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1

Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.

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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.
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2

Azwardi, Azwardi. "Implikasi Undang-Undang Penyiaran Terhadap Pertumbuhan Lembaga Penyiaran di Propinsi Kepulauan Riau." Journal of Law and Policy Transformation 5, no. 1 (June 26, 2020): 1. http://dx.doi.org/10.37253/jlpt.v5i1.810.

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The growth of broadcasting stations (LP) studied in this thesis is the growth of existing station in Riau Islands Province (Kepri) after officially established of Law Republic of Indonesia Number 32 of 2002 concerning Broadcasting, which in the broadcast legislation looks more leads to liberalism is loaded with privatization that provides opportunities for offenders efforts to expand its business in the broadcasting industry, including in the Kepri. Legal theories used by researchers is a critical legal theory and legal theory flow Critical Legal studies(CLS). This study was conducted to showed that law Broadcasting Act, Article 13 paragraph (1) and (2) has been split into Public Broadcasting Stations (LPP), Private Broadcasting Stations (LPS), Community Broadcasting Stations (LPK) and Subscription Broadcasting Station (LPB). Base to The Indonesian Broadcasting Commission (KPI) of Kepri, the numbers of broadcasting stations listed till 2014 (television and radio services) is 0 LPP, 55 LPS, 23 LPB and 2 LPK. Of these known 69% of the total number of LP in Kepri is LPS. According to critical theory, democracy has influenced the policy direction of the holders of power (broadcasting law) to the interests of capital, and this is in line with the flow of Critical Legal Studies, which states that all regulations set by the government is closely linked to the ideology espoused by the government, so this theory argues that the legal and political (broadcasting legislation) are not in the neutral position. For the current broadcasters to benefit from more focused on improving the public thinks.
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3

Supadiyanto, Supadiyanto. "Regulation Issues of Digital Broadcasting in Job Creation Law." Jurnal ASPIKOM 6, no. 2 (July 25, 2021): 329. http://dx.doi.org/10.24329/aspikom.v6i2.894.

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Broadcast media had become a prospective business. The practice of the broadcast media business had surpassed legislation authority, resulting in currently utilized technology unaccommodated in Law No. 32/2002 on Broadcasting. The release of Law No. 11/2020 on Job Creation to merge existing laws into a simple regulation package did not make the broadcast media industry visionary. How are the current law maps of analog and digital broadcasting in Indonesia? How is the current practice of digital broadcast media business in Indonesia? The type of research is descriptive. This study used a legal positivism approach. The data collecting technique was conducted through literature study and legal study. As for the result, the current analog broadcasting regulation complied with Law No. 32/2002 concerning Broadcasting and Law No. 11/2020 concerning Job Creation. In practice, TV stations that broadcast on digital-internet channels did not possess a formidable legal basis.
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Hitchens, L. P. "Approaches to broadcasting regulation: Australia and United Kingdom compared." Legal Studies 17, no. 01 (March 1997): 40–64. http://dx.doi.org/10.1111/j.1748-121x.1997.tb00659.x.

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Delivering the 1995 Goodman Lecture, David Glencross, the then Chief Executive of the Independent Television Commission (‘ITC’) commented that the Broadcasting Act 1990 did not contain sufficient flexibility to allow the ITC to deal effectively with unforeseen developments such as changing technology and media ownership and control issues. This is an interesting comment on the legislation because the Broadcasting Act 1990 represented a deliberate move towards a rule-based form of regulation away from the flexible, non-specific and discretionary style of the Broadcasting Act 1981 which it replaced. The White Paper which set out the Government's proposals for the new regulatory system emphasised this:‘The ITC would apply lighter, more objective programme requirements. …The ITC would therefore adopt a less heavy handed and discretionary approach than the IBA necessarily does at present’.However, the Government recognised that ‘[a] new enabling framework must be flexible enough to allow for technological change’.
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5

Dzholos, Oleh. "Organizational and Legal Formation of Local Public Audiovisual Media in Ukraine." Scientific notes of the Institute of Journalism, no. 1 (78) (2021): 64. http://dx.doi.org/10.17721/2522-1272.2021.78.5.

