen? Was she the best qualified person for the job or did the hire have something to do with the fact that she IS Mrs. Cairns? That would add another layer of provincial small mindedness to the equation. The article also mentions that Ellis is the director and sole shareholder of the ad agency, which has as its client Toyota.
Toyota? How did one of the largest vehicle manufacturers on earth happen to award a contract to what is by all appearances a boutique ad firm with no proven track record? Was it because Ellis is seen as representative of the NZ sales demographic that Toyota is targeting? And is that demographic the blokes? That is the only explanation that makes sense to me, but if that is the case then Toyota needs to think harder about that target demographic because Ellis is certainly not representative of it (after all, his blokey larrikin ute-driving days supposedly ended a while ago and he is now portrayed as a responsible businessman, although Mrs. Cairns complaint would suggest otherwise). And if it is the blokes that Toyota is sales targeting, has it not paused to think of the female role in bloke culture? Or does it assume that all women associated with blokes are content with their status as appendages or side kicks to the alpha individual and share his tastes and interests? If so, it has not done enough due diligence with its market research (as well as on Mr. Ellis).
In any event, the headline sucks even though the sexism, nepotism, cronyism, harassment and dubious business practice implicit in the story may well prove true.
I had the opportunity some time go to be interviewed by the one of the director/producers of the documentary “Operation 8″ for a forthcoming film about the GCSB and its role in the 5 Eyes signal intelligence network. These good people are part of the grassroots network that attempts to keep those in power accountable to the folk they supposedly serve, and while I may not agree with them on a number of issues I have no doubts about their sincerity, commitment and interest in the common good.
In order to finish the new documentary, titled “The 5th Eye,” there is a crowdsourcing effort underway that is well worth supporting. The details are here. Besides information about donating, there is a short video trailer included on the page as well as updates and other valuable information. By all means check it out and help this film on its way to fruition.
If you support truly independent film-making in Aotearoa, this is an excellent opportunity to not only talk the talk, but to walk the walk.
So the Herald on Sunday published an article by a business lecturer from some obscure university in the UK (now apparently visiting at Auckland University) in which she claims that NZ is a “sitting duck” for an attack on a shopping mall (I will not link to the article because the fool does not deserve any more attention). She compares the NZ terrorism risk level to that of the US, UK an Australia and says that we should emulate them when it comes to mall security, to include bag and ID checks before entering. The Herald on Sunday then followed up the same day with an editorial and a couple of other articles hyping the terrorist threat in NZ.
I will not go over the levels of idiocy marshalled up in this sorry excuse for reportage. Instead I will rephrase a comment I left over at The Standard:
“ …(T)he lecturer who penned the scare-mongering hysterical piece has no demonstrable experience with terrorism or counter-terrorism, much less the broader geopolitical and ideological context. She makes a false comparison with the US and UK, acting as if the threat environment here is equivalent to those of these countries and Australia, and states that NZ should emulate them when it comes to mall security. That is simply not true.
Moreover, just because al-Shabbab carried out one successful mall attack in Kenya and called for others in the US, UK and Canada does not mean that they have the capability of doing so anywhere else. In reality, those calls have gone unheeded and security authorities in those states have not appreciably increased their warnings about attacks on malls as a result.
Let us be clear: no mall in the US (and the UK as far as I know) requires bag and ID checks in order to go shopping. So the claim that they do is a lie. I mean, really. Can you imagine the reaction of the average US citizen to being asked to produce an ID before being allowed into Walmart or any one of the thousands of malls that exist in the US? Heck, they might pull out a firearm and say that their name is Smith and Wesson!
Anyway, the costs of of engaging enhanced security measures will be prohibitive for many businesses and even if adopted will be passed on to the consumers, which in turn could drive away customers in an age when they can shop on line. So it is not going to happen. The use of CCTV, coordination with local security authorities and hiring of private security guards suffices in the US and UK, so it surely can suffice here.
I will leave aside the democratic principles at stake, one of which is that you do not restrict the freedom of movement of everyone on the pretext of stopping a potential act of mass violence. And even if you were do do so, who is to say that evil doers would not switch targets to, say, transportation hubs or entertainment districts in downtown areas. Are we going to then go on to lock down every place where people congregate? Lets get real.
In sum, what we got from the Herald was an article that used a false comparison from someone who is clueless but who somehow got interviewed by a rube reporter as if she was an expert in order to justify a call for a hysterical and impractical overreaction, which the Herald then used to write a fear-mongering editorial that contradicts what our own intelligence agencies are saying about the risk of terrorist threats on home soil. Geez. Perhaps hyping up security and sacrifice in the lead-in to the Anzac Day commemorations has something to do with it?
