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South Australia Outlaws Anonymous Political Speech

Sabriel writes "If you're online in South Australia and want to comment about the upcoming state election, be prepared to hand over your real name and postcode first — because this month it becomes illegal to do so anonymously (even under a pseudonym). Media organizations must keep your details on file for six months and face 'fines of $5000 if they do not hand over this information to the Electoral Commissioner.' This abomination was passed with the support of both major parties (Labour and Liberal), and to quote its sponsor, Attorney-General Michael Atkinson, 'There is no impinging on freedom of speech, people are free to say what they wish as themselves, not as somebody else.' Apparently incapable of targeting a few impostors without resorting to 'nuke it from orbit' legislative tactics, Atkinson has forgotten that protecting anonymity is important to the democratic process; hopefully both major parties will get a reminder come the polls on March 20."

43 of 352 comments (clear)

  1. Feh by Pojut · · Score: 5, Funny

    No critisism. Less freedom than the "suggestion box" at my office. Lame.

    1. Re:Feh by Falconhell · · Score: 3, Insightful

      The BEST thing the government here ever did was get rid of those firearms.

      We unlike some do not worship guns, and have a much lower death rate then the US.

      Note that the SA AG Atkinson has already backed down and decided to retrospectively repeal the law -without a gun in sight. It seems we have a working democracy youn dont.

      Your attempt to use this issue to try
      and justify an rant against the sensible policies we have is null and void.

  2. They are stopping it! by Anonymous Coward · · Score: 5, Informative

    http://www.adelaidenow.com.au/victory-atkinson-loosens-gag/story-e6frea6u-1225826104175

    1. Re:They are stopping it! by Anonymusing · · Score: 3, Informative

      Well, technically, from your link...

      "I will immediately after the election move to repeal the law retrospectively."

      So, it's in effect until after the election.

      --
      Liberal? Conservative? Compare perspectives at Left-Right
    2. Re:They are stopping it! by Fantastic+Lad · · Score: 4, Insightful

      "I will immediately after the election move to repeal the law retrospectively."

      Promises, promises. . .

      -FL

    3. Re:They are stopping it! by mcgrew · · Score: 4, Informative

      How can you tell when a politician is lying?

      His lips are moving.

    4. Re:They are stopping it! by mwvdlee · · Score: 4, Insightful

      If so, couldn't they have build this expiration date into the law itself?

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  3. oblig by muckracer · · Score: 4, Insightful

    If anonymity is outlawed, only outlaws will have anonymity...

  4. My views by Anonymous Coward · · Score: 5, Funny

    Both parties suck.

    Come find me bitches!

    1. Re:My views by goldaryn · · Score: 4, Funny

      Both parties suck. Come find me bitches!

      What are you trying to do, bankrupt Slashdot?

      Some quick calculations. $5000 AUS is about, er, 50 quid or somthing, um, so, by my estimations Slashdot will go offline in approx... er..

    2. Re:My views by imakemusic · · Score: 4, Funny

      If I could find some bitches I'd keep them to myself.

      --
      Brain surgery - it's not rocket science!
    3. Re:My views by y86 · · Score: 3, Insightful

      Both parties suck.

      Come find me bitches!

      What are you trying to do, bankrupt Slashdot?

      Some quick calculations. $5000 AUS is about, er, 50 quid or somthing, um, so, by my estimations Slashdot will go offline in approx... er..

      This is why having slashdot in the USA is superior to most other countries. People were complaining about EXPORT laws last week for sourceforge.... the USA is looking pretty good now.

  5. Obligatory Soviet Russia joke: by zill · · Score: 5, Funny

    The Soviet constitution guaranteed freedom of speech.

    The American constitution guarantees freedom after speech.

    Obviously the Australia constitution guarantees nothing.

    1. Re:Obligatory Soviet Russia joke: by ztransform · · Score: 5, Insightful

      Obviously the Australia constitution guarantees nothing.

      Pretty much.