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The diversity of media means not only a variety of content and multiplicity of media owners, but also a variety of types of media. Together with the traditional models of public service and private commercial broadcasting, the community media emerged as the “third level” of media development, which contributed to strengthening the freedom of speech. This article examines the organizational and legal aspects of formation of local public audiovisual media in Ukraine, their compliance with the standards and principles of media legislation of European countries, and provides the examples of development of local public broadcasting in the world practice. In addition, the international standards for community broadcasting, on which legislative and regulatory bodies rely, are analyzed. The objective of the study is to analyze, to systematize and to generalize the basic legislative norms for formation of audiovisual media communities in Ukraine as a separate media institution along with public, commercial broadcasting and broadcasting abroad. The bibliographic method was used to study and to analyze the legislative documents. With the help of the systemic method, the community broadcasting as an integral system mass media was considered. The comparative method was used to compare the legislative regulation of activities of media communities, recommended by the Council of Europe and represented in the legislation of Ukraine. The article outlines the main provisions of the draft Law of Ukraine “On Media” No. 2693-d. Comparing the Ukrainian legislative initiatives with the European experience, the suggestions and proposals for improving the financing system and the program policy of community broadcasting in Ukraine are presented.
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6

Mujuzi, Jamil Ddamulira. "Protecting the right to freedom from discrimination in Zambia: Understanding the constitutional and legislative grounds." International Journal of Discrimination and the Law 19, no. 3-4 (September 2019): 155–77. http://dx.doi.org/10.1177/1358229119883099.

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The Constitution of Zambia prohibits discrimination in different articles and the grounds on which a person may not be discriminated against are included in two different constitutional provisions – Article 23(3) and Article 266. Apart from the Constitution, some pieces of legislation prohibit discrimination and provide for grounds against which a person may not be discriminated against which are not provided for in the Constitution. Jurisprudence from Zambian courts has not been consistent on the question of whether the list of the grounds against which a person may not be discriminated against is exhaustive. With the exception of the ground of disability, the Constitution does not define the other grounds on which a person may not be discriminated against. In this article, it is argued, inter alia, that the existence of two constitutional provisions providing for different grounds could create uncertainty among some litigants and judicial officials and that in cases where the Constitution does not define the grounds of discrimination, courts could resort to relevant case law, legislation or dictionaries to define such grounds.
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7

Mubanga, Raphael O., and Kwaku Kwarteng. "A comparative evaluation of the environmental impact assessment legislation of South Africa and Zambia." Environmental Impact Assessment Review 83 (July 2020): 106401. http://dx.doi.org/10.1016/j.eiar.2020.106401.

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8

Stevens, Joanna. "Colonial relics I: the requirement of a permit to hold a peaceful assembly." Journal of African Law 41, no. 1 (1997): 118–33. http://dx.doi.org/10.1017/s0021855300010020.

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In November 1993, in the case of NPP v. Inspector-General of Police, Archer, CJ., in striking down Ghanaian legislation providing for the licensing of peaceful assemblies, stated rhetorically:“… police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century. …Those who introduced police permits in this country do not require police permits in their own country to hold public meetings and processions. Why should we require them?”Over the last three years, possible justifications for the retention of laws requiring that a permit be obtained prior to holding a peaceful assembly have been examined and rejected by the courts of Zimbabwe, Tanzania and Zambia as well as Ghana. In all four jurisdictions such laws were struck down as unconstitutional as being contrary to the fundamental right to freedom of assembly and, additionally, in Zimbabwe, Tanzania and Zambia, the right to freedom of expression. This article assesses the interpretation by the courts of the relevant limitation clauses under the respective constitutions and raises the question of why, within the space of 12 months, courts in West, Southern and East Africa, although unaware of each other's decisions, reached the same conclusion on a law which had been present on the statute books since colonial times. It is suggested that these series of cases signify a turning point in the development of constitutional law in Commonwealth Africa with respect to civil rights.
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9

Tania, Neysa, and Rio Kurniawan. "The Urgency of Amendment to Law Number 32 of 2002 concerning Broadcasting as the Legal Umbrella for OTT Services." Constitutionale 1, no. 2 (December 27, 2020): 107. http://dx.doi.org/10.25041/constitutionale.v1i2.2125.

