That’s good advice

It is the judiciary’s job to apply the law as set by Parliament … this Government was elected on this sentencing policy. Judges are appointed to apply it. The Chief Justice’s speech does not represent Government policy in any way, shape or form.

Simon Power, Minister of Justice, 17 July 2009.

Read the Chief Justice’s speech before you judge it.

Lianne Dalziel, Labour Justice Spokesperson, 18 July 2009.

Lawyers should read proposals before criticising.

Simon Power, Minister of Justice, 24 July 2009.

You can’t judge an apple by looking at the tree
You can’t judge honey by looking at the bee
You can’t judge a sister by looking at the brother
You can’t judge a book by looking at the cover

Willie Dixon, 1962.

L

NZ’s Joe the Plumber?

Bruce the Engineer.

Turns out he and his wife have a lifestyle block in John Key’s well-heeled electorate and two rental properties, and the whole story was a plant by Phil Goff. This was a very poor choice of poster boy: nobody with a lifestyle block and two investment properties is entitled to cry poverty. Even if their cashflow situation means they’ll be doing it hard until Bruce finds another job, arguing that they should be entitled to full benefit plays right into the hands of those who argue Labour is all about middle-class welfare or, in this case, welfare for property-speculator millionaires. There is no way Labour can claim to speak to genuine need while they nail their colours to cases like this, people far better off than most of those who are Labour’s nominal constituency. What of all those who don’t have two houses and a lifestyle block to fall back upon? Honestly, it’s insulting.

Labour, if you’re going to try to cynically manipulate public opinion, can you at least make a halfway-competent job of it? Poor Bruce and Jo have been used as propaganda pieces by Phil Goff, and badly so. They lose, Labour loses, NZ loses.

Edit: Shorter Lew: “There are plenty of people for whom Labour could be going into bat during the current recession. These ain’t them.”

L

What is (or should be) NZ’s international role?

News that the National government has in principle accepted the US request to deploy the NZSAS in Afghanistan once again raises questions as to whether NZ has a dog in that fight, and if so, why it got there. I am already on record in this forum and elsewhere as believing that the NZDF presence in Afghanistan is just on both moral and practical grounds. But many others disagree. That brings up the larger point, which is what, exactly, is (or should be) NZ’s international role? The paradigm shifts and dislocations that followed the Cold War stripped NZ of many of its traditional foreign policy referents, some of which were already being eroded prior to 1990 by the nuclear-free declaration and embrace of market-driven macroeconomic principles. As Lew mentioned in a previous post, trade now appears to be the basis for most contemporary NZ foreign policy, particularly under National governments. I have argued at various times that NZ foreign policy is a mixture of principle and pragmatism, but as of late I am not so sure that the former obtains in any significant measure.

Thus the questions begs: in a fluid international environment such as that which exists today, in which traditional alliance structures and security partnerships have been replaced or overlapped by new trade networks and the emergence of a raft of non-traditional security concerns and policy issues, what role does NZ play? Does it remain a committed multilateral institutionalist? Or is more of a junior partner to a variety of larger countries on a range of selected issues? Should it take the lead in pursuing matters of international principle like the pursuit of non-intervention, disarmanent, non-proliferation, climate change and human rights, or should it wise up and curry favour by getting with the bigger player’s projects, be they Chinese, American or Australian? Does realism or idealism drive NZ foreign policy, and if it is a mixture of the two perspectives, which should dominate given current and near future conditions?

There is a strong isolationist streak in NZ that spans the spectrum from Left to Right, one that sees nonintervention in foreign affairs to be the preferred standard when approaching the international community. In contrast, the trade liberalizers in both major parties and the foreign party bureaucracy speak of trade openings as the end-all, be-all of NZ growth and thus a reason for ongoing and deeper engagement with a multitude of partners. But what happened to principle in all of this, particularly the notion that as a good international citizen NZ has a duty and obligation to support with its active involvement actions that are sanctioned by the UN and other international agencies (the principle that I just happen to believe in when it comes to the foreign policy behaviour of small democratic states)? The ISAF mission in Afghanistan is just one such action, but there are a multitude of others that are seldom mentioned, much less discussed by the NZ political elite or public.

