Sunday, December 22, 2024

Freedom of the Press

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The Iron Curtain Draws Across The West

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The Iron Curtain referred to the boundary separating the Soviet Union and some European countries from the Western world. It became not just of a physical border but a symbol of the ideological distinction between communism and liberal democracy.

As is well known, the Soviet regime was authoritarian and repressed individual freedoms such as freedom of speech, freedom of assembly and freedom of religion. In fact, all aspects of life were controlled by the Communist party.

The Soviet regime was the very definition of authoritarian

We can draw comparisons between current restrictions on free speech in the West and the suppression of free speech in the Soviet Union.

Often the first sign of a society moving down a totalitarian path
is the imposition of restrictions of freedom of speech.

The Soviet government heavily restricted media including print, radio and television. All were state controlled and heavily censored to ensure they were not critical of government. Currently the West is imposing restrictions on certain kinds of speech, such as speech considered discriminatory or harmful to certain groups. There are also rules against “disinformation” and “misinformation” and attempts to limit speech that is deemed to be false or misleading.

Media Censorship

Western governments have been accused of controlling and pressuring media to report on public interest matters to suit a particular narrative. We have witnessed this during the Ukraine conflict. The European Commission silenced Russian state media outlets Russia Today (RT) and Sputnik and prohibited European Union operators from broadcasting any of the content of RT and Sputnik. This move is reminiscent of the Soviet governments radio jamming during the Cold War, where transmissions of Western radio stations were blocked to “protect” Soviet citizens from Western “propaganda”.

This move to block Russian state media coverage of the Ukraine conflict was criticised by the European Federation of Journalists as “disproportionate and arbitrary interference by the EU with the right to freedom of expression and information regardless of frontiers as protected by Article 10 ECHR and as a denial of the freedom of the media as guaranteed by Article 11 of the EU Charter of Fundamental Human Rights”. (Dirk Voorhoof, Human Rights Centre Ghent University).

Surveillance

Another control tactic used by the oppressive Soviet regime was surveillance. The KGB monitored all forms of communication and utilised informants who reported dissenters.

Social media giants such as Facebook, Twitter and Google not only censor content that is considered inappropriate or offensive, but also gather data on their users which can be used to monitor and influence their behaviour. Such forms of surveillance can be used to suppress and silence dissenting views. The tech giants have been accused of suppressing the free speech of those with whom they disagree, particularly conservative or right-wing commentators.

Punishment

The Soviet government punished those who criticised or opposed the state with punishments including torture, forced confessions and the deprivation of liberty in gulags.

We have seen people in Western countries punished for speaking out against the government including journalists such as Julian Assange and whistle blowers. Punishments include imprisonment, de platforming and cancel culture.  Social media companies also punish users who violate their policies by suspending or banning accounts, another method to silence voices who do not support the government narrative.

Julian Assange. His ongoing detention without trial is illiberal.

Libertarians recognise the importance of freedom of speech as a bedrock principle of democracy and do not seek to limit the speech of others. In a free and democratic society, the media is supposed to operate independently of government control, to inform the public about matters that are in the public interest, and to hold governments accountable.

One must ask why our governments censor information and limit access to information. Regarding the Ukraine conflict, the government and media are displaying their contempt toward citizens in not allowing them, as free-thinking human beings, to decide for themselves which information they will consume and what conclusions that they will draw from that information. There is only one narrative that they will allow – the one that they control. Is the West drawing a digital iron curtain?

Soviet journalist, dissident and former political prisoner Alexander Podrabinek wrote that “Free speech is what digs the grave for despotism, while suppression of free speech is the trademark of dictatorship”. (Totalitarianism and Freedom of Speech, 24 June 2014, Institute of Modern Russia). Podrabinek went on to argue that the collapse of totalitarianism always began with the assertion of freedom of speech.

The Soviet regime’s suppression of free speech had a terrible effect on its citizens and is viewed as one of the most oppressive regimes in modern history. But brave freedom fighters spoke out against the regime, circumvented restrictions on radio broadcasting and other methods of control, and eventually the Soviet Union collapsed.

Freedom begins with free speech and the free exchange of ideas. It is vital to our democracy. We must remain vigilant against the creep of totalitarianism to protect our personal freedoms. We must continue to use our voices individually and collectively to push back against any attempt to curtail our right to free speech.

A Digital Dark Age (part 2)

The only currency that matters is power – getting it and holding on to it.

Attaining power these days involves denigrating and silencing your opponents in any way possible: censoring them, branding what they say as misinformation, disinformation or malinformation, with the primary aim being to prevent them getting their message out.

As has been observed, ‘When ideas are bad, censorship will always be more attractive than debate.’

In a recent renewable energy report, Energy Infrastructure Commissioner Andrew Dyer summed up in one concise sentence why governments relish powers like the ones being proposed. 

Dyer said, “Opposition is often driven by ‘misinformation’.”

That is what is called a ‘shibboleth’.

Shibboleth is a Hebrew word meaning ‘stream’. It is referred to in the Old Testament book of Judges, where Jephthah and the men of Gilead fought the Ephraimites and captured the Jordan River crossing. As people crossed the river, to distinguish who was friend from foe, they had everyone say the word ‘shibboleth’. If they couldn’t pronounce it properly, they knew they were the enemy. From this, the word shibboleth was absorbed into the English language to describe a key identifier or a dead give-away.