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Digitalization is a global phenomenon that has an impact on changing social conditions. The Broadcasting Bill itself is canceled to be a priority in the 2020 Priority National Legislation Program even though there is a lot of material contained in the law itself needs to be updated immediately according to the times. Therefore, the function of conducting this research is to seek answers in terms of legal certainty regarding the development of legal relations with technological developments in the era of digitalization and constitutional interpretation in the digitalization era that supports sustainable economic development and is in accordance with the Indonesian national identity. This study uses a quantitative juridical analysis method, which is in the form of in-depth research on legal materials and data as usual as normative law. Furthermore, the results of the analysis will be linked to the problems in this study to produce an objective assessment to answer the problems in the research. The results of the research show that the OTT services cannot be in the scope of Law Number 32 of 2002 concerning Broadcasting, therefore the Constitutional Court must play a strategic role in carrying out rapid and precise reforms so that statutory norms can be consistent with the development of society, especially due to developments. Digital technology. The most ideal and relevant constitutional interpretation of the Judicial Review case against this law would be: Consensualism, Prudential and Futuristic with an emphasis on legal certainty for Over the Top (OTT) services and on socio-economic impacts significant impact on the general welfare. It is necessary to revise the Broadcasting Law with the intention of maintaining national integration to establish a national broadcasting system that guarantees the creation of a just, equitable, and balanced national information order in order to realize social justice for all Indonesian people.
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10

Halyna, Ulianova, Nataliia Baadzhy, Oleksii Podoliev, Denys Vlasiuk, and Hanna Chumachenko. "Protection of Intellectual Property Rights in the Field of Television and the Internet. The Notion of Teleformat." Ius Humani. Law Journal 10, no. 1 (January 8, 2021): 1–25. http://dx.doi.org/10.31207/ih.v10i1.264.

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The article is devoted to the main issues of protection of intellectual property rights in the field of television and the internet, related to the spread of piracy in the field of copyright and related rights, and to the unlicensed copying of television broadcasts. Moreover, there is an emphasis on the exacerbation of existing problems in the context of the Covid-19 pandemic and how this affected the industry. This research considers international and national legislation in the field of intellectual law, international experience of various countries, approaches to theory, and problems of implementing existing measures, in order to propose some options for optimizing existing mechanisms. The research methodology use the following methods: formal-legal, historical-legal, comparative analysis, and modeling. The main issues under consideration are the following ones: international broadcasting regulation, the problem of uniform terminology, and prospects for the legal regulation of copyright in television broadcasting. The authors defend the uncompromising protection of intellectual property, highlighting the lack of basic definitions, to propose their own definitions, in order to avoid the weak copyright protection of television broadcasting organizations.
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11

Dupagne, Michel. "Regulation of Sexually Explicit Videotex Services in France." Journalism Quarterly 71, no. 1 (March 1994): 121–34. http://dx.doi.org/10.1177/107769909407100112.

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In the mid 1980s, concern arose over the rise of sexually explicit services on the French videotex system. In examining the legal implications of these messageries roses, this article reviews how French courts applied criminal law to penalize providers of allegedly pornographic message services. Although the Tribunal correctionnel de Paris relied on statutory law to resolve the Néron case, it refused to extend existing print and audiovisual media laws to cover videotex, based on a judicial precedent against the applicability of press legislation to broadcasting. In July 1991, the Court of Appeals of Amiens condemned three messagerie rose managers as accomplices of users who had produced pornographic announcements because they had intentionally permitted these actions to occur by providing users the means to publicize messages encouraging debauchery.
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12

Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 93–98. http://dx.doi.org/10.12737/article_598063fae98166.23072693.

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The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.
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NAPOLITANO, Carlo José, Flávia Piva Almeida LEITE, and Felipe De Oliveira MATEUS. "DA RADIODIFUSÃO PARA O AUDIOVISUAL: CONTRIBUIÇÕES PARA A DEFINIÇÃO DE UM CONCEITO ABRANGENTE EM TEMPOS DE CONVERGÊNCIA MIDIÁTICA." Revista Juridica 2, no. 59 (April 12, 2020): 234. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i59.4089.

