Media Reform And A Missed Opportunity

Has Stephen Conroy forgotten why he began this media debate?

It wasn’t because of the phone hacking scandal in the United Kingdom. Nor was it Bob Brown describing News Limited papers as the “hate media”.

And it certainly wasn’t any discernible community unhappiness about the Australian Press Council. (Media Watch might be obsessed with newspaper codes of ethics but please try to remember that Media Watch is not a representative sample of the population.)

No, none of that. In 2010, Conroy launched an inquiry that the communications and media sector had long been desperate for – the Convergence Review.

This review was meant to take a holistic look at the way the technological change was undermining the regulations that govern media, telecommunications, and broadcasting. It was quite an undertaking. We’ve more than a century of built-up regulatory frameworks which limit what media we can enjoy and the circumstances in which we can enjoy it. It is universally agreed these frameworks are out of date and counter-productive. I covered some of the issues in the Drum in 2011.

Indeed, the Convergence Review was everything the Howard government’s 2006 media reform changes should have been. It was forward-thinking and technologically aware – rare qualities for government inquiries. Politicians like to talk about future-proofing but they’re always focused on the politics of the day.

(There was a smaller, now-forgotten review into converging media back in the days of Richard Alston. Nothing came of it. The government was mired in the grubby politics of the switch to digital television broadcasting.)

Sixty-nine separate organisations, from Skype to Blind Citizens Australia, gave submissions on the Convergence Review’s draft terms of reference alone.

The review released five comprehensive discussion papers and one interim report. There were hundreds of submissions along the way. There were public hearings in eight cities. The final report, published in March 2012, was 200 pages long.

I don’t want to be too complimentary. That final report had many problems. It had been given an impossible task. The Convergence Review had to a) radically overhaul the current regulatory framework to meet future challenges, and b) please all beneficiaries of the existing system. These two demands conflict. And then it tried to shoehorn itself into the debate about newspaper standards, exceeding its mandate and undermining its broader purpose.

Nevertheless, from a purely public policy perspective, dealing with the winds of change brought about by technological innovation was the main game. It still is.

We have to be much less generous about the Independent Inquiry into Media and Media Regulation, known as the Finkelstein Review. The end result – a 400-page report that traversed history, sociology, political science, psychology and media studies at a barely-undergraduate level – was in equal parts patronising and authoritarian. It recommended extraordinary government regulation of the free press.

Still, very little of all that effort comes out in the final media reform proposals. Last Tuesday Stephen Conroy supposedly announced his response to the Convergence Review and the Finkelstein review.

The Government wants a new Public Interest Media Advocate to regulate newspaper standards bodies (like the Australian Press Council) and to impose a public interest test on media mergers. He also wants to legislate a permanent cut in broadcasting licences, marginally increase Australian content requirements, and to tinker with the ABC’s charter.

Conroy says we’ve spent the last few years debating media regulation but these proposals are entirely new.

There’s no “Public Interest Media Advocate” in either the Convergence or Finkelstein review.

Admittedly, the idea of a “public interest test” did appear in the Convergence Review. But it was a tiny sliver of a much broader proposal to rationalise media regulation across all platforms. To rip three words out of the Convergence Review is to miss the point entirely. The purpose of the public interest test, as conceived in Convergence Review, is to completely remove “the old platform-specific media ownership rules”. Conroy doesn’t plan to do anything of the sort.

The Government has offered nothing – absolutely nothing – to deal with the issues raised by technological change.

For its part, the Finkelstein report inadvertently showed how far the media policy debate had moved from media reality.

The final Finkelstein report was released in March 2012. It had two jobs. The first was to investigate standards and media codes of practice. This received all the attention. But its second job was to look at technological change and how that affects media business models. Here’s an exact quote from the final report:

major newspaper publishers confidently presented a positive assessment of their future prospects.

Of course, just over three months later Fairfax media announced one of the single biggest restructurings in Australian media history, shedding nearly 2,000 staff. News Limited cut staff as well. Finkelstein was released in March. By June it was an anachronism.

And now we’re here. Conroy’s proposed Public Interest Media Advocate has serious freedom of the press problems. Those have been well-canvassed over the last week.

But of greater long-term importance is how a much-needed investigation into regulation and technological change turned into little more than a platform for politicians to express their feelings about Rupert Murdoch.

And what on earth is the use of that? All this sound and fury could achieve is just an extended exercise in political gamesmanship.

Another wildly missed opportunity. Another government distracted from necessary reform in the pursuit of its political agenda.

Tea Party Paul’s Stand For Civil Liberties

Rand Paul’s epic filibuster in the United States Senate last week wasn’t just an important moment in the debate over executive power and drone warfare. It’s an important moment in the history of the Tea Party, even the conservative movement.

Paul’s Tea Party credentials are impeccable. He wrote a book in 2011, The Tea Party Goes to Washington. The 54-member Tea Party Caucus – a congressional organisation for like-minded Tea-partiers – was apparently his idea. He gave the Tea Party’s response to Barack Obama’s latest State of the Union.

Our ideas of the Tea Party are pretty entrenched. Either you think that the Tea Party is a white, racist, gun-toting, revolt of the middle class, or… well… in Australia it’s not clear there is an alternative view.

The international press has been hopeless on the significance of the Tea Party. The same media outlets that romanticised the Occupy movement stereotyped and dismissed the Tea Party as some arch-conservative uprising.

So it’s a big deal that Tea Party Paul made international headlines by standing up to the Obama administration on a distinctly civil liberties issue.

Paul used the confirmation of John Brennan for Central Intelligence Agency director to demand a full explanation of the legal basis for using drones to kill citizens and non-combatants.

The complete transcript is here, if you feel like reading a lazy 68,000 words, but this Guardian piece has some of the highlights.