What we saw in the Energy Commissioner’s comment was that dead give-away.

Once this Bill is law, all the government has to do is label something ‘misinformation’ or ‘disinformation’ to have it shut down. Presto! Any opposition is eliminated.

Historically, the media has fought hard to maintain freedom of the press and freedom of expression. 

Internationally, ‘misinformation and disinformation’ have risen to number one on the list of top 10 risks cited by the World Economic Forum’s (WEF) Global Risks Report 2024. 

Addressing the recent WEF conference, European Union President Ursula von der Leyen said: ‘Like in all democracies, our freedom comes with risks. There will always be those who try to exploit our openness, both from inside and out. There will always be attempts to put us off track – for example, with ‘misinformation and disinformation.’

The politics of fear

Fear has always been a powerful political motivator. Fear makes people accept things they wouldn’t otherwise accept. 

In the 16th Century, Niccolo Machiavelli wrote The Prince, a book that would influence political strategy and tactics for the next 500 years. 

Machiavelli’s book centred on the use of fear to control the masses – ‘The best course of action for a ruler to take is to instil fear in the people’, he said.  

And for people to not only fear what might happen, but that they would also ‘fear the worst’.

Minister Rowland has said misinformation and disinformation pose a threat to ‘the safety and wellbeing of Australians’ and ‘to our democracy, society and economy’.

This is the politics of fear.

And the antidote to fear is knowledge – information, facts, figures. Which is why they want the power to prevent people from receiving it.

Conflating issues also plays a useful role.

As well as the Misinformation and Disinformation Bill, Minister Rowland has also announced a review of the Online Safety Act, saying the government is committed to introducing a revised version of its ‘internet censorship laws’.

The Institute of Public Affairs (IPA) hit back:

“It is completely disingenuous for the Minister to seek to conflate the protection of Australians from predators online with the federal government’s plan to empower bureaucrats in Canberra (ACMA) with the right to determine what is truth, and to censor mainstream opinion through its ‘misinformation’ bill,” said the IPA’s John Storey.

“The federal government is cravenly using heightened concerns about current tensions in parts of our community, and the fears of parents and others about harmful online content, as a trojan horse to push forward laws that will in practice impose political censorship,” he said.

Climate Change

South Australia’s chief public health officer, Professor Nicola Spurrier, recently warned that the nation is facing a state of “permacrisis” as climate change fuels ‘back-to-back natural disasters and the emergence of new diseases’.

In her biennial report on the state of public health, Prof. Spurrier calls climate change ‘the most significant global threat to human health’, saying the planet is getting hotter and is experiencing more extreme weather events such as flooding and bushfires.

‘We need to respond to this threat today, not tomorrow or in the distant future,’ her report states. ‘These changes to the climate are caused by humans.’

Prof. Spurrier’s report says this will lead to exacerbation of chronic diseases such as heart, lung and kidney disease; damaged food crops; increased risk of food poisoning and water contamination; injuries from flooding and bushfires; and even an increase in snake bites after floods.

‘Other health impacts from climate change include poor air quality due to increased dust and pollens and the emergence of serious new communicable diseases in South Australia, such as Japanese encephalitis virus,’ she says.

Mercifully, she spared us plagues of locusts and frogs and the Murray River turning to blood.

Attaining power these days involves denigrating and silencing your opponents in any way possible

This is ‘permacrisis’ – permanent crisis – putting communities into a permanent state of climate fear.

Machiavelli would be proud. 

The Voice to Parliament Referendum

When the Yes side didn’t win the Voice Referendum, they immediately blamed, you guessed it – misinformation.

Yes campaign director Dean Parkin, said the referendum result was due to ‘the single largest misinformation campaign that this country has ever seen’.

Yes campaign spokesperson Thomas Mayo blamed the ‘disgusting No campaign, a campaign that has been dishonest, that has lied to the Australian people’.

Teal MP Zali Steggell even introduced a private members’ bill with the title Stop the Lies. 

Ms Steggall stated that it was clear that the information people had access to through the course of the Voice debate was ‘heavy with misleading and deceptive facts’.

Got that? ‘Misleading and deceptive facts’, the very definition of malinformation.

Governments, technology and third-party collaborators

Baptists and Bootleggers

Whenever there is money to be made, opportunities to do business with governments – that is, do the government’s bidding in exchange for special access and privileges – present themselves. Cosy relationships between businesspeople and governments are as old as regulation itself.

What can give these relationships real potency is what has been called the ‘Baptists and Bootleggers’ phenomenon. The term stems from the 1920s’ Prohibition days, when members of the US government received bribes and donations from Bootleggers – criminals and businesspeople eager to maintain a scarcity (and resulting high price) of their product (alcohol). These same Members of Congress then justified maintaining the prohibition by publicly adopting the moral cause of the Baptists.

The same applies here. A moral cause – ‘threats to the safety and wellbeing of Australians’, and financial rewards to those assisting governments in their pursuit of power. 

Historically, the media has fought hard to maintain freedom of the press and freedom of expression. 