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RESUMO Objetivo: Indicar contribuições teóricas de documentos jurídicos e do campo comunicacional, nacionais e estrangeiros, para a superação do conceito de radiodifusão e sua ampliação para o conceito de audiovisual em um ambiente de convergência midiática. Metodologia: O presente trabalho lastreado em pesquisa bibliográfica e documental utiliza-se de método analítico-sistemático dedutivo objetivando demonstrar as questões e apontar as contribuições teóricas, jurídicas e do campo comunicacional, e de documentos nacionais e estrangeiros acerca da temática. Resultados: A teoria e a legislação portuguesa, acrescidas das diretivas europeias sobre o audiovisual, podem contribuir para a definição de um conceito mais amplo de radiodifusão na legislação brasileira, ampliando-se o conceito para além do espectro eletromagnético, abarcando todo e qualquer serviço de comunicação social audiovisual, independente do suporte tecnológico. Contribuições: Uma definição e clarificação conceitual, necessária em tempos de convergência midiática e internacionalização dos mercados; fatos que impactam a regulação local, alterando a configuração do direito interno, em regra e historicamente pautado pelos aspectos arquitetônicos e estruturais de limitação do espectro eletromagnético, que caminha para uma regulação voltada ao conteúdo. Palavras-chave: Constituição; televisão; radiodifusão; convergência midiática; comunicação social. ABSTRACT Objective: To indicate theoretical contributions of legal documents and of the communication field, national and foreign, to overcome the concept of broadcasting and its expansion to the concept of audiovisual in an environment of media convergence. Methodology: The present paper backed by bibliographic and documentary research uses a deductive analytical-systematic method in order to demonstrate the issues and point out the theoretical, legal and communicational contributions, and of national and foreign documents on the subject.Results: The theory and Portuguese legislation, in addition to the European directives on audiovisual, can contribute to the definition of a broader concept of broadcasting in Brazilian legislation, expanding the concept beyond the electromagnetic spectrum, encompassing any and all broadcasting services, audiovisual media, regardless of technological support. Contributions: A definition and a conceptual clarification, necessary in times of media convergence and internationalization of markets; facts that impact local regulation, changing the configuration of domestic law, as a rule and historically guided by architectural and structural aspects of limitation of the electromagnetic spectrum, which moves towards regulation geared to content. Keywords: Constitution; television; broadcasting; media convergence; social communication.
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Nugroho, Puji. "PERILAKU MASYARAKAT & ETIKA MEDIA DALAM TAYANGAN INFOTAINMENT DI TELEVISI." Interaksi: Jurnal Ilmu Komunikasi 6, no. 1 (December 28, 2017): 120. http://dx.doi.org/10.14710/interaksi.6.1.120-131.

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ABSTRACTThe proliferation of infotainment shows on television media for current decades is considered quite disturbing for broadcasting stakeholders in this country. The mass media through its four functions should be able to perform these functions in sequence and the four should run proporsonally, either the functions of educating, providing information, entertaining and influencing. But along with the disowning of conscience by media owners who are very oriented to the political economic of the liberal media, the main purpose of broadcasting is merely pursuing for ratings to be able to reap a lot of advertisements, with the reason people as the owner of the sovereign broadcasting like it. The orientation of media owners through infotainment shows that sold well consumed by society, on one hand, potentially damage the morality of the society into an opportunistic, apathy and hedonist nation. The situation of upheaval domestic political is also considered to foster infotainment shows in the midst of people's worries about the increasingly uncertain political situation, especially the corruption news that has filled the labyrinth of society, more saturated, so that people seek entertainment on television through infotainment shows.The lack of favor towards the conscience and the morality of society, thereby crashing into the corridor of mass media function, encourages media owners to tend to display something of added value in society, by denying the educational function, providing useful information and influencing the society with more cosmopolitan thinking. This is the serious problem faced by this nation, and has not obtained law enforcement as regulated in legislation. In this case, the Indonesian Broadcasting Commission which has repeatedly reprimanded and gave strong warnings against television stations that broadcast infotainment shows inappropriately, merely to rebuke and commemorate, without being able to bring it into the realm of justice. The inherent strength of capital accompanied by the social political power of the media owners, have made all violations and crimes in the mass media unfolded without ever being touched by the law. Keywords: People behavior, media ethics and infotainment shows on television
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Wirya Darma, I. Made. "The Penal Policy Formulation in Cyberporn Crime Countermeasures." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 10, no. 1 (April 9, 2021): 26. http://dx.doi.org/10.24843/jmhu.2021.v10.i01.p03.