The most memorable hypothetical in his 13-hour filibuster was this: under the administration’s drone policy, Barack Obama could order that American citizens “be killed in a café in San Francisco or in a restaurant in Houston or at their home in Bowling Green, Kentucky.”

Supporters of Obama have been quick to say this is an absurd scenario – there’s no way the president would do anything of the sort.

But Paul’s point was not that the hypothetical was likely, but that the administration does not appear to believe there is any legal impediment to sending a Hellfire missile into a San Francisco café.

Constitutional government should have strict limits on what it can and cannot do. Citizens shouldn’t have to count on their president being a good guy.

To see just how many people have wilfully missed Paul’s point, check out this self-satisfied “fact-check”, which has determined that the hypothetical is “False” but admits the White House hasn’t strictly ruled out that it has such power.

And the only reason this debate has been rekindled is because a Tea Party senator made a symbolic 13-hour stand.

The next day the Attorney General Eric Holder sent this sharp letter to Paul, saying the president does not have the authority to kill an American not engaged in combat on American soil. Paul quickly claimed victory. But Holder’s reply is more ambiguous than it first appears. And it doesn’t tackle the broader issue: there are few statutory checks on the drone program. Drones are the iconic example of the growth of executive power in the Obama age.

At the Atlantic, Conor Friedersdorf has an interesting piece about how the mainstream press got Rand Paul wrong from the start. They obsessed about his views on the 50-year-old Civil Rights Act while ignoring his civil libertarianism and foreign policy.

Compare Paul to the so-called “moderate” Republicans – those who stand against the wild-eyed Tea Party radicals holding the nation to ransom.

The doyen of moderation, John McCain, said Paul’s filibuster was merely a “stunt”. Lindsey Graham, another storied moderate in the Senate, addressed his colleagues mournfully: “to my party, I’m a bit disappointed that you no longer apparently think we’re at war.”

Graham later said Rand’s filibuster had persuaded him to support Brennan, as it had “become a referendum on the drone program”.

Yes, those moderates who are so admired in the Australian press used dissent against Obama’s war powers as a reason to support them. Just as a few years ago those moderates supported George W Bush’s extraordinary spending spree, foreign policy adventurism, and trouncing of civil liberties.

Yet we’re told it is the Tea Party which is dangerous.

Paul is not a prince of libertarian purity, by any means. He’s both more conservative and more mainstream than his father, Ron Paul. Nor is the Tea Party ideologically pure – it is part conservative and part libertarian.

Still, the rush of support from other congressional Republicans for Paul’s unambiguous stand on civil liberties is significant. He was even praised by the usually pro-war Rush Limbaugh for defending “the freedom and liberty of the people of the United States”. Limbaugh went on to mock John McCain.

Like everything that happens in politics we could dismiss this as partisan opportunism.

But since the Tea Party burst onto the scene to reject the bank bailouts, it has threatened a more general outbreak of libertarianism within the GOP.

Every Republican now believes Federal spending needs to be cut. Big government conservatism is completely discredited. That is in no small part because of the Tea Party. It’s easy to forget that more government spending at home was as much a part of the neo-conservative agenda as foreign interventionism was. Remember “compassionate conservatism”?

We know there is a Republican constituency for civil liberties and limiting executive power, even after a decade of anti-terror abuses. There were some promising hints of foreign policy modesty during the last Republican primary campaign. Rand Paul’s filibuster is an important moment. Let’s hope it is also a turning point too.

Immigration Election: We’ve Been Here Before

Prime Minister Julia Gillard will “put Aussie workers first”. Opposition spokesman for immigration Scott Morrison has called for “behaviour protocols” for asylum seekers in the community.

The 2013 election doesn’t just resemble the election of 2010. No, it looks like it will be an exact replica.

Both major parties made immigration central to their campaigns in 2010. Julia Gillard explicitly told the electorate that she did not believe in a “big Australia”. The Coalition went further.

The “stop the boats” chant has always been in part a proxy for more general concerns about population and infrastructure. The Opposition proposed to rename the Productivity Commission to the Productivity and Sustainability Commission, with a specific brief “to address population sustainability issues”.

(It’s hard to say what has become of this ludicrous proposal. The renaming appears in the Coalition policy notes leaked to Crikey mid last year, but not in the official, less detailed policy document in January this year. Perhaps we can expect it to be relaunched.)

So here we are back in Western Sydney talking about immigration. It’s as if no time has lapsed between the last election and today. We’re watching another game of rhetorical one-upmanship about foreigners.

Labor’s target is the 457 visa scheme. This class of visa allows businesses to bring in skilled workers temporarily where no local workers can be found. Launching her Rooty Hill week on Sunday night, the Prime Minister said she would stop “foreign workers being put at the front of the queue with Australian workers at the back”.

What nonsense. The Treasurer – who appeared with Gillard at Rooty Hill – is fond of reminding us that Australia is at nearly full employment.

Anyway, the idea that it is easier for a company to import workers on a 457 visa than hire readily available local ones is absurd. The 457 program is a complex regulatory process.

You can only hire a 457 worker for certain occupations. You have to satisfy the Immigration Department that you have spent a certain percentage of your payroll on approved training programs for Australian citizens. You have to demonstrate a strong commitment to hiring locals.

And, most importantly, if you hire someone on a 457 visa you have to offer them “no less than favourable” wages and conditions of employment as an Australian could expect. The program is specifically designed to stop businesses undercutting local wages with migrants.

With such complexity, 457 visas tend to be used only for higher-end jobs. Sixty-five per cent of all people who received a 457 visa in the last six months are either managers or professionals -the data is available here.

Their average 457 salary is $90,000 a year. In Western Australia, the 457 average is $104,000. (The average salary in Australia is around $72,000.)

On New Matilda yesterday, CFMEU boss Dave Noonan said his union is worried about workers being exploited on 457 visas. Employers sometimes try to skirt their legal obligations. This is a fair concern. Laws should be obeyed. Contracts should be honoured.