However, new media have no such compunction. As more and more people source their news through Google, Facebook, X, Tik Tok, Instagram and other social media platforms, these global behemoths exert more and more power and influence. And while the old press barons took free speech seriously, big tech sees no problem at all in doing the government’s bidding – provided the government maintains their ‘platform, not publisher’ status and the advertising money keeps flowing. Al Capone may have invented bootlegging, but big tech has certainly perfected it.

Tech entrepreneur and former Google insider Tristan Harris says we are in the midst of a ‘great social upheaval’. Technology, he says, is being used to attack the very foundation of what we trust. ‘We are entering a Digital Dark Age’. 

Digital IDs Drivers’ licences, proof of age cards, passports, Medicare cards, birth certificates, home addresses, MyGov IDs, tax returns, credit cards and banking details, remote-controlled smart meters on our homes, digital certificates of title for our properties. Once these are all linked – as the government ads say, ‘bringing together government and industry’, the government’s control will be complete.

Tomorrow – part 3

INTERVIEW: The CCP imprisoned him. She got him out!

If you listen to rare public forays by senior members of the security establishment, the spies and their agencies, we in the West are under threat from several fronts. Looming front and centre, they say, is an expansionary Chinese Communist Party.

To be clear, Liberty Itch has no quarrel with the Chinese people.

However, Liberty Itch is sceptical of government of all stripes, whether in the West or the Chinese Communist Party. Government has a nasty habit of suppressing its people, sometimes stripping freedoms one imperceptible step at a time, its citizens in a saucepan of the slow boil kind. Sometimes government makes swift and savage moves against its people. History is replete with examples of both.

So well may we ask: Is the Chinese Communist Party friend or foe, our ally or adversary? We in the West welcome and educate their students. We trade with their corporations. Australia, the United States and indeed the entire OECD are beneficiaries of China’s emergence. Our shared prosperity is enormous as China brings a billion citizens out of agrarian life into a century-delayed Industrial Revolution and today’s Information Age simultaneously. The project is breathtaking.

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But as Liberty Itch discovered, geopolitical relationships are complex. Material wealth is soulless if not accompanied by human rights. We cannot be so naïve or selectively blind as to ignore civil liberties in our estimation. The Dragon we feed and enable today should be ready to take its place on the world stage as a force for good.

With an open mind, Liberty Itch therefore embarked on an investigation, a series of tell-all interviews with people with particular direct experience with the Chinese Communist Party. The stories are real. The events described happened and cannot be ignored. What each does is illuminate, directly and personally, how the Chinese Communist Party acts from a civil liberties perspective.

Our first guest in this series is Fiona Hui.

You can see the former flight attendant in Fiona instantly. Urbane, impeccably-dressed and possessed of a welcoming smile, she possesses a charm hard not to like. She has navigated many of life’s milestones and responsibilities already while retaining her youthful energy.

First impressions rarely tell the whole story. As you peel-away the onion layers of her life, normality gives way to heartache, the collapse of her homeland, the incarceration of a loved one and a fight for survival with lessons for all freedom-lovers who value their civil liberties.

So her story is yours. There are some timely warnings for all of us.

Here’s Liberty Itch’s short interview with Fiona Hui.


LI:          When did you become an Australian citizen?

FH:        Although I have been living in Australia for nearly 20 years, I only became an Australian citizen very recently, in 2021.  I applied for my citizenship in light of the loss of freedom and democracy in Hong Kong in 2019. At that point, I realised that Australia is my only home, so I submitted my citizenship application.

LI:          Prior to this, you were a citizen of which country?

FH:        Prior to 2021, I was a citizen of Hong Kong. I was born and raised under the British rule in Hong Kong. 

LI:          You lived in Hong Kong during which years?

FH:        I lived in Hong Kong since I was born in 1980, until 2004, when I left Hong Kong and came to Australia to pursue a liberal arts education.

LI:          What was life like in Hong Kong in those early years?

FH:        As a successful former British Colony from 1841–1997, Hong Kong is a unique place blending East and West. I always felt free, safe, and connected to the West when I was a child and a young teenager. I enjoyed living in a ‘very Chinese city’ essentially, but also appreciated the opportunities to be exposed to Western literature, music, philosophies and ideologies. It was dynamic, stimulating and exciting.

LI:          Why did you leave Hong Kong?

FH:        I left Hong Kong for a Western higher education. I did not imagine Hong Kong could become what it is today when I left. Like most people. I have taken democracy for granted and couldn’t imagine otherwise.

LI:          From the handover by Britain in 1997 to your departure, what changes did you notice in Hong Kong?

FH:        Since the handover in 1997, there has been a steady and gradual erosion of Hong Kong freedoms. Since the structure of democracy was already in place, Hong Kong people had been asking for ‘universal suffrage’, all adult citizens should be able to vote for their government representatives, as highlighted by the Occupy Central and Umbrella Movement in 2014.

In 2019, 70-80% of the Hong Kong population participated in the largest and longest Hong Kong protests in history, in demonstration of the City’s strong will to safeguard Hong Kong’s declining civil liberties and freedoms. 

