Andrew Dowdell and Michael McGuire have an interesting article in the Adelaide Now about censorship in the South Australian election . The South Australian government wants to force everyone who comments on the upcoming SA election to provide their name and postcode. Attorney-General Michael Atkinson said the law was “all about honesty“. However a law that forces someone to not comment as “Anonymous” and instead forces them to use a name that sounds like something that might appear on a birth certificate and a postcode is not going to increase honesty at all.
I think it’s much better to honestly say “I’m not telling you my name” than to lie and claim to be revealing your name. When the government forces people to give precise but totally inaccurate information it seems that it’s going to be bad for everyone. It’s even bad for the people who want to be identified, if most people who comment on a blog post are anonymous then I’d like to be distinguished as the person who uses their real name!
In the vast majority of cases the effort of determining who is using their real name will not be worth the effort. If someone comments on my blog under the name “John Howard from Bennelong” I will be very suspicious that they are using a fake name. But probably the vast majority of the English speaking population of the world wouldn’t immediately identify such a name as fake. If someone wants to comment on my blog and they don’t have a published phone number then I won’t have any good way of identifying their address. If their name and postcode match an entry in a phone book then they still might be faking it – they could take a random name from a phone book. If I was to demand that people who enter blog comments provide their phone numbers then I would have to pay the expense of phoning them as well as dealing with cases of people who are away from home, should I delay a blog comment for a month until the author returns from their European vacation?
I have had a moderate amount of experience in writing letters to the editors of newspapers, and I have only once had an editor phone me to verify my details. In all other cases I guess I could have fooled them if I wished.
I believe that there are already precedents regarding libel, if I approve a blog comment (or fail to unapprove it in a reasonable amount of time if it meats the automatic approval criteria) then I could be sued for libel if the contents of the comment are deemed to be suitably damaging. So if I was to try to get the real names of people who make comments on my blog then it wouldn’t make it any easier for an idiot who wants to sue – also anyone who wants to sue regarding an Australian political issue will probably find me a better target than most people who comment on my blog (a significant portion of whom are from the US and have much greater legal protections of their freedom of speech).
Extending such a law to US based services such as Twitter is just silly. The stockholders and employees of a US based corporation can freely laugh at Australian censorship laws. Also it’s pretty stupid to have a global scope on such laws, as a Victorian why should I care about the South Australian state laws? Implementing laws that can be easily broken inadvertently and can never be enforced against anyone who cares is just pitiful and will result in the MPs who vote for such laws being the object of derision.
Vote for the small parties and independent candidates. Both Labour and Liberal want to censor us, put them in the second last two spots on your vote card!
Now this law doesn’t take affect until the writs for the March 20 election are issued. I encourage Australian bloggers to write bad things about the Liberal and Labour parties after the writs are released which are not libelous and which don’t include your postcode. If they try to apply the new law then your blog post gets wide attention. If you plan to be a professional blogger then you could consider the $5,000 fine to be an advertising fee. If you don’t want to be known then you can use a US based blogging service.
I’m going to continue to write political blog posts whenever I feel like it and I won’t be telling anyone where I live. I will rely on the Streisand effect to save me.
The politicians in SA have surrendered, the law in question won’t be enforced and will supposedly be repealed after the election . It will be interesting to see whether they really do repeal that law.