There is only one indisputable fact when it comes to terrorism and NZ. Joining the fight against IS/Daesh increases the threat of terrorist attack on Kiwis and NZ interests, not so much here at home but in the Middle East where IS/Daesh has a broad reach. Although the Gallipoli commemorations will likely not be affected due to the security measures put in place by the Turks (who do not fool around when it comes to security), the risks to individual or small groups of Kiwis in the ME–say, tourists, aid workers, diplomats or business people– are increased as a direct result of NZ involvement in the anti-IS/Daesh coalition. The emphasis should be on their safety, not on that of local malls.
An absolutely wretched effort by the Herald.”
The problem is bigger than the Herald going overboard with its scare-mongering in the build up to the Anzac Day commemorations. Since 9/11 we have seen the emergence of a plethora of security and terrorism “experts” (including a few here in NZ such as the poseur who featured in the Herald article) as well as an entire industry dedicated to “countering” extremism, terrorism and a host of other potential or imaginary threats. Likewise government security agencies have pounced on the spectre of terrorism to justify expansion of their budgets, personnel, powers and scope of search, surveillance and detention.
There is, in effect, an entire terrorism growth industry hard at work conjuring up threats and scenarios not so much as to safeguard their fellow citizens but to enrich themselves via fame, fortune or power. In this they are abetted by a compliant when not reactionary and sensationalist media that does not bother to fact check the claims of many of these fraudulent experts (such as the Fox News contributor Steve Emerson, who falsely claimed that there are non-Muslim “no go” zones in the UK and France, or the charlatan Rohan Gunaratna, who claimed that there were jihadi cells in NZ ten years ago without ever having visited here, and who has now had to pay serious money in damages for defaming a Tamil community group in Canada).
Together, these various branches of the terrorism industry work to mutually profit by promoting fear and distrust while curtailing the rights of the majority in the ostensible interest of securing against the potential harm visited by a purportedly violent domestic minority. And they are selective when they do so: notice that all the hype is about Islamic extremists when in fact a large (if not THE largest) amount of political violence in Western societies, including NZ, is meted out by white, Christian extremists. Yet we do not hear dire warnings about neo-Nazis and white supremacists even though they have a proven track record of politically or racially motivated violent acts.
“Esoteric pineapples,”a commentator on the Standard thread that I made my remarks on, provided this very useful and informative link on the phenomenon. Read it and weep.
It is a sad day that NZ’s leading newspaper stoops to this type of tabloid rubbish. Shame on them. But at least it seems that many of its readers are not taken in by the ruse, which augers slightly better for informed debate on the true nature of the NZ threat environment.
PS: For the record, I do not consider myself to be a terrorism or security expert. I have a background in counter-insurgency, unconventional warfare and strategic analysis among other things, and have written extensively on those and other topics. But I have largely been pigeon-holed in the NZ media as one or the other in spite of my repeated requests to be identified correctly, which is another example of shoddy journalism.
Last year I wrote a series of posts outlining what in my view were the reasons the NZ Left was in major if not terminal decline. The posts began before and concluded after the 2014 election and can be found in chronological order here, here and here. There were plenty of people who disagreed with my take on things, with the most vocal detractor being that doyenne of the NZ Left, Chris Trotter. The second of my posts answered his original critique (link to his critique in the post) and he followed up some time later with another post in which he takes me to task for saying that the Left should not resort to Dirty Politics style tactics in order to prevail. He chided me for my idealism and noted that he dealt in pragmatics and pragmatism dictated that the Left should play dirty if it was to defeat the forces of darkness now reigning triumphant in this land.
Given that I have a fair bit of past practical experience with direct action politics, albeit not in NZ, I found the charge of idealism a bit odd. Given what he said previously about the Left’s continued viability and strength, even odder was Chris’s admission that Dirty Politics works and needs to be used by the Left if it is to succeed in the contemporary political arena. If the NZ Left were truly viable would it need to resort to playing dirty? I thought that was the province of pro-capitalist parties whose policies hurt the masses and have little popular appeal due to their elite focus.
Be that as it may, imagine then my surprise when I read this from the redoubtable Mr. Trotter. Therein Chris draws the parallel between the “clever and artistic” denizens of cabaret society in the Weimer Republic and what Dave Brown (in a comment on the post) pointedly calls the “chatterati” assembled to watch a panel discussion of media types–not all of them of the Left–gathered at a restaurant part owned by Laila Harre in order to to lament the demise of Campbell Live. Beyond noting that a well placed bomb would have eliminated the “cream” of Auckland’s chattering Left, he goes on to note the distance between them and the “very different New Zealand” that exists outside of Ms. Harre’s fine dining establishment and whose TV viewing preferences may not be akin to those sipping chardonnay’s inside. His tone is implicitly insulting of those he broke bread with as the media commentators opined about Mr. Campbell, other talking heads, themselves and the state of the NZ media landscape.
Now, I am not one to gleefully point out contradictions or reversals by others, such as that done by some Left commentators on the subject of the Urewera Raids. And I must confess that I am little more than a chatterer myself these days. But given the thrust of Chris’s latest post in light of what he has said before about the NZ Left, I have just one question to ask:
Is he still steering by the real?