      Australian laws are largely created to criminalise anybody, anytime. You know the old joke, "I read my border entry form and didn't realise I had to be a criminal to qualify for entry to Australia!" - the reality is that everybody in Australia is a criminal, take your pick which laws you're breaking at any one time.

      If you think you haven't committed any crimes today you'll have a retrospective law applied to you in the future. Never fear, nobody gets away!

    2. Re:Obligatory Soviet Russia joke: by L4t3r4lu5 · · Score: 3, Interesting

      When everyone is a criminal, crime is commonplace.

      Stop working and go steal stuff. What do you have to lose?

      N.B. This is not legal advice.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  6. Easy to forget by JoshuaZ · · Score: 3, Insightful

    Part of the problem here is that when one is in power it is easy to forget why anonymity is important. The main worry causing anonymous speech is threat of retaliation. When one is a powerful politician, one doesn't need to worry about that as much. Moreover, since every political act politicians do is public, they have trouble understanding more general motivations behind anonymous speech. Thus, this behavior is understandable although very bad. I'm also inclined to wonder if this will apply to bloggers and people who comment on blog threads.

  7. Re:I'm not Australian but... by TheSpoom · · Score: 5, Interesting

    I think the right to be anonymous is more important than knowing who said what. You just know that the politicians put this law in place so that they could harass or politically destroy those who would speak against them. It's a "strategic *law* against public participation".

    Censorship is the road to fascism.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  8. Time for outsiders to plunge in by spywhere · · Score: 4, Insightful

    The rest of the English-speaking world should start posting anonymous political comments in South Australian Web sites. Maybe 4Chan should get involved...

    1. Re:Time for outsiders to plunge in by TheKidWho · · Score: 3, Insightful

      By 4chan you mean a bunch of nerdy teenagers?

      Onoes what will they do!

  9. MOD PARENT UP by TheSpoom · · Score: 4, Informative
    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:MOD PARENT UP by IBBoard · · Score: 4, Funny

      Today? TODAY? Are you new here, or do you have a short memory? ;)

    2. Re:MOD PARENT UP by Syberz · · Score: 3, Insightful

      So...

      1)Politician passes hated law
      2)People complain
      3)Politician does 180 and says he will get law retracted after the elections
      4)Politician gets re-elected
      5)Profit?

      --
      ~Syberz
  10. Enforceability by goldaryn · · Score: 3, Informative
    The commentary at the bottom of this article says it all I think

    John Quiggin, a long-time blogger and Research Fellow in Economics and Political Science at the University of Queensland, doubted whether the laws were enforceable. "They can pass as draconian law as they like, but without the capacity to impose their own internet censorship it's going to be a dead lemon," he said. "Anyone who wants to can set up an anonymous blog. "It will be totally ineffectual with someone who sets up a Wordpress blog post in the US under a false name and publish whatever they want."

    1. Re:Enforceability by MindlessAutomata · · Score: 4, Insightful

      That implies they care about universal enforcement of the law. They don't really care if someone whines about a traffic fine anonymously on the blog. No, they'll go after "particular" offenders, or they'll use it to punish dissidents they particularly dislike after already having them so they have something that can stick. That's how modern democracy works, after all--enough laws and you'll be able to nail someone on something eventually.

    2. Re:Enforceability by Anonymous Coward · · Score: 4, Insightful

      You seem to be forgetting the Great Australian Firewall that the Aussies are working on implementing:

      http://en.wikipedia.org/wiki/Internet_censorship_in_Australia

      As soon as the government can shut down your Wordpress blog by blacklisting it, you'll either have to give up political speech entirely or opt for a non-anonymous blog.

  11. Australian citizens, PLEASE do the right thing. by Anonymous Coward · · Score: 5, Insightful

    I'm not an Australian, but as a fellow citizen of the Western world, I'm putting out a call to all Australians to do the right thing, and vote all of these fools out of power. Parties are irrelevant. Get some people in there who love democracy, who crave freedom, who protect privacy, and who promote free expression.

    Australians, please take charge. Be the leaders that the Western world so badly needs. Show us that democracy can work, especially in the face of those who strive so hard to crush it.