But that’s not the message Gillard was selling in Western Sydney. No, she was trying to stoke resentment. How else to describe a claim that foreigners have it better – are given better places in the queue – than locals?

The Coalition’s target is asylum seekers. They’re selling pretty much the same message. Scott Morrison’s claim that asylum seekers need “behaviour protocols… with clear negative sanctions for breaches” in light of an alleged sexual assault by a Sri Lankan asylum seeker. This is low and opportunistic.

Obviously, the only behaviour protocol in a liberal democracy is the law. Sexual assault is against the law. The clear negative sanction for breaching Australian laws against sexual assault is prosecution.

For the Coalition, Morrison’s comments are counterproductive in two ways. First, they undermine the argument that stopping the boats is solely about protecting the lives of refugees. Those who legitimately hold that view should be very annoyed by the Morrison proposals.

Second, they illustrate the Opposition doesn’t understand why it is in a winning lead. Julia Gillard’s Government is not terminal because it is too nice to asylum seekers. It’s terminal because of the fallout from the leadership spill, and the confusion and compromise which have crippled both policy and message. Gillard has a crisis of legitimacy she can’t shake. If a new Coalition government confuses what they campaigned on with why they won, Tony Abbott won’t last long in the Lodge.

On the Drum in February I argued the Government’s protectionist manufacturing policy isalmost entirely symbolic. The 2010 election was fought on these sorts of symbolic grounds. Julia Gillard may have declared her antipathy to big Australia but did nothing about it. Hers was a message for punters. It wasn’t instructions for legislators.

Both Gillard and Morrison’s comments are symbolic too. The only policy foundation behind Gillard’s claim that she plans to push Aussie workers to the front of the queue is a few tepid compliance adjustments to the 457 visa program. The Immigration Department thinks the scheme is working pretty well. The Rudd and Gillard governments have broken immigration records.

And the asylum seeker debate has been so fudged that it isn’t clear how much harder a Coalition could crack down on refugees. It certainly isn’t clear what policy goal that crackdown would achieve. What would be the purpose of imposing behaviour protocols, except as a political marketing tool?

You can almost forgive the 2010 election for its eccentricities – a new prime minister went to a quick election and everyone had to improvise. But the parties have had nearly three years to offer something more substantial than anti-immigration resentment.

Censorship Standards Come From A Personal Place

The United States Supreme Court Justice Potter Stewart gave this famously ambiguous definition for what constitutes pornography: “I know it when I see it.”

The director of the Classification Board, Lesley O’Brien, feels she has seen pornography in I Want Your Love, an American film that was due to be screened at the Melbourne Queer Film Festival next month.

The primary job of the Australian Classification Board is to give films their ranking of G, M, MA 15+, and R 18+, which allow them to be sold and exhibited.

Films shown at film festivals are exempt from the usual classification processes. But if the board’s director believes that a festival film might be rated X 18+ (pornographic, and therefore only available in Canberra or the Northern Territory) or RC (refused classification: available nowhere) the exemption is not granted. You can read the particulars here.

To give a film either of these classifications is censorship in every relevant way.

Yes, in 21st century Australia our government still censors “obscene” culture – we still employ a descendant of the system that banned James Joyce’s Ulysses and D.H. Lawrence’s Lady Chatterley’s Lover. We still have bureaucrats who decide what we can and cannot watch.

It has been decided we cannot watch I Want Your Love. The film features a “six-minute montage of friends, housemates and partygoers” having their intimate way with each other. Presumably it’s a pretty graphic six minutes, worthy of the X 18+ stamp.

But so what? It’s hard to see what public purpose banning a film that was to be shown only at a gay film festival achieves. You’d expect the audience at the Melbourne Queer Film Festival to have fairly specific tastes.

The film’s supporters say the six-minute scene is a critical part of the film’s narrative. The classification board says it serves no narrative purpose. The broader question of why we want a government bureaucracy doing contextual analysis of story structure is unclear.

Is it facetious to ask what approach to narrative theory the board uses? Vladimir Propp’s? Tzvetan Todorov’s? Claude Levi-Strauss’s? Joseph Campbell’s? Christopher Vogler’s?

Now, I’m not going to pretend to have a deep understanding of narrative theory – I got that list of names here. But if narrative relevancy is being used to justify censorship then it would be nice to know more about the board’s thinking.

Either way, by bureaucratic decree, I Want Your Love is now banned in Australia.

The banning comes at a critical moment in Australian classification history.

Last February the Australian Law Reform Commission released a major report into classification. The ALRC had a brief to bring classification up to date with the wealth of media choice that has been unleashed by the internet. What does it mean to classify a film when in the age of YouTube? What is the point of banning a sex scene in a film when there are many lifetimes’ worth of pornography freely available online?

Indeed, the ALRC had a hopeless, even pointless task. No mandatory, centralised, bureaucratic classification system could ever hope to monitor all content available to Australians in 2013. Seventy-two hours of video are uploaded to YouTube every minute. An honest reform of classification in our era would begin by rethinking its purpose, and, perhaps, throwing it all away.

Instead, the ALRC did what every inquiry before now has done. In the report’s view, the Government should try to classify “any content with an appropriate Australian link”. This seems more like a cry for help than a policy principle – how on earth could it be achieved in practice? Although to be fair it’s a better attempt than what was recommended by a 2011 parliamentary report, as I wrote on the Drum at the time.

The only real outcome of ALRC process has been the introduction of an R18+ rating for videogames. For historical reasons – pretty much just hostility of policymakers towards gaming – video games have lacked this higher classification. The new rating came into effect in most states in January.

And yet an R18+ for video games is cosmetic at best. Australian gamers have been flouting the restrictions imposed by our archaic classification system for decades. Gamers tend to be a technologically literate bunch. They’ve been importing and downloading whatever they’d like. And video games can still be refused classification – that is, banned.