Then in 2020, the National Security Law was introduced by the Chinese Communist Party in Hong Kong. Under this law, any pro-democracy movement was suddenly classified as ‘secession, subversion, terrorism, and collusion’. 

2020 was the year when Hong Kong lost its press freedom, the rights to peaceful protests, and the complete collapse of the rule of law.

LI:          I believe this is the time we saw footage of Chinese Communist Party agents breaking into the The Epoch Times and smashing the printing presses with sledge-hammers …

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FH:        Yes. They actually set fire to the bureau. The building was aflame.

LI:          How did these changes impact your family initially?

FH:        My family was fine for many years after the handover. The whole world thought China was opening-up and we could work together for a more prosperous world.

LI:          Your brother was a Hong Kong democratically-elected parliamentarian. How did his status slowly change?

FH:        It was not until 2019 with the breakout of large-scale protests in Hong Kong that it started to seriously impact my family. My brother, Ted Hui, being a vocal pro-democracy legislator, was frequently arrested due to his involvement in mediating the protests, wanting to protect young people and ordinary citizens from being abused and arrested. Like the majority of the population, Ted was pepper sprayed, tear-gassed, abused and arrested many times. In the end, his parliamentarian status was completely disregarded by the Hong Kong Police and the Chinese Communist Party. They just treated him like a ‘criminal’. Democracy had suddenly become a serious crime.

LI:          How did your brother and other democratically-elected parliamentarians reconcile the freedoms bequeathed by British rule and a growing autocratic influence from the Chinese Communist Party?

FH:        They have never reconciled the loss of freedoms. Some of his MP friends are still in prison. Many like Ted, went in ‘exile’ and continued with the movement overseas, lobbying governments of the Five Eyes, warning them of the dangers of the Chinese Communist Party regime. I guess they are now all ‘colluding with foreign forces’, as the Chinese Communist Party would describe it.

LI:          How did things come to a flashpoint?

FH:        The prolonged protests in 2019, combined with the noble and pure intention of democracy-loving Hongkongers, and the Chinese Communist Party led by a psychopathic Chinese President Xi Jinping have all contributed to this flashpoint.

LI:          What role did you play in responding to the loss of civil liberties?

FH:        I was not interested in politics at all prior to 2019, I had a great life in Adelaide. Who cared? However, the 2019 Hong Kong Crisis made me awake. The images and live-streaming of abuse in Hong Kong stunned me. I was in disbelief that freedom could be lost like this overnight. I couldn’t believe that people could be thrown in prison for protesting and speaking. It was all just unimaginable.

So I became a ‘democracy activist’.

Then I discovered CCP activism in my adopted country of Australia. So I exposed the CCP’s interference in Australia and politicians who were working with the CCP for their own self-serving interests.

I joined the Liberal Democrats for a period because I saw that they had good policy in support of libertarianism and humanitarianism principles. I also connected with organisations and communities who cared about our civil liberties.

LI:          How did your brother escape?

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FH:        My brother got ‘invited’ by some young, democracy-loving Danish politicians and libertarians to attend a ‘Climate Conference’. It was staged so that Ted had an excuse to get out of Hong Kong. At that time, his passport was detained by the Hong Kong Court, but the judge decided to release his passport so that Ted could attend this ‘conference’. The judge made a fine decision but, to this day, I don’t know whether he was subsequently imprisoned by the Chinese Communist Party!

Ted escaped also because many people around that world have played a part in helping him and praying for him. This includes the Australian Government and many nameless men and women within and outside our government. We have some good people in this country, who have empathy, intelligence, capability and goodwill. God bless Australia.

LI:          What did you leave behind?

FH:        My family and I won’t be able to go back to Hong Kong for a long time. Under the current circumstances, I’ve convinced myself there is not much worth going back for anyway. I miss the mountains. I miss the views. Any love I had of shopping there is tainted by the lack of a free press, no free speech, no rule of law. Home is where the family is. Australia is my only home. Look forward rather than backwards!

LI:          Why choose Australia to live?

FH:        I chose Australia due to its beauty, its reputation in higher education and its proximity to Asia.

LI:          What worrying early-signs in sliding from democracy to tyranny do you see in Australia?

FH:        The early-signs were shown during the last two years: how our governments managed COVID, especially in Melbourne, the prolonged lockdowns, and the mandatory vaccinations in various industries.

Modern technological advancement means that people are more easily monitored. I’m worry about the introduction of My Gov Accounts, facial recognition cameras in our City here in Adelaide, digital IDs and yet more business-crushing IDs for company directors.

We have to be careful how people in positions of power use these mechanisms. They could be used to make us a more effective country, or they could be used as a means of monitoring and control. It all depends on how you view the government and the people holding those powerful positions.

We need to be awake and alert.

LI:          How quickly can that slide happen, in your experience?

FH:        The loss of freedom could happen so quickly that people will be in disbelief. Just look at Hong Kong. A clean, proper judicial system could end so fast. Unimaginable.  

LI:        What can your fellow Australians do to counteract this?

FH:        Stay aware and united with fellow Australians. Unity and helping others in need. Play a part to end the divide and polarisation in society. Be the change you want to see in the world.

LI:          What do you think the outlook is for Australia?