    Be to the Western world what Poland and Hungary were to the Eastern Bloc nations twenty years ago.

    1. Re:Australian citizens, PLEASE do the right thing. by deniable · · Score: 4, Insightful

      I'm Australian, but NOT South Australian. They're ~7% of the Australian population, so all Australians can't do much, otherwise we'd have bounced Atkinson a while ago.

    2. Re:Australian citizens, PLEASE do the right thing. by MrNaz · · Score: 5, Insightful

      This has the support of both major parties and here in .au we have a de facto two party system. This situation highlights the fact that when western powers go militarily gallivanting around the developing word with armies while brandishing words like "freedom" and "democracy", they're actually engaging in bald-faced lies, because they neither understand those words nor do they desire them.

      --
      I hate printers.
    3. Re:Australian citizens, PLEASE do the right thing. by jDeepbeep · · Score: 5, Insightful

      I'm not an Australian, but as a fellow citizen of the Western world, I'm putting out a call to all Australians to do the right thing, and vote all of these fools out of power.

      By the time they could be voted out of power, the damage caused could keep the next batch busy for their whole term trying to undo it all (that is, IF the next batch was any better at all). The question to ask is how did they get in there in the first place? People voting them in? Very well then, we can expect more of the same next time then. If voting could change anything, it would be illegal too.

      --
      Reply to That ||
    4. Re:Australian citizens, PLEASE do the right thing. by Reziac · · Score: 4, Interesting

      Here's a question for you:

      If democracy works so well, why is it devolving into this same sort of scenario everywhere we look?

      If democracy works so well, why are we now in the position of having to vote the bastards out? how did they get voted in to start with??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  12. What the fuck by JoshuaZ · · Score: 4, Informative

    Ok, just finished reading TFA and in TFA they say that this law is set to expire right after the elections are over. That's such a blatant attempt to censor for specific electoral ends it isn't funny. If there were a genuine motivation here they'd have implemented it indefinitely. This doesn't seem that different than when some countries take over or close their media right before an election. Not cool.

  13. system by Tom · · Score: 3, Insightful

    hopefully both major parties will get a reminder come the polls on March 20.

    That's some heavy stuff you're smoking there, you sure it's legal?

    The political system of the west is built to let blunders of this kind disappear. Because you can not vote on issues, only on parties. And if party X has 90% of your opinion, you're going to vote for it rather than party Y which only has 60% of your opinions.

    Until something like that Pirate Parties "liquid democracy" becomes a reality, that's the way it is and the major parties can pretty much fuck you in the ass as long as they make sure you don't have any realistic alternatives to vote for instead.

    --
    Assorted stuff I do sometimes: Lemuria.org
  14. australia has been stuck in the antipodes too long by circletimessquare · · Score: 4, Funny

    we need to tow australia up to the northern hemisphere, give it someone to talk to and play with. it's kind of getting cabin fever down there in the nothingness and kind of losing its mind. all it has to talk to is new zealand, and we all know what that's worth

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  15. It should not matter who voices the opinion by Shivetya · · Score: 5, Insightful

    I don't care if its the ACLU, RIAA, Greenpeace, NRA, or George Clooney.

    People accept views in line with their own usually without regard to source. Far too many put any effort in determining if quotes are from the actual source let alone what some of the those groups with fancy names really represent.

    I want all the speech we can get, the day where we outlaw it because of some petty concerns, and yours are petty, is the day we start down the path of excluding groups by voluntary organization which in turn because those of involuntary association.

    Sorry, either all or nothing and all is the only choice. Look at any politician who comes out against a particular type of speech and you will find an incumbent fearful of losing his power over others.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  16. Re:I'm not Australian but... by mcgrew · · Score: 3, Funny

    A misquote (because my memory isn't what it used to be) from Hunt for Red October: "Son, I'm a politician. When I'm not kissing babies I'm stealing their lollipops."