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Criminal law reform must refer to the penal policy. The penal policy can be interpreted as holding a selection to achieve the best results of criminal legislation that meets the requirements of justice and effectiveness. Penal policy in the eradication of cyberporn is always associated with the advancement of technology that can not be separated from the development of the society that utilizes internet technology in various fields both in the fields of education, offices, and companies and so on. Through crime countermeasures policies using penal means, the existence of a law is obviously expected to further enhance the repressive function of criminal law. One of the efforts to tackle cyberporn crimes through the penal means is to apply the provisions of applicable laws such as the Criminal Code, Law Number 40 of 1999 concerning the Press, Law Number 32 of 2002 concerning Broadcasting, Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 33 of 2009 concerning Film. However, apparently, the law still has limitations to compensate for the increasingly rapid development of cyberporn, including the provision of unclear pornographic restrictions. Therefore it is necessary to have a revision in Indonesian criminal law, especially against the Criminal Code which is a product of the legacy of the Dutch colonial era.
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Liesching, Marc, and Christoph J. M. Safferling. "Protection of Juveniles in Germany – A Report on the New Legislation." German Law Journal 4, no. 6 (June 1, 2003): 541–57. http://dx.doi.org/10.1017/s2071832200016217.

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In April, 2002, a 19 year-old pupil ran amok in a high school in Erfurt, killing several teachers and fellow pupils. The young man was reported to have played computer games, in particular games known as “ego-shooter,” quite excessively. These tragic events fueled the plans of the German government and the Federal states to reform the law for the protection of children and young persons. The legislative machinery issued new legislation at a rather impressive pace. Only one year after the tragedy in Erfurt, on 1 April 2003, two major legal documents entered into force: the Jugendschutzgesetz (JuSchG – Juvenile Protection Act) of the Federal government and the Jugendmedienschutz-Staatsvertrag (JMStV – Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media). This complicated two-fold structure stems from the federal nature of the German state where the competence to legislate is divided between the Federal Government and the individual Laender (Federal States). The latter, in order to achieve uniformity among themselves and reaching the breadth of the Germany territory, must cooperate and legislate in the form of an interstate agreement. The JuSchG regulates mainly the protection of juveniles in the public and limits the distribution of items, which have been determined to be dangerous, like printed material, videos, DVDs or CD-Roms. In contrast thereto the JMStV pertains to the protection of juveniles in the radio broadcasting industry and in the so called “Telemedia,” in particular the internet. In the following, we will give a short overview of the developments wrought by these new laws.
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Jagodic, Tone, and Zlatko Mateša. "Some aspects of legal regulation of sports marketing." Zbornik radova Pravnog fakulteta u Splitu 58, no. 1 (February 9, 2021): 1–14. http://dx.doi.org/10.31141/zrpfs.2021.58.139.1.

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There are different marketing activities generating money for sport subjects depending on their properties which are offered for commercial exploitation. Marketing consists of different tools and ways how to generate money for sport such as selling of broadcasting (TV) and media rights, sponsorship, merchandising, licensing, ticketing, charities, donations, patronages. From the legal point of view, it is interesting to explore how different marketing tools are regulated. Certain parts of marketing matters are covered by legal rules. In 2011 Commission on Marketing and Advertising of the International Chamber of Commerce (ICC) issued the latest version of the ICC International Advertising and Marketing Communication Code. The document applies to different forms of sponsorship relating to corporate image, brands, products, activities or events of any kind. It includes sponsorship by both commercial and non-commercial organizations. The basic connection represents association between sports property and sponsor brand as a tool how to transfer image of the sport to the sponsor. The nature of the Code implies good governance in the field of sponsorship. Special attention deserves the principle of respecting the sponsorship property. The Code represents a useful opportunity for companies, business, associations, courts of law, public authorities, self regulatory bodies on national and international level and other institutions which are supposed to solve disputes in sponsorship cases. European Union law together with national legislation of EU members have set up rules for advertising sector of TV broadcast. Television without Frontiers Broadcasting Directive consists with the detailed time and other limitations for different situations. As EU directive does not regulate visual coverage of sponsor logos and other insignia visible during sport competition on TV that means that sponsors and other subjects do not need to respect rules of the directive. In the absence of formal legislation on national and international level the ICC Code represent a very useful tool to handle sponsorship agreements and possible disputes which could arise from them. The Code is designed primarily as an instrument for self-discipline. On the other hand it is also intended for use as an interpretative aid for the parties in the clarification of uncertainties arising under the sponsorship, as well as a reference for courts or arbitrators in sponsorship disputes.
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Cresswell, Jenny A., Onikepe O. Owolabi, Nachela Chelwa, Mardieh L. Dennis, Sabine Gabrysch, Bellington Vwalika, Mike Mbizvo, Veronique Filippi, and Oona M. R. Campbell. "Does supportive legislation guarantee access to pregnancy termination and postabortion care services? Findings from a facility census in Central Province, Zambia." BMJ Global Health 3, no. 4 (September 2018): e000897. http://dx.doi.org/10.1136/bmjgh-2018-000897.