FH:        Australia is a lucky country. I believe that we will continue to be blessed. Be careful of the ‘doom and gloom’ presented in the media. I feel hopeful and positive about our country.

***

Why You Should Oppose the Government’s Attempt to Censor the Sydney Church Stabbing Video

If you have been following the issue of freedom of expression in Australia, you will be aware of the efforts of the government to censor the Sydney church stabbing video on X (but not mainstream media websites) via a court order. The court order has since been overturned although what will happen next is still uncertain.

It is not unusual for governments around the world to ask social media platforms to remove certain content from within the confines of their own borders.  X is currently willing to comply with that, but the Australian government also wants to restrict what the whole world can see. 

Below I will offer some reasons why you should oppose the censorship efforts of the Australian government, including both within Australia and globally. 

Ironically, the attempt by the government to censor the video has triggered the Streisand Effect

One reason given by the Australian government for its current censorship efforts is that the video in question is considered to be indecent, confronting and violent. The problem with censoring videos on this basis is that it sets a dangerous precedent that would enable the government to censor a wide range of media; it is a slippery slope. Whether a video is considered indecent, confronting or violent is subjective and a matter of individual interpretation.

Regardless, even if a video is ‘indecent’, ‘confronting’ or ‘violent’, that is not sufficient reason to tell someone they cannot watch it. That decision should be up to the individual, not the government. 

In any case, contrary to what may be portrayed by the mainstream media and government, government censorship is not about protecting the public but instead gives the government cover to selectively censor things it finds embarrassing or doesn’t want the public to know about or talk about.

Many confronting and violent videos are in fact matters of public interest; a prominent example being the Afghan Files, which were a collection of videos that depict war crimes committed by the Australian Army in Afghanistan. When these videos were publicly reported, the Australian government attempted to censor them and even raided Australian media organisations. The only difference was that they used the ‘justification’ of national security rather than public decency.

When considering any sort of law or government policy, it is always important to consider how such a law or policy might be misused by a stupid person or weaponised by an evil person. From my perspective, I consider the government to be a rather stupid and evil organisation.

It is not unusual for governments around the world to ask social media platforms to remove certain content from within the confines of their own borders.

An issue of major concern which is often subject to censorship is footage of police shootings. These videos often depict police brutality and misconduct and are an important matter of public interest. If the Australian government can establish that it is acceptable to censor videos on the basis of being confronting and depicting violence, footage of police shootings will be at high risk of government censorship.

‘Confronting’ and ‘violent’ videos can be a primary source of information. They allow people to know exactly what happened, as cameras don’t lie. Censoring such videos forces people to rely on secondary sources of information such as the mainstream media and government, both of which are often biased and leave out critical details without allowing the public to verify their information.

Preventing the spread of extremism is also used to justify the censorship of the Sydney church stabbing. However, censoring the video does not address the root causes of Islamic extremism within segments of Muslim community, or prevent people from knowing about the incident. 

Ironically, the attempt by the government to censor the video has triggered the Streisand Effect and brought more attention than if it had just been allowed to fade into obscurity.

As for wider implications, if the Australian government has the power to censor the internet globally, other governments around the world will inevitably seek to do the same. This includes repressive nations that already have a strong desire to censor the World Wide Web such as China, Russia and many more.

Opposing the recent censorship efforts of the Australian government isn’t just important for protecting freedom of expression and information in Australia, but it is also important for the entire world.

Laughing In The Face of Tyranny, $1 Million Bounty On Their Heads

Imagine you lived in Australia and enjoyed a great life. Then the government became tyrannical, you protested for democracy, but an anti-democratic security law was passed and you were intimidated and arrested. Released, you fled to New Zealand and were granted a visa there. But the Australian Federal Police placed a bounty on your head of $A190,202 (US$127,728) and activated its security apparatus to ‘extract’ you.

Can you image this breach of your basic civil liberties? In what kind of psychological state would you be?

As far as Liberty Itch knows, this story is fictitious. However, it corresponds to a true story so similar that we need only change three facts. In the real-life version you were born and raised in British-ruled Hong Kong, a Commonwealth country. Your new home is Australia. And your name is Ted Hui. All other details are the same.

If you default to the ‘don’t-rock-the-boat’ conservative position of, ‘Yeah, well, that’s none of our business because he’s not an Australian citizen’, let’s take Mr. Hui’s situation but assume the victim is an Australian citizen. You now have the factual circumstances of Australian lawyer, Kevin Yam.

The Hong Kong Police has issued a HK$1 million bounty on someone who is not only an Australian resident, but an Australian citizen!

Slothful ‘status-quo’ thinking might argue, “These men have obviously broken the law. They’re criminals. Police issue bounties all the time.” But there’s a lot more to the story.

When the British transferred Hong Kong to China in 1997, the City was imbued with all the benefits of British culture: a parliamentary democracy, small government, plus a robust common law judicial system protecting civil liberties and property rights. It was a stable, bustling success story. China agreed to preserve democracy there for at least 50 years.

Hong Kong Handover. 1997.