  17. Re:I'm not Australian but... by elrous0 · · Score: 4, Insightful

    Yeah, but an oil company exec is smart enough and rich enough to conceal his identity. You're never going to see a political ad that says "Brought to you by the Exxon Corporation." Instead it will say "Brought to you by Concerned Citizens for a Reasonable Environmental Policy" (or something similar). Then, only if you dig into it, will you find out that the latter "citizens' organization" is funded by a bunch of oil companies. It's much more difficult for an individual with no resources to form a front organization.

    Laws like this one and the recent U.S. Supreme Court decision may well deprive the individual citizen of what little voice they already have in politics.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  18. Re:I'm not Australian but... by clone53421 · · Score: 3, Interesting

    No, I don’t.

    If a cop says I turned left at an intersection where there’s a sign saying “no left turn”, I’m guilty unless proven innocent. They don’t even have to reveal their tape footage from the car showing whether or not I actually did.

    Innocent until proven guilty is a pathetic lie that’s maintained to placate us.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  19. Aussie Mates by Anonymous Coward · · Score: 3, Funny

    You do know why everyone in Australia calls each other "mate", don't you?

    It's short for Inmate.

  20. Re:I'm not Australian but... by icebraining · · Score: 3, Interesting

    Nor does this law criminalize any of the things these suddenly non-anonymous posters will say.

    No, it'll just make them sure that now they'll be identified and possibly "stopped" by those who don't appreciate their positions.

    Your boss is a militant for party X? You'd better don't say anything bad about them, or you'll find yourself out of a job.

    1995 US Supreme Court precedent in support of anonymity:

    * "... Anonymity is a shield from the tyranny of the majority."
            * "... the most effective advocates have sometimes opted for anonymity."
            * "... the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry."
            * "Anonymity thereby provides a way for a writer who may be personally unpopular to ensure that readers will not prejudge her message simply because they do not like its proponent."
            * "This tradition [of anonymity] is perhaps best exemplified by the secret ballot, the hard won right to vote one's conscience without fear of retaliation."
            * "Of course, the identity of the source is helpful in evaluating ideas. But `the best test of truth is the power of the thought to get itself accepted in the competition of the market` (Abrams v. United States, [250 U.S. 616, 630 (1919) (Holmes, J., dissenting)]). Do not underestimate the common man. People are intelligent enough to evaluate the source of an anonymous writing. They can see it is anonymous. They know it is anonymous. They can evaluate its anonymity along with its message, as long as they are permitted, as they must be, to read that message. And then, once they have done so, it is for them to decide what is `responsible`, what is valuable, and what is truth."

    http://supct.law.cornell.edu/supct/html/93-986.ZO.html

  21. Re:Why is this bad? by schon · · Score: 5, Insightful

    Why should political speech be anonymous?

    Because sometimes it can get you beat up or killed.

    If anonymity is as needless as you claim, why do you have a secret ballot? Why not require everyone to broadcast who they voted for?

  22. Re:I'm not Australian but... by HungryHobo · · Score: 3, Insightful

    Actually I'd say it's an almost perfect example of why anonymous speech is almost harmless and is perfectly fine.
    Hell on slashdot I can't even see it without changing my settings.
    As an anonymous post it holds pretty much zero weight because it cites no sources and doesn't back up it's claims.

    If I say "Bill gates has 6 toes" under the name "John Smith" on the other hand people would be less inclined to pay attention to the fact that I have nothing to back up what I'm saying because hey, it's not anonymous.

  23. Re:I'm not Australian but... by T+Murphy · · Score: 4, Insightful

    There is a trade-off in speaking anonymously. On one hand, people can't lash out at you for your criticism. On the other hand, with no name behind the statement, its credibility has to be taken with an extra grain of salt. Anonymous speech is good for exposing a problem so others who can speak openly can deal with it- others have to verify the anonymous claims before anything is taken too seriously.

    As you point out, it gets problematic when people forget the verify step.

  24. Re:Why is this bad? by Grishnakh · · Score: 3, Insightful

    They're also a good way to keep people from being forced to vote a certain way under threat of violence.