Because if he is, then it appears that he has joined my side of the argument about the NZ Left and for that I salute him. Belated as it may be, it was time to wise up.
The issue now is how to move beyond the parlour talk of the chattering Left and into organizing a counter-hegemonic project grounded in effective praxis. As I have said before that is a very big task and needs to be oriented around a discernible class line. The UNITE union is a small beacon of hope in this regard, but there is much more that needs to be done if anything remotely close to a Left resurgence is to translate into contestable politics. Labour and the Greens are too committed to centrist politics and working within the system as given to be anything other than reformists and passive revolutionaries. Real change can only come from the grassroots and rank and file, and those need to be cultivated via ideological appeals that feel immediate and achievable and which transcend the diversionary rubbish pushed by popular culture, corporate media and a government hell bent on dumbing down the quality of political and social discourse.
What is needed, in other words, is a legitimate war of position, however incremental it may have to be fought.
That is something the chattering Left simply cannot do.
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.
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.
Late last year a friend of mine who works in the media said to me that the press had turned on John Key over the Teapot Tape affair. Key’s attempt to have the photographer prosecuted, following on his defamatory and/or contemptuous treatment of individual members of the press corps, was seen as the last straw. My friend noted that the press had generally been kind to Mr. Key during his first term and had avoided digging into a veritable trove of scandal and mischief simply because Mr. Key was riding high in the polls and they did not want to get off-side of a popular PM. That, my friend said, changed after the election, and the press would take a more critical stance with regard to Mr. Key and his government.
To my mind that was welcome news, because it seemed to me that Mr. Key had been treated with kid gloves during his first term and I felt that he needed to be pushed a bit on matters of National policy as well the behavior of some of his party entourage.
In the first quarter of 2012 a number of questions have been raised to Mr. Key that appear to support my friend’s prediction. None of these questions are particularly damaging by themselves, but a pattern has emerged in Mr. Key’s responses. Slowly but surely, as each new mini-scandal or crisis was revealed, Mr. Key began to drop his smile and wave optimism and replaced it with a surly, if not seething disdain for his questioners. Although he keeps his nice persona sharp for staged interviews on TV and radio, his guard drops when doing the impromptu stand-up Q&A with the press gallery. This was very evident when he was asked on one such occasion about the No Asset Sales hikoi, where he clearly struggled to reign in his contempt before saying that he did not concern himself with the opinion of 1000 people.
Now it appears he has had enough with the press in general and the NZH (and to a lesser extent the SST) in particular. He complained to a rightwing talkback microphone jockey that the press was aggressive and sensationalistic and singled out the NZH as scandal-mongering in its treatment of him and his government in order to raise flagging sales of newsprint.
I do not have any particular affection for the NZH, SST or the NZ MSM in general–in fact, just yesterday the TVNZ evening news borrowed without attribution a phrase I had used in a discussion about drones with Chris Laidlaw the day before(a phrase I did not coin or copyright but which I nevertheless introduced to the NZ discussion of the subject, which just happened to be the subject of the news item in the TVNZ One broadcast). Since such behavior is increasingly the norm in the NZ MSM, the standard of NZ journalistic training and ethics is, in my opinion, in the main less than optimal (needless to say there are some exceptions to the rule). But I find it ludicrous that Mr. Key is upset about the “aggressive” and “antagonistic” nature of the press approach towards him as of late. Shoot, he got the press equivalent of a free pass for the first three years in spite of often equivocal, deceptive or disingenuous answers to anything other than patsy questions. Why should he get upset when the questions begin to develop a harder edge? Does he not think such questioning comes with the job? Does he think that he is entitled to be treated differently than other politicians?
Of course, all politicians complain about their treatment in the media and past NZ prime ministers have not been above attacking the messenger or interrogator. But it seems to me that Mr. Key is being very rich when he complains about his recent treatment in the press. It may not be the solicitous if not supplicant posture of the first term, but the press approach to Mr. Key is also not anywhere close to the hostile negativity and contrariness of press corps in a wide range of democracies (I think of the partisan jousting that goes on in places like Argentina, the Philippines, the US, Spain, Taiwan and Italy, where the relationship between sections of the press corps and government executives is often very strained, if not toxic).
Thus I have come to the conclusion, following on previous posts about Mr. Key’s demeanor and attitude, that he is a pampered whiner with a royal’s sense of entitlement. He simply does not see himself as having to be accountable to a critical press, and as a result complains to the lapdog press that he is being treated unfairly. Not only is his accusation untrue. It is also politically stupid because it now has the media dissecting his complaint in public. If he thought he was going to win sympathy from anything other than his diehard base, he needs to think again.
Whatever calculus he may or may not be employing, I have one thing to say to him: harden up and do your friggin’ job, which includes fronting up to hard questions from time to time. After all, you do not get the big bucks just to smile and wave.