Six years in and the Chinese Communist Party couldn’t resist meddling. Small snippets at first, then an attempt to implement a security law in 2003, thwarted by democrats. The student Umbrella Movement resisted the tyranny from 2014. But by 2019, the communists had installed sufficient sympathisers to flex their coercive muscle. Pro-democracy protests continued, in some ways similar to Australia’s Freedom Rallies protesting against the Covid lockdowns, but with higher stakes. In 2020, the Hong Kong National Security Law was passed, establishing “crimes” of secession, subversion, terrorism, and collusion with foreign organisations, control mechanisms to entrench authoritarianism.

In Mr. Hui’s case, he was elected to the Legislative Council as a Hong Kong Democracy Party MP. He lent his support to the protests. For his efforts Mr. Hui was arrested and imprisoned without trial several times, the duration each time becoming longer than the last. In jail, he was coerced to be silent about the loss of freedoms and assaulted. He was released, fled and today lives in Adelaide.

Liberty Itch has covered Mr. Hui here and here.

Mr. Yam’s story is that he is an Australian citizen and merely lived in Hong Kong for twenty years. He’s a legal scholar with Georgetown University’s Centre for Asian Law and lives in Melbourne.

These aren’t the backgrounds of criminals.

These are scholarly, principled men acting for democracy and freedom.

The CCP-backed Hong Kong Government is using extra-territorial arrest warrants and bounties as an intimidation tactic against an Australian lawyer. In light of the new security law, Australia rightly cancelled its extradition treaty with Hong Kong in 2020. Interpol has not been issued with a Red Notice by the Hong Kong Police. It would never be approved.

In response to the Chinese Communist Party’s bounty, Mr. Hui said it “makes it clearer to Western democracies that China is going towards more extreme authoritarianism.”

Mr. Yam stated, “It’s my duty to speak out against the crackdown that is going on right now, against the tyranny that is now reigning over the City that was once one of the freest in Asia. All they want to do is try to make a show of their view that the national security law has extra-territorial effect.”

The freedoms of speech, assembly, movement, the presumption of innocence and right to a fair trial are cornerstones of liberal democracy which libertarians cherish.

It would be an error to view these men as an overseas problem. A CCP edict that Australian citizens and residents be ‘pursued for life’ is an affront to all Australians. If you support Assange’s freedom, you will find these bounties on Mr Hui and Mr Yam abhorrent. And, being the thinking, philosophically consistent libertarian that you are, you should express support for their human rights.

If you don’t, who will support yours?

The Ministry of Truth

The Government recently released its exposure draft of the Communications Legislation Amendment (Misinformation and Disinformation) Bill 2023. It is just as Orwellian as it sounds – if not more.

The Bill empowers the even more Orwellian-sounding Australian Communications and Media Authority (ACMA) to not only engage in fascistic partnerships with social media giants, but to impose industry-wide standards and codes to ensure “misinformation” is not spread online.

MISINFORMATION

The obvious question is, what is misinformation? The Bill, in its infinite wisdom, defines misinformation as “false, misleading or deceptive” content that “is reasonably likely to cause or contribute to serious harm.”

Harm is given a broad definition, including disseminating “hatred against a group in Australian society” and harming Australia’s health or environment. Of course, we are no wiser as to how “serious” this harm must be.

It is clear what this Bill aims to do: shut down anti-government sentiment and the dissident class.

Posting uncomfortable facts about a pandemic? Now you are harming the health of Australians.

Advocating a vote against the Voice to Parliament on social media? Now you are disseminating hatred against a group based on race.

Doubting the climate narrative online? Now you are harming the Australian environment. Remember, you do not even need to be causing this “harm”; merely contributing to it.

IT GETS WORSE

Now I am sure esteemed readers of Liberty Itch are already well aware of what I have outlined, but many are under the mistaken assumption that this will only apply to social media giants. In fact, it will apply to every single website that provides “news content” and has an “interactive feature”.

If you think you can avoid the Ministry of Truth by simply starting your own social media platform or providing content on your own website, you’d be advised to have no interest in a comments section or posting video content, otherwise that website will also be captured by these draconian laws. Indeed, this Liberty Itch masthead will be at threat of fines in the millions of dollars should this Bill become law.

Perhaps some hope to escape the law by hosting servers or establishing companies overseas. But no: ACMA are wise to that. The Bill includes an extra-territorial provision, meaning hiding outside Australia’s borders won’t stop ACMA from fining you.

AN AFFRONT TO OUR VALUES

As well as the government seeking to extend its tentacles outside its own jurisdiction, which is becoming increasingly common in modern law-making, ACMA has taken many longstanding precedents to the shredder with this Bill.

While unfortunately not enshrined in our Constitution, Australians are endowed with the right not to incriminate themselves. If this Bill passes Parliament, that will no longer apply to instances of online “misinformation”.

While the Bill gives lip service to our constitutionally implied freedom of political communication, it attempts to circumvent it by creating a fascistic partnership between ACMA and private entities. Instead of ACMA enforcing speech, it makes digital service providers do its dirty work – at threat of significant fines.

However, ACMA can impose industry-wide standards and codes if digital service providers go rogue and dishonour their fascistic agreements. Hoping for a safe haven at Elon Musk’s Twitter (now called X), might be more pipe dream than reality.

This Bill also does away with another long-held precedent: serving legal notices in person. Under this Bill, ACMA is now empowered to serve legal notices, including summons, electronically.