The video game classification issue became an iconic battle within the gaming community. It was the quintessential “politicians just don’t get technology” story.

Unfortunately, for all their passionate defences of free speech, too many of those gamers and game-focused technology journalists have vacated the field after their minor win. The Government’s sort-of abandonment of its internet filter hasn’t helped either.

But our classification board is still acting as a censorship board. It is still a sop to the self-appointed moral arbiters. Just because some video games have had a small reprieve doesn’t mean the broader problem has been resolved.

In his 1704 essay On Obscenities, the French philosopher Pierre Bayle argued against the arbitrary nature of deciding what offends society – that is, trying to define what we would call “community standards”.

For all the verbiage poured out about community standards, censors rarely make any attempt to determine what the community’s real standards are. If they did they would be confronted with a problem. Those who, in Bayle’s words, “compose wanton verses” are surely part of that community, and contribute to its standards. Those who would eagerly read wanton verses are part of the community too.

So how can any model of community standards exclude the opinions of the people who might go to the Melbourne Queer Film Festival?

Ultimately, any censorship that tries to test a cultural work by (in the words of the Classification Act) “the standards of morality, decency and propriety generally accepted by reasonable adults” will be built on sand – an unstable pile of assumptions and prejudices of the officials who make the final decision.

In other words, they’ll know pornography when they see it. And that’s all it takes for censorship to kick in.

Protectionism, Symbolism And Gillard’s Jobs Plan

Timing is everything. On Sunday, Prime Minister Julia Gillard announced her “plan for Australian jobs” at the Boeing factory in Melbourne: $1 billion “to make sure that we are a manufacturing nation”.

The next day, the nation’s largest manufacturing union assembled for its national conference on the Gold Coast. Australian Workers’ Union (AWU) chief Paul Howes announced he backed her leadership “110 per cent”.

This is as good a way to measure public policy success as any.

Gillard’s jobs plan (formally titled the Industry and Innovation Statement) is an obvious sop to the protectionist wing of the union movement.

You can read the plan yourself here. But it’s actually pretty uninspiring; a grab-bag of miscellaneous policies trying to form a cohesive whole.

Some of the policies are new. The 10 “Industry Innovation Precincts” are an attempt to cluster industries à la Silicon Valley. We’re throwing $238 million at this little idea.

Industry Innovation Precincts are no more likely to be successful than a similar Howard and Kennett joint venture: the Commonwealth Technology Port, sited in the Melbourne Docklands.
ComTechPort failed to attract digital entrepreneurs and was instead colonised by government departments. Now it’s been rebranded as an “inner urban community”. Let’s see what the Gillard precincts look like in a decade’s time.

Others policies in the jobs plan have already been announced. Legislation for the Anti-Dumping Authority is already squirrelling through parliament.

All up, the jobs plan is not really a new “$1 billion” package. It’s a $791 million one.

But the plan’s big ticket items are the worst of both worlds: they’re both administratively complex and completely unable to achieve their purported goals.

In other words, Julia Gillard’s jobs plan is protectionism as symbolism. It’s a “victory” that the old industrial unions can bring back to their members.

All large projects with a capital expenditure cost above $500 million will be required to submit Australian Industry Participation plans that detail how they intend to involve local firms in their project. Australian Industry Participation plans started back in the early 2000s but only applied to government-funded projects. The Gillard Government is extending them to independent private projects.

In practice, Australian Industry Participation plans end up being pointless red tape. Only the most reckless project manager would deliberately exclude cheaper local suppliers. The plans are mainly there to make local firms feel like they’re in with a chance.

Really large projects ($2 billion and above) that are receiving concessions to import goods tariff-free will have to “embed Australian Industry Opportunity officers within their procurement teams”. It’s not clear exactly what that means. It sounds like embedded public servants.

Now, embedding public servants in private enterprise sounds a bit creepy.

But plus a few increases to existing programs (the Government’s venture capital fund gets an extra $350 million) that’s all there is to the Government’s “jobs plan”. It’s a couple of tokenistic, bureaucratic measures presented as a great win for Aussie jobs and Labor values and the Asian Century.

The fact that union bosses have taken this thin gruel back to their members with such enthusiasm is revealing. They are as much in on the game as the politicians.

No doubt there are many in the AWU’s rank-and-file who want the Government to protect manufacturing and blue-collar jobs by major government intervention – protectionism and planning and government investment. If so, then they’ve been completely sold down the river by their union representatives.

Gillard’s Labor Party faces the same dilemma as many other labour parties around the world. The ALP has become entirely technocratic, as Tim Soutphommasane lamented in the Age recently. Managerialism has replaced ideology. Quite rightly, they’ve learned that open markets and free trade deliver higher living standards for the whole country. But this is hard on their old base. The winds of international competition have been tough on manufacturing unions.

So the protectionism we do get is tokenistic – little regulatory rules and futile programs. Nobody seriously believes these policies will have a substantial effect on the viability of manufacturing in Australia. If the Government really believed that the secret to national economic success was clustering firms geographically or forcing big projects to buy local, these policies would be 10 times as large.

In the case of anti-dumping law (which prohibits foreign manufacturers from selling products in Australia below their “normal” price) the Productivity Commission has explicitly said it exists for psychological reasons rather than economic ones.

We can see the same dynamic in the United States. The political scientist Dan Drezner noted the mercantilist theme running through Barack Obama’s recent State of the Union speech. Obama needs to signal to blue-collar manufacturing workers that he wants to protect them but at the same time the administration can’t abandon the free trade necessary for its long-term economic growth.

There was a great worry at the start of the global financial crisis that the world might take a turn towards protectionism. Politicians often respond to economic downturns by attacking trade.

But rather than demonstrating a lack of faith in free trade, symbolic protectionism does the opposite. Protectionism and state economic planning hasn’t just lost the intellectual debate. It’s completely lost the political one as well.