Given the hard economic times of the moment and the folly of recent great power interventions in international affairs, what exactly is or should be NZ’s response to recent international trends, and thus its role in the international environment? Should it lead, follow, be neutral, selective or withdraw when considering its potential range of international commitments?  What should be the criteria for foreign engagement, and to what extent or degree? Should certain existing international commitments be dropped and new ones adopted? Should the traditional pro-Western foreign policy perspective shift to a more Eastern view?

I post this simply as a general reminder that the role of NZ as an international actor gets far too little play in the public discourse, yet is one that it absolutely crucial not only to its international reputation and stature, but also to its continued well-being as a small, vulnerable and dependent nation-state. The question must therefore be repeated: what role should that preferably be?

The role of the judiciary is to judge

There has been much wailing and gnashing of teeth over Dame Sian Elias’ remarks about the prison muster. Nevertheless, this is what Chief Justices (and their equivalents elsewhere) do from time to time – make pronouncements about the law and the state of the justice system, which carry no policy mandate but tend to get people talking.

I would note that the speech was much broader and more considered than ‘let the prisoners go free’ as it has been dramatised. But that Dame Sian has made a pronouncement so far out of step with government policy and public consciousness demonstrates either a remarkable sense of personal responsibility for the justice system or a desire to legislate from the bench.

There are three ways to slice it:

  1. The judiciary is right to involve itself in this sort of thing and you agree with the position taken
  2. The judiciary is right to involve itself in this sort of thing and you disagree with the position taken
  3. The judiciary is wrong to involve itself in this sort of thing, and should stay the hell out of wider matters of justice regardless

I’m the first, with Toad and most commenters on Eddie’s post on The Standard. Labour Justice spokesperson Lianne Dalziel is too. In another case I might be the second. Danyl Mclauchlan seems to be either in the first or the second; Idiot/Savant and Bomber are clearly the first; Madeleine Flannagan, herself a lawyer, seems somewhat grudgingly to be in the second camp. Peter Cresswell definitely is.

But it’s tricky; the third is a cover for the second. I think Simon Power and Garth McVicar (along with DPF and some stalwarts of the KBR hang’em-flog’em brigade) are taking the third position for rhetorical purposes when, if they were honest, they’d be defending the right of the judiciary to participate in NZ’s discourse of criminal justice but disagreeing with Dame Sian’s argument in this case – the second position. Dean Knight points out that, when it suits, the government does actually consider the judiciary’s views as integral to justice policy.

If the particulars of the Chief Justice’s speech had been different, I reckon they’d be singing from a songsheet other than the one which reads ‘butt out, you lily-livered liberal panty-waist’. Perhaps the one which reads ‘I disagree with your position but, as the head of NZ’s judiciary, you are entitled to take it’.

The flipside, I suppose, is whether those of us who agree with Dame Sian’s general position today would be supportive of her right to take it if we disagreed. We should be; all of us.

Edit: Andrew Geddis is in the first position; Stephen Franks is in the second.

L

Duelling imperatives

So, the National Business Review has decided to (partially) monetise its interweb presence.

In a rather petulant letter, publisher Barry Colman takes aim at the enemies of journalism and backs his team to be able to make a paid content model work where very few have done so before, and never in such a tight and competitive media ecology as we have in NZ.

As you know, there has been endless discussion for a number of years about the crazy model adopted by newspapers in most parts of the free world in which they pay the enormous costs of running professional newsrooms only to give their content away free – while at the same time slashing newsroom numbers to save money as circulation and advertising revenues fall.
And to add to the madness it has been the aggregators that have profited the most from the supply of that free news copy. Worse still the model has spawned a huge band of amateur, untrained, unqualified bloggers who have swarmed over the internet pouring out columns of unsubstantiated “facts” and hysterical opinion.
Most of these “citizen journalists” don’t have access to decision makers and are infamous for their biased and inaccurate reporting on almost any subject under the sun (while invariably criticising professional news coverage whose original material they depend on to base their diatribes).
It is only a matter of time before the model collapses. The alternative is newsrooms decimated to the point of processing public relations handouts or unedited government propaganda from their fully staffed team of spin doctors.

Good luck to them. Unfortunately, blaming competitors (yes; bloggers are competitors for reader time and attention) for the (slow) failure of one’s business never made the business suddenly work better, and this sort of competition-blaming is typically the refuge of people who believe they have an ordained right to profits. As Dan Conover says:

This spring and early summer has been a continuous parade of naked emperors and specious arguments. There’s the Cable TV argument. The iTunes argument. They’ve argued the Watchdog Case and the Piracy Case. And as the combined knowledge of the network ground each of these quickly down to dust, the salespeople moved on to the next one. Did the “blame the bloggers” approach flop? OK: Blame Google.