 

THE FIGHT OF OUR LIVES

Perhaps the only good thing about this Bill is that it is in the relatively early stages of drafting. Public submissions have been invited by ACMA and I implore all readers to give their feedback. A massive outpouring of concern and a public backlash might force ACMA to reconsider  its brazen destruction of our fundamental liberties. Continued activism will also be required to ensure whatever subversive version of this Bill the government thinks they can get away with never reaches the floor of Parliament.

Above all, non-compliance is necessary. This is where we must draw a line, stand strong in the face of overbearing penalties and defend everything we stand for with everything we have.

Have your say! Fight for liberty!

The Rise of Citizen Journalism and Independent Media

Shortly after 4pm on the 27th of March, the X account @churPanic commenced a live broadcast on a mobile phone from the streets of Gisborne, New Zealand. 

Against a backdrop of community outrage at taxpayer-funded Rainbow Storytime in the local library, a pedestrian crossing had been whitewashed. Residents of this small North Island town were protesting at the repainting of it in the colours of the Rainbow flag. There was a heavy police presence manhandling the demonstrators and making arrests.

Minutes earlier the livestream on Facebook from one of the protest groups had gone dark when police arrested the cameraman. It didn’t take long for the internet to discover the small @churPanic account on another platform: a link to his broadcast was rapidly shared and reshared, and hundreds of people tuned in. Two hours later tens of thousands had watched the footage. Shortly after midnight photojournalist Chris De Bruyne in Sydney published a subtitled remix of a clip someone else had cut from the original as a service to the deaf community. 75,000 people viewed De Bruyne’s version. It was one of many.

Within a day hundreds of thousands – if not millions – had watched the footage in one form or another, most with no idea of  its origin. This is raw news, proliferating through the democratising process of the internet. 

And it’s killing mainstream media.   

4pm is too late in the day for the story to make the 6 o’clock news on TV channels. The first mainstream coverage was at 9 pm in online newspapers and late evening broadcasts. By the time the creaking legacy media fabricated a narrative fitting their editorial slant for consumption by a domestic New Zealand audience, the entire world had already seen @churPanic’s footage in one form or another and formulated their own interpretations. 

Legacy media perceive the social media giants as the greatest threat to their business models.

Blatant biases aside, the reason for the demise of the legacy media is their slavish devotion to antiquated businesses models that stymie innovation. In failing to evolve, audiences have abandoned them for more reliable sources elsewhere, and advertisers have shifted with them. 

The legacy media isn’t going down without a fight though, and its death throes are interesting to observe. Far from reviewing their own approach, the legacy media have declared war on everyone else: social media corporations, independents, imagined disinformation programmes by shadowy international organisations, even their own audiences.

The reality the legacy media refuses to accept is that We, The People, Are The Media Now. Where once it was said to be unwise to “quarrel with a man who buys his ink by the barrel”, the reality is that every person today has a video camera in their pocket with social media providing the capability to reach millions with the click of a button. In seeking out alternative information sources, the people changed the channel.

Back to Chris De Bruyne. It’s mid-afternoon on the 24th of March and British author Douglas Murray is speaking in Sydney. Murray’s presence attracts a pro-Palestine demonstration, one of whom assaults a pro-Israel counter-demonstrator in full view of NSW police, who don’t intervene. The incident is caught in De Bruyne’s livestream which, as an experienced independent, he broadcasts with an embedded watermark. Realising the newsworthiness, he offers to sell the footage to the major Australian news agencies, all of whom decline. 

Citizen journalists and independents are, after all, objects of derision amongst the great and good of legacy news desks. They are qualified to arbitrate content to the public while De Bruyne, in their opinion, is not. But they rip off his footage anyway. 

At 9pm Rita Panahi introduces the story on Sky News with the watermarked livefeed, scraped from De Bruyne’s social media account. She’s doing him a favour; other channels broadcast his material with the watermark blurred out. 

Against a backdrop of community outrage at taxpayer-funded Rainbow Storytime in the local library, a pedestrian crossing had been whitewashed. 

Paying compensation for copyright infringement is relatively inexpensive on the rare occasions an independent has the financial means to sustain litigation. As a bonus, legacy media can avoid the operational costs of employing cameramen in the field while there is content to be misappropriated and independents who can be exploited.

It happens to De Bruyne so regularly he keeps a spreadsheet.

Legacy media perceive the social media giants as the greatest threat to their business models. Utilising their incestuous relationships with predominantly left-wing political parties, they’re forcing those platforms to pay compensation for disseminating local news content. In Australia it’s called the News Media Bargaining Code and in New Zealand, the Fair Digital News Media Bargaining Bill

The irony of demanding fees to redistribute their content whilst they themselves habitually infringe the copyright of independent producers is lost on the legacy media. But the deliciousness of the irony is that it isn’t the social media platforms that are their enemy. Rather, it’s the people who utilise them. While legacy media are distracted by a war they cannot win with social media corporations, Chris in Sydney and some bloke who goes by the handle “@churPanic” in Gisborne are the people on the ground, reshaping the media landscape by delivering unvarnished news and enabling audiences to reach their own conclusions. 