Forget Drugs – There’s Nothing Natural About Modern Athletes

When the Australian Crime Commission (ACC) brought down its report into performance enhancing drugs in Australian sport, Prime Minister Julia Gillard announced she was “sickened” by the revelations. Justice Minister Jason Clare used the word “disgust”.

Sickened and disgusted. Visceral reactions. It’s easy to dismiss the Government’s extreme response to the ACC report as mere political expediency. But the reaction – not just the Government’s, but across the press and public – suggests something deeper. We have elevated the anti-doping crusade into a quasi-religious battle between good and evil. It’s ideological.

Spectators and publicists have always wrapped sport up with notions of purity. The people who revived the Olympics believed that nakedness of Ancient Greek athletics was an expression of that purity. In the early 20th century purity and sport took a creepy, racialised form.

Our modern ideals of purity are more benign. We extol natural fitness, health, and sportsmanship.

Doping feels like a direct attack on these ideals. It is artificial, seems dangerous and it is kept secret.

But that attitude is only recent. Until the 1960s, drug enhancement was integral to sport. It had been that way for nearly a century. The first experiments with doping – the use of coca in long distance walking – date from the 1870s. Early drug use was optimistic. Science had the potential to increase strength and stamina. Scientific progress and athletic achievement went hand in hand.

There’s a great story about an early effort at doping by the Arsenal football club. In 1925, Arsenal’s manager, Leslie Knighton, was visited by a “distinguished West End doctor” who offered “courage-pills” (probably amphetamines) for an upcoming game against West Ham United. Having been reassured the pills were safe, Knighton accepted.

Just before the match began, Knighton’s team took their pills. The problems began when the referee postponed the game due to thick fog.

Getting the boys back to Highbury that afternoon was like trying to drive a flock of lively young lions.

The entire team was violently restless and impossibly thirsty. The next week, the team dutifully swallowed the pills again. The match was again postponed. Once more came edginess and thirst. When they finally played West Ham, the energetic, drugged up team managed a nil-all draw. In the rematch, the poor old Arsenal players rebelled. No more drugs.

The only reason we know about the episode is because Knighton included it in his 1948 memoir, under the chapter title “I Dope Arsenal for a Cup Tie”. At no time did Knighton have any ethical qualms. Neither, it seems, did the team. They had no sense that this was cheating. But they wanted to keep it secret nonetheless.

Knighton saw the pills as a variation on normal practice. Doping was like any other psychological or medical inducement – another way to give his team “hearts as big as bullocks”.

Bertolt Brecht said that “Great sport begins where good health ends”. Athletes subject themselves to brutal fitness and exercise regimes. We isolate talented children from a very young age, direct their life towards training and competition, control what they eat and how they exercise, and send them to specialist academies where we deny them the usual pleasures of growing up. It is ludicrous to claim that the highly-engineered extremes of modern competition are in any way “natural”.

Indeed, one of the most pernicious myths in the anti-doping crusade is that drug use destroys the level playing field of competitive sport. In his book A History of Drug Use in Sport: 1876-1976 the sports academic Paul Dimeo pointed out the entire purpose of training and preparation is to make that playing field uneven.

When does a natural substance such as oxygen, altitude or even testosterone become cheating? How is taking a chemical substance that much different from using specialised equipment, psychological counselling or team tactics?

As Leslie Knighton understood, an advantage gained by doping is a question of degree, not kind. It’s just another way to get an edge.

The tide turned in the 1960s. “Doping is an evil,” proclaimed the anti-doper Sir Arthur Porritt, “it is morally wrong, physically dangerous, socially degenerate and legally indefensible”.

The campaign against drug use was a campaign to raise the status of sport to something impossibly noble and moral. Drugs weren’t the only thing these anti-dopers believed had corrupted the sporting ideal: commercialism, professionalism, and an obsession with personal glory were also undermining sport’s essential purity. The anti-dopers wanted sport to be a reflection of an ideal world of health, morality and virtue. One of the charges against female athletes using drugs was that doping denied their femininity.

Dimeo argues the anti-doping ideology is deeply hypocritical. On the one hand we want athletes to sacrifice their lives in the pursuit of victory and record-breaking. Elite competition is destructive, all-consuming. But then we demand they know exactly when to stop, that they know what risks they should not take with their body. The old fantasies about purity and sport have been turned into systems of control. The crusade against artificial stimulants has been imposed from above by sports bureaucrats who want to regulate the moral choices of athletes.

One legendary Belgian cyclist of the 1950s, Rik van Steenbergen, said after his career that “there are no such things as supermen. Doping is necessary in cycling.”

Throughout the 20th century many riders have argued that professional cycling is so punishing it would be virtually impossible without performance enhancement.

Any sport can make whatever rules it likes about drug use. But let’s get off the high horse. We insist that athletes stop at nothing for our entertainment. Why the horror when they do exactly that?

If It Looks And Smells Like A Campaign, Then It’s A Campaign

When Prime Minister Julia Gillard told the National Press Club that she did not want to start “the nation’s longest election campaign”, the whole room laughed.

Because that’s what she had just done. She knew it, the press gallery knew it, and the public knows it.

The announcement only happened on Wednesday but the intervening six days have been an eternity. One MP has been arrested, two senior ministers have resigned, we have a new Attorney-General and a new Minister for Immigration (the Commonwealth’s two most contentious jobs) and now the Prime Minister is reprimanding Labor MPs for leaking against her Government.

But let’s stick with the election announcement for a bit. It exposed pretty much everything that’s wrong with Australian politics today. The obsession with minor media idiosyncrasies. Our parliamentarians’ ridiculously self-important attitude. Most of all, the drifting aimlessness of the parties. Julie Gillard didn’t just reveal a date – September 14. She opened a little window into our current malaise.

There are three public explanations for why Gillard announced the election now.

The first two are briefly plausible. In her speech, the Prime Minister said it would give the business community “certainty”, and spike the inevitable press speculations about the date.