(Conover has links in his post, which you can follow if you go there. He was a newsman; now he’s a blogger. Go figure.)

Blame anyone except the industry itself for failing to sufficiently move with the market. But perhaps that’s what Barry Colman thinks he’s doing. There are good reasons behind the decision, chief among which is the importance of maintaining a strong and well-resourced newsgathering apparatus. He’s aware that a move to a pay model needs to be accompanied by a dramatic increase in quality, and posits the fairly reasonable idea that people will pay for it.

The trouble with artificial scarcity is partly highlighted by Cactus Kate:

For the pay-per-view am I to be reading low paid first-jobbed twenty-something children repeating the news, or will I read serious senior business journos actually breaking stories that matter?

Good question. If you withhold your best content from the market, you’re cutting off your nose to spite your brand. The imperatives which drive your business conflict: you want to put your best content in front of as many people as possible because it’s the best content (not the ordinary content) which drives your readership and reputation; by locking it away, you hide your light under a bushel so few people know about it, and even if people chance to find out about it (from those relatively few who do have a subscription) then they can’t access it anyway. This is not the way to become a news or commentary source of record. And if you don’t, And if you don’t put your best content up there, then what are you offering again?

At best it seems like this model will rob Peter to pay Paul – that is, the NBR’s ordinary content (and readership) will suffer for the benefit of those few subscribers. This is also what online commenters the NBR site seem to think, and online opinion is predictably scathing.

There has to be a better way.

Edit: I should add that artificial scarcity can potentially work if the content is strong enough. Fairfax’s Australian Financial Review is probably the best daily newspaper in Australasia, and because of its exceptional content, extremely strong commitment to journalistic practice and authoritative market position it is able to dictate such strict terms of access that it causes major headaches for media analysis companies, archivers and researchers. The AFR has no real competition, and that’s what enables it to call the shots. But the NBR is not the AFR – nowhere near, more’s the pity.

L

Doing filtering right

Once upon a time quite a long time ago I was involved in the implementation of a porn filter at a public institution. At the time part of my role included “inappropriate use” investigations. I’ve spent far too many hours sifting through web and other access logs, writing up material for handover to the authorities, seizing equipment and seeing the flow on effect of a search warrant executed on someone’s home. I’ve sat across a table from someone I knew and made eye contact while I explained how I had discovered evidence he had repeatedly accessed a bestiality porn site. I wish I wasn’t so aware of just how bad porn has to be before it becomes illegal.

I strongly support voluntary at the border filtering for child porn, if I ran an ISP I would implement it and I would be grateful for any help the government provided. But… the government’s support and actions must be scoped, controlled and open to public scrutiny.

DIA should be doing this, but they should also be doing it right:

  1. The process should be public
  2. The scope should be public
  3. Both should be open to public scrutiny and comment (including a without prejudice process for challenging the filtering of a site).

Releasing the list of sites would be counterproductive but we do have a right to know what they’re up to. Is their mandate only child porn (2(a) of the definition of objectionable) or the other criteria as well? Who will make the decision? What is the review process? Will any monitoring be undertaken? Could that trigger an investigation? Will they guarantee it is only objectionable material? Is there scope for political interference? What does “voluntary” mean? Will there be negative consequences for ISPs that don’t opt in?

I totally support DIA’s stated intention, but the way they are approaching it is just plain wrong.

Missed opportunity

… to reuse a proper old-fashioned consonant headline.

This Stuff title could have read “Bigger than Potter”, to better match the more-famous misquote of Lennon’s statement about Jesus, or better yet, could have stolen the headline best employed by the promoters of Twilight: Hotter than Potter, because ultimately that’s what this story (and image) are about: Emma Watson as the new see-brainy-girls-are-hot-too icon.

2595686The choice of secondary image in the story itself (at right) possibly hints at a different characterisation: quirky, awkward-but-in-a-cute-way, ordinary, unthreatening.

Watson might have better career prospects according to her fans but I reckon Daniel Radcliffe, by taking on serious and apparently demanding adult roles such as Equus, has made stronger moves to avoid ending up typecast.

It seems that life after Potter will be easily more interesting than the series itself.

L