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IntroductionZambia is one of the few countries in Africa to permit termination of pregnancy (TOP) on a wide range of grounds. However, substantial barriers remain to TOP and postabortion care (PAC).MethodsWe conducted a census of 153 facilities between March and May 2016. We defined facilities according to whether they met basic and/or comprehensive signal functions criteria for TOP and PAC. We linked our facility data to census data to estimate geographic accessibility under different policy scenarios.ResultsOverall, 16% of facilities reported they had performed a TOP and 39% performed a PAC in the last year. Facilities were twice as likely to use medical methods for TOP compared with surgical methods, and four times more likely for PAC. Considerably more facilities had performed TOP or PAC than met the basic or comprehensive signal functions criteria, indicating services were being performed in facilities below essential quality standards. Under current Zambian law for non-emergency scenarios, 21% of women in Central Province lived within 15 km of a facility with basic capability to provide TOP; if midlevel providers were trained to provide TOP, this would increase to 36%.ConclusionA supportive legislative framework is essential, but not in itself sufficient, for adequate access to services. Training midlevel providers, in line with WHO guidance, and ensuring equipment is available in primary care can increase accessibility of TOP and PAC. While both medical and surgical methods need to be available, medical abortion is a safe and effective method that can be provided in low-resource settings.
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Kadyrova, Shuanat N., and Alexander Fomin. "Draft law “On Media” No. 2693: new restrictions of freedom of media in Ukraine." RUDN Journal of Studies in Literature and Journalism 25, no. 4 (December 15, 2020): 775–86. http://dx.doi.org/10.22363/2312-9220-2020-25-4-775-786.

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The analysis of the draft law On Media No. 2693, submitted for consideration by the Verkhovna Rada of Ukraine in December 2019. The official reason for its development was the lack of working mechanisms to ensure information security and protection of the national media space of Ukraine in a hybrid war. The main task of our study is an attempt to determine the place of the bill in the reformed system of legal regulation of the media in Ukraine, from a position neutral to the process of the scientific community. (The following draft law On Misinformation, which is also under consideration by the Verkhovna Rada, speaks in favor of a systematic policy of reforms in the media sector of Ukraine). To this end, a detailed content analysis was conducted, which showed that the potentially ambiguous wording of the adopted document at the stage of its enforcement leaves the regulatory authorities free to interpret them depending on the interests of the parties, rather than on the letter of the law. The key to understanding the risks associated with its entry into force is the section on the National Television and Radio Broadcasting Council of Ukraine, which will have jurisdiction over all aspects of the country's media structures, including economic ones. Thus, the proposed material may be of interest and be considered as a contribution to the development of criteria for a comprehensive scientific analysis of the legislation governing media structures, while the need for the participation of the scientific community in the development of such documents and public discussion at the stage of their preparation is obvious.
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Kondrashchenko, Daria A. "Constitutional legal regulation of the use of information technologies in the electoral process of the Russian Federation: Problems and prospects for development." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (May 25, 2021): 215–22. http://dx.doi.org/10.18500/1994-2540-2021-21-2-215-222.