The former claim inflates the importance of politics. It’s easy for the political class to imagine the whole country lives on their every word. It flatters the politicians, who want desperately to believe when the government changes the country changes. It flatters the pundits, who imagine their interpretation of the momentous events of Canberra are of great significance. It patronises everybody else.

The latter claim ridiculously, hilariously exaggerates the importance of opinion columns. Are we really so obsessed with the media we think the occasional, harmless speculation about an election date hurts our democracy? That spiking the future column ideas of press gallery reporters is somehow a brilliant political manoeuvre?

If Julia Gillard’s office genuinely believes so, Labor is in more trouble than even the polls suggest. For the last few years anti-media hysteria has grown out of control. Now all that marginal bleating about the “MSM” is starting to subsume the functions of government itself.

Gillard’s third and final explanation for announcing the election date isn’t even coherent, let alone convincing. Why would announcing an upcoming election date make it “clear to all which are the days of governing and which are the days of campaigning”? It does exactly the opposite. It blurs the boundaries.

The announcement has left everybody confused. Her parliamentary colleagues seem to have gone into a strange, half-hearted campaign mode, not sure where they are in the political cycle. Wayne Swan went on 7.30 the night of Gillard’s Press Club speech for no obvious reason except to demonstrate he exists. If the Treasurer had something to announce, some new question to answer, it never came out in the interview. Was Swan campaigning or governing? Did he even know?

A “campaign” is not a strictly defined thing. It exists in the mind of the beholder. It’s an attitude. That some state parliaments have fixed terms is irrelevant. In federal politics the campaign starts when the Prime Minister reveals the polling day. If something looks like a campaign, smells like a campaign, then it’s a campaign.

Indeed, the launch of a campaign is the only way Gillard’s Press Club speech makes sense. Labor has long hoped voters would eventually be so revolted by Tony Abbott they would turn against the Coalition. The Press Club address was one final ploy to up the stakes; a last attempt to try to shift the burden of proof onto the Opposition.

The Government needs the election to seem imminent enough that voters start really questioning Abbott’s preparedness for government. But electoral attitudes don’t change overnight, so there needs to be time to turn the public around.

Certainly, Gillard didn’t just announce the election date at the Press Club. She gave a 3,500 word speech. The rest of it was a serious discussion with a few important arguments about the state of the Australian economy. Unsurprisingly people have criticised the media for ignoring all that heavy stuff.

But whose fault is that? Julia Gillard didn’t come down with the last shower. She must have known people would focus more on the surprise election date reveal than her thoughts about long-term trends in superannuation returns. The Prime Minister couldn’t have diverted more attention from the body of her speech if she tried.

Yes, we’ve got to the stage that people are blaming the press for what politicians do.

Labor people want Tony Abbott’s Coalition to be subjected to more scrutiny. That’s fair enough. The Coalition has been calling for an early election for years, and we’ve a right to see more of what they’ll do in government, not just how much they think Julia Gillard is a bad prime minister.

So for all its flaws Gillard’s early announcement gambit could work. Even if it doesn’t, what has the Government got to lose?

But let’s not pretend it isn’t an explicitly political gesture, only made possible by our sickly and dissatisfied national political culture.

The Orwell Cult Is Way Out Of Hand

Last Monday the left-wing magazine New Statesman declared it was “Orwell Week”.

How utterly shameless.

George Orwell is no longer a journalist. He is an all-purpose, all-terrain vehicle for the vanities of other writers.

This is particularly obvious in the case of the New Statesman. In 1937, the magazine’s editor, Kingsley Martin, rejected two of George Orwell’s pieces on the Spanish Civil War for being excessively critical of communism. His articles would “cause trouble”, Martin claimed, because Orwell had described fascism and communism as two sides of the same totalitarian coin.
The New Statesman was a bastion of sympathy for the Soviet Union. Orwell later said its typical reader “worships Stalin”.

Now the New Statesman wants to wear George Orwell as a political badge.

Orwell has an outsized reputation. It goes something like this: he brilliantly captured the essence of socialist totalitarianism, and did so against the political fashion of the time. Other intellectuals had been seduced by the Soviet experiment. He was a lonely apostate. This required great moral courage.

There is less to these claims than the Orwell idolisers will admit. He was a good writer – and a great journalist – but the Orwell cult has gotten way out of hand.

People imagine if they talk about their heroes they will imbibe their qualities. Politicians make speeches about Winston Churchill hoping his reputation for leadership and grit will rub off on them. Journalists use Orwell for independence and integrity. Christopher Hitchens – usually such an iconoclast – did more to inflate the Orwell cult than anybody in recent decades, and did so transparently to make himself Orwell’s political heir.

But Orwell got one big thing wrong, and it goes to the heart of his political thought. He misunderstood the basic nature of totalitarianism. He rightly believed the all-powerful state was terrifying. He wrongly thought it could function.

The state in Nineteen Eighty-Four has complete control over society. The Thought Police sees all. The four great ministries of government (Peace, Plenty, Truth, and Love) command all. It was totalitarian in the most fundamental sense – state power was total.

The Union of Soviet Socialist Republics was nothing like this. Konstantin Simis’ great book USSR: The Corrupt Society makes clear how broken the Soviet system was. It was held up by networks of patronage and bribery and an underground economy and interpersonal politics. The USSR didn’t have high-tech telescreens feeding a central authority. Soviet control came from informants and petty betrayals. Totalitarianism was anything but complete.

In Nineteen Eighty-Four, Orwell’s protagonist fantasises that the state might be rotten under the surface.

Anything that hinted at corruption always filled him with a wild hope.

It’s a telling difference, that between Orwellian fantasy and crooked reality. In 1944 Orwell wrote a downbeat review of Friedrich Hayek’s Road to Serfdom. He accepted Hayek’s political critique of socialism. A state that tried to control an economy would eventually control a society.