And they are one component of a much broader trend. Traditionally trained journalists such as Chris Lynch Media in Christchurch are increasingly going independent. Blogs such as The BFD in Auckland are evolving into fully-fledged media operations. Writers publish to their subscribers on sites such as Substack in the first instance and take offers from legacy media to republish. 

Desperate to navigate the new realities of a dying industry, NZME appointed a blogger  to head their NewstalkZB+ division. Alternative media operators have emerged with innovative business models as varied as The Platform, financed by old money, and RCR, with support from their audience. The Underground Daily provide platforms to deliver services enabling new talent. 

Collectively these individuals and organisations comprise the new media landscape.  Legacy media no longer controls the medium. It is the independents that create the message because content is king and they produce it. Time will tell, and the market will decide, if these new players can develop revenue streams beyond advertising to sustain themselves. 

But one thing is certain: the media landscape belongs to them and its future is theirs to determine.

Green Sky Thinking

Green Sky

Imagine a fictional country named “Straya” has an authoritarian government that prohibits the publication of misinformation. The law defines misinformation as any information that is not approved by government authorities. It also states that misinformation does not require proof of intent to constitute spreading false information.

Straya’s government publicly declared that the sky is green. John, a citizen of Straya, posted on social media that the sky is blue, contrary to the government’s assertion. He shares a photo of a blue sky from his backyard, along with a caption discussing the colour of the sky.

… an authoritarian government that prohibits the publication of misinformation.

The authorities in Straya, relying on the broad and unworkable definitions in the legislation and their discretionary powers, classify John’s post as misinformation simply because it contradicts the government’s approved narrative. The social media company is obliged to remove John’s post or risk severe fines. There is no need to prove that John intended to spread false information or that he acted maliciously. John might be mistaken, but his post is automatically categorised as misinformation because it contradicts the government narrative and the authorities decided his post is likely to cause harm to the Straya environment.

While this example is obviously hypothetical and intentionally ridiculous, the recently released draft of the Australian Government’s Communications Legislation Amendment (Combating Misinformation and Disinformation) (Bill) 2023 could make it a reality.

The Ministry of Truth

In this fictional tale, Straya’s authoritarian government wields an alarming power: the authority to define truth. The actual, non-fictional proposed legislation, reminiscent of George Orwell’s “1984”, similarly allows the government to label any information not approved by the authorities as misinformation. This broad definition could include opinions and viewpoints that challenge the government’s narrative, stifling legitimate debates and discussions. The absence of an intent requirement opens the door to suppressing dissent under the guise of combating misinformation.

The Victorian Bar published a submission on the Bill.  In their own words: “The Bar is concerned that the Bill creates an unlevel playing field between governments and other speakers. Any view authorised by the government is, by statutory definition, not ‘misinformation’, however false or misleading it might be. Only information that is not authorised by government is capable of being ‘misinformation’ as defined. That double standard is illiberal, and disadvantages critics of government in comparison with a government’s supporters”.

The Ambiguity of Definitions

One of the Bill’s major flaws lies in its ambiguous definitions. The legislation requires a distinction between “information” and other online content. However, what exactly constitutes “information” remains unclear. This ambiguity creates a chilling effect on free speech, as individuals and platforms are forced to self-censor due to fear of legal repercussions. The lack of transparency surrounding what qualifies as misinformation gives the government a powerful tool to selectively target and suppress voices that oppose its narrative.

This ambiguity creates a chilling effect on free speech

The Broad Concept of Harm

The Bill’s broad definition of “harm” compounds the concerns over freedom of expression. It extends the definition to cover situations where content might only be “reasonably likely” to cause harm or “contribute to” harm. Such a wide interpretation opens the door for subjective judgments and potentially oppressive actions against content creators, further inhibiting open discussions that are essential for a healthy democracy.

Defending Democracy and Freedom

The example of Straya serves as a stark reminder of the potential consequences of legislation that undermines freedom of expression. In the real world, the fictional scenario shares alarming similarities with the concerns raised over the Australian Government’s proposed legislation. The Victorian Bar’s submission regarding the Bill underscores the danger of allowing governments to wield unchecked power over information, stifling opposition, and undermining the democratic principles of transparency, accountability, and open debate. The Bar concludes that as the Bill is currently drafted, it should not be enacted.

The Victorian Bar slammed the Bill as ‘illiberal’.

To quote directly from the Bar’s submission: “The exclusion in subclause (e) (content that is authorised by a government) highlights the Bill’s significant inroads into freedom of expression. The views of government — any government — are automatically protected from designation as ‘misinformation’, however inaccurate, controversial, or contestable they may be; yet the views of critics of government (whether the political opposition, NGOs or private individuals) are at risk of precisely such a designation. The prospect of politically charged accusations of ‘misinformation’ against opponents and critics readily presents itself. The later history of the Star Chamber was replete with exactly such politically motivated claims of misinformation.”

That double standard is illiberal

The Star Chamber operated from the 15th century until its abolition in 1641. The Court was used as a tool of government to bypass the rule of law and to exert control over political dissenters. The Bar’s explicit mention of the Star Chamber should serve as a warning as to how concerning this Bill is to the function of democracy in Australia.