But Orwell does not seem to have taken in Hayek’s more crucial message: communism did not function as well as communists imagined.

No matter how unconstrained and all-powerful a central planner was, they would never be able to marshal enough information about the economy to plan it effectively. Big Brother could never see everything. Orwell did not accept this. He remained a socialist, albeit a democratic one.

That, ultimately, is what makes Orwell interesting. He succeeded where so many of the pre-war left failed. Rather than wilfully defending and promoting the Soviet dictatorship, he attacked it. His fame is tied to their infamy. This is why the New Statesman’s appropriation of his name so obscene. It was the moral bankruptcy of Kingsley Martin that makes Orwell important.

Orwell was not the only intellectual to identify the totalitarian impulse in Marxism, and certainly not the first. Nineteen Eighty-Four was published in 1948. Eugene Richter’s Pictures of the Socialistic Future was published nearly 60 years earlier, in 1891. Richters’ book is also a dystopian imagining of a communist state. But Richter was a German liberal, and was as interested in discrediting how socialism worked as exposing its dictatorial tendencies.

Another “Orwellian” vision, Yevgeny Zamyatin’s We, was published in 1921. We is on the other side of the spectrum – it is even more fantastical than Nineteen Eighty-Four, and even more extreme. Zamyatin had personal experience of Soviet communism. (His book was the first to be censored by the Soviet literary board.) The totalitarian state in We has even stripped citizens of their names. Zamyatin’s protagonist is referred to as D-503. Where Orwell explored how a state used language for control, Zamyatin’s state used mathematics, giving the book a surreal feeling that Nineteen Eighty-Four lacks.

Jack London also wrote a dystopian novel in 1908, The Iron Heel, which Orwell is known to have admired.

Neither was Orwell uniquely clear-headed about the nature of the Soviet Union. From 1917 onwards there were credible reports from émigrés, Christian missionaries and even the occasional tourist revealing all was not well in the USSR.

Details were sketchy but as this newspaper search demonstrates Soviet persecution was no secret. Western Marxists who discounted these reports were being wilfully ignorant. Those that ignored them are morally culpable.

Orwell did neither. But surely this is the bare minimum we ask of an intellectual – to not completely sell out, to not outright lie, to not distort known truths in service of an ideology. Once again the idea of Orwell as a truth-seeking hero only makes sense when we account for the intellectual depravities of his comrades.

A writer does not have to be ground-breaking to be valuable and insightful. And it isn’t fair to heap the egos of half a century of jealous polemicists on to Orwell.

One of the charms of Orwell’s journalism is his modesty. And a person cannot be held responsible for what others do with their reputation. But, no doubt, George Orwell would be amazed at what his has become.

Anti-Discrimination Laws: An Act Of Confusion

Even when discussing complex pieces of legislation, it’s worth trying to get basic concepts right.

The Gillard Government’s proposed anti-discrimination changes fail this test. They artlessly try to blend two concepts together – discrimination and harassment.

But to harass someone and to discriminate against someone are different things.

If a person misses out on a job in favour of a less-qualified person because of their skin colour, then that’s discrimination. Harassment is different. You harass someone when you intentionally disturb or upset another person.

They’re both bad, certainly. But they’re conceptually distinct, and have been that way since the first federal anti-discrimination law was passed in Australia in 1975.

The Government wants to “consolidate” a whole bunch of bills concerning discrimination – including the Racial Discrimination Act and the Sex Discrimination Act – into a grand Human Rights and Anti-Discrimination Bill.

Simplifying law is a usually good idea. Yet what comes out is an incoherent mess. And it’s hard for citizens to obey an incoherent mess.

For example, if the bill goes through the Parliament, it will be unlawful to treat someone unfavourably by offending or insulting them because of their political opinions, industrial history, or social origin in any work-related area.

The concepts of “offend or insult” come from existing harassment law. Unfavourable treatment is the mainstay of discrimination law. Fusing the two together may superficially seem like a good idea, but read the previous paragraph again. What wouldn’t be captured by this new omnibus bill?

All political opinions are offensive in some fashion – politics is about controversy. Almost everywhere is “work-related” for someone. Offence is in the eye of the receiver, not the giver. And what on earth is “social origin”?

These anti-discrimination changes have a long and sad history.

Way back in 2008, Kevin Rudd and his Attorney-General Robert McClelland announced a broad inquiry into Australian human rights protection.

They put Father Frank Brennan in charge of this National Human Rights Consultation. That year was the 60th anniversary of the United Nations Universal Declaration of Human Rights – a document which Labor’s HV Evatt helped draft. McClelland used the Evatt Foundation as his platform to kick it all off. There was a big song and dance about the whole thing. The committee received tens of thousands of submissions.

But the ambitions of 2008 disappeared. Kevin Rudd’s hyperactivity became nervousness and uncertainty. In 2010 the government rejected the committee’s major proposal – to implement a national charter of rights.

Rudd was dumped. McClelland was jettisoned from the Attorney-General position in 2011.

But one minor government response to the consultation was a promise to consolidate all existing anti-discrimination laws to reduce “uncertainty”. And once started bureaucratic process does not stop.

This is one reason the anti-discrimination bill has “human rights” in the title. It’s a grand phrase for something that is purportedly only designed to merge a few acts together. It’s good public relations as well. Who could oppose human rights?

Yet the consolidation of anti-discrimination law was barely mentioned in the final report of the Rudd-era consultation. And the report did not explain why it was necessary. Last year, a discussion paper about the potential consolidation took the need for legislative consolidation as a given. We seem to have skipped a step. Why is this all so urgent?

In The Australian earlier this month Roxon suggested we need consolidation because “the community at large, including lawyers, is unsure or confused about what might already be discriminatory”.

No doubt many people are confused. That’s what happens when governments pass a lot of laws.

But rather than clarifying existing prohibitions, Roxon’s department have chosen a brute-force approach – they plan to make everything discrimination. They haven’t just consolidated existing law. By mixing harassment and hurt feelings with discrimination they’ve dramatically expanded it, opening up vast new opportunities for litigation. The draft bill eliminates confusion, sure, but replaces it with chaos.

Lost in all this is any recognition of the importance of freedom of association.

Free association is one of our least defended liberties. It is just as much a human right as any protection against discrimination. It appears in both the American Bill of Rights and HV Evatt’s Universal Declaration of Human Rights. But anti-discrimination law – a passion of the human rights lobby – has steadily eroded it.

Now organisations have freedom of association only if they meet one of the exemptions specified in law. It is the responsibility of religious organisations to justify why they should be allowed to choose employees according to religious doctrine, rather than the government to justify why those organisations should be prevented from doing so.

We have had anti-discrimination laws for nearly 40 years. They’ve taken on a life of their own. The Government is now putting more effort into specifying what is permitted, rather than what is prohibited.

It’s hard to think of anything more contrary to the principle of human rights than that.

Tax exiles vote with their feet

In 1979 Kingsley Amis, author of Lucky Jim, wrote to a friend, the poet Philip Larkin. Amis’s son Martin had just published his third novel.

Kingsley was a conservative who hated feminism, welfare and the Labour Party. Martin was a young radical who hated nuclear proliferation and the Vietnam War. Martin had just left Britain.
“Did I tell you Martin is spending a year abroad as a TAX EXILE?”, the elder Amis wrote, obviously annoyed.

“Last year he earned 38,000 pounds. Little sh*t. 29, he is. Little sh*t.”

So that’s a conservative father angry at his left-wing son for avoiding taxes. Imagine how Kingsley felt when Martin published his most famous novel a few years later: Money, a satire on eighties greed.

Yes, people have strong feelings about tax exile.

Gerard Depardieu left France in December because he didn’t want to pay president Francois Hollande’s 75 per cent top rate – the so-called “millionaire tax”.

The Rolling Stones, Marvin Gaye, Michael Caine, Noël Coward, David Bowie, Sean Connery, and the journalist David Frost have all at one time in their careers left home to find a cheaper tax rate.

But their actions are rarely welcomed by taxpayers who remain behind. When Depardieu joined the tax exile ranks, the French press was furious.

Take this piece in Libération by another actor, Philippe Torreton:

You are leaving the French boat in the middle of a storm?

Scroll through the whole thing. Even muddled by Google Translate it’s extraordinary. Angry, deeply nationalist, and betrayed. Torreton pretty much accuses Depardieu of treason.

To be fair, Depardieu is no freedom fighter. He has gone to Russia, a country now famous for locking up musicians. And he’s not just running away from taxes. Depardieu didn’t appear at a drink driving hearing in France last week. But, then again, those aren’t the reasons Torreton is angry.

Why do tax exiles spark so much resentment? Our views on immigration-as-tax-avoidance expose deep political differences.

But these differences are implicit rather than explicit. We’re used to sterile, utilitarian debates about the size of government or economic regulations. The Amis family would have split on these issues along standard left and right lines. Tax exile raises deeper, thornier questions about the relationship between nation and individual; between democratic obligation and liberty.

In many ways, it’s like the debate about compulsory voting. We’re not sure what the social contract actually says.

Democracy is a mechanism for making collective choices. Universal suffrage gives those choices legitimacy. That’s all good. But what happens to those who object to a democratic decision? Depardieu obviously disagreed that his tax rate should be 75 per cent. So he left. Is this legitimate? Is he being fair to France?

Let me give the classical liberal answer. When faced with something we dislike we have two choices. We can use our voice to get things changed – we can vote or protest or complain. Or we can exit. Depardieu took his business elsewhere.
But voice and exit are not mutually exclusive. The threat of exit adds strength to the voice. The fear people will send their money offshore is a powerful limitation on how much governments can tax.
So French taxpayers owe tax exiles like Depardieu some thanks. The actor’s highly-publicised flight demonstrates emigration is not an idle threat.

Reflecting in his memoir about when the Rolling Stones left England, Keith Richards wrote that:

The last thing I think the powers that be expected when we they hit us with super-super tax is that we’d say fine, we’ll leave… They just didn’t factor that in.

Governments don’t always remember their power is not absolute. Allowing citizens to leave is as powerful a check on state power as a constitution or a bill of rights.

And of course if we care about liberty, then the freedom for an individual to choose where they live has to be respected.

One major source of resentment about tax exile is that it is a luxury of the rich. A French dock worker, no matter how heavily he feels the tax burden, will not be personally welcomed into Russia by Vladimir Putin.

This is a reasonable objection. But it’s directed at the wrong culprit. Around the world, immigration policies favour high-skilled, high net-worth individuals. They specifically and intentionally keep out the poor and unskilled. This is obviously unjust, but immigration policies are to blame, not tax exiles.

Depardieu is not unique. France is experiencing a wave of tax exile much like Britain before the Thatcher years. Musicians and actors fled Britain’s high tax rates in endemic numbers. There’s a great story about Robert Plant, lead singer of Led Zeppelin, dragging himself out of hospital after a car accident and rushing to the airport in order to maintain his British non-resident status for tax purposes.

There was such interplay between culture and taxation in Britain that musical genres could be defined by where the artists stood on the tax ladder. In 1976 Mick Jones of The Clash summarised the difference between new punk and old rock by saying:

We’re all down [on] the dole anyway, coppin’ our money off Rod Stewart’s taxes.

Jones was teasing. Stewart had left Britain the year before.

Many British tax exiles went to France. Today many French exiles live in Britain.

If Francois Hollande persists with his supertax on high income earners (not a sure thing, as the 75 per cent rate was recently ruled unconstitutional) then tax flight will shape French culture this decade as sure as it shaped British culture before Margaret Thatcher.