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Introduction. Currently, information technologies occupy an important place in the life of every person and they are actively used in all spheres of the life of society and the state. The electoral process is one of the spheres of active use of the latest information technologies. Thus, in the elections and referenda Russia regularly uses electronic devices for voting, vote counting and data transfer within the system of election commissions, as well as means of video surveillance and broadcasting of images in the premises for voting. Theoretical analysis. Analyzing the legal basis for the use of information technologies in the electoral process of the Russian Federation, it should be noted that the importance of these technologies is emphasized in the latest edition of the Constitution of the Russian Federation. The electoral legislation of the Russian Federation is very large-scale and, in addition to the basic Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, the organizational and legal features of the use of information technologies are regulated by a number of legal acts. Empirical analysis. Considering the fact that information technologies have been used in various forms in the Russian electoral process for a long time, their significant technical changes should be emphasized. The analysis of the various aspects of the use of these technologies has allowed to allocate their advantages and disadvantages. Results. The author identified the problems of legal regulation of stationary and remote electronic voting and also the problems of using video surveillance and image broadcasting, including on the Internet. The author also stresses the need to systematize the existing rules and fill existing legal gaps and, therefore, the proposals on regulation of the organizational and legal features of the use of these technologies in the Federal Law “On electronic voting in the Russian Federation”.
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Łukasik-Turecka, Agnieszka. "Communication in the Referendum Campaign as Exemplified by Free Broadcasts of the Entitled Entities on Polish Radio Lublin." Mediatization Studies 1, no. 1 (November 13, 2017): 83. http://dx.doi.org/10.17951/ms.2017.1.83.

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<p><span lang="EN-US">The present article seeks to answer the question whether the fact that during the referendum campaign in 2015 the entitled entities had the opportunity to utilize free broadcast time in order to promote their activity affected the dominance of such content over the content concerning the issues raised in the referendum questions.</span><span lang="EN-US">Information on politics is obtained mainly from the media; the mediatization of politics is also allowed by Polish legislation, which provides for the opportunity to use free broadcasts on public media inter alia during referendum campaigns by entitled political entities. However, the possibility of using the free broadcasting time for the purposes other than stipulated in the law was not provided for.</span><span lang="EN-US">The research material was the free referendum broadcasts of the entitled entities, aired by Radio Lublin S.A., the method applied being the content analysis (quantitative and qualitative)</span><span lang="EN-US">.</span><span lang="EN-US">The main hypothesis, which assumed that the entitled entities used the allocated air time to promote themselves, inter alia through popularizing their names in the public space at the expense of the issues raised in the referendum questions, was positively verified as a result of research.</span></p>
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OLABIYI, OLANIYI JOSHUA OLABIYI. "Mr A preliminary comparative perspective on the role of multinational enterprises in influencing labour relations of their host nation." Advances in Social Sciences Research Journal 6, no. 12 (January 2, 2020): 298–318. http://dx.doi.org/10.14738/assrj.612.6980.

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This paper examines the operations of multinational enterprises (MNEs) in so far as they are able to influence the public and labour relations policy and law of their host nation with a special attention on African nations. It is to be expected that MNEs would already be comfortable with the mechanisms in place for the resolution of labour-related or commercial disputes in their country of origin. The question then that arises is: If confronted with an employment relations situation in their host nation, would the MNE attempt to circumvent or adapt the process to suit what they are already familiar with? This could pose a challenge for the practice of international labour law. Literature (Briscoe, Schuler & Tarique, 2012; Eweje, 2009; Iyanda & Bello, 1979; Onimode, 1978) already alludes to the fact that MNEs tend to take the ‘line of least resistance’ if confronted with ‘higher’ labour standards. A comparative exploratory analysis was undertaken. The paper identified MNEs in selected African countries – Nigeria, South Africa, and Zambia – that have been reported to have had a challenge in dealing with labour-related or commercial standards of their host nation. The selected MNEs had been reported in the news media for having had a ‘run in’ with their host nation on, at least, a labour - or commercial law-related matter. The principal legislation governing labour relations in these countries are, in some cases, briefly highlighted to underscore the extent of their breach or disregard by the examined MNEs. Furthermore, a qualitative, thematic analysis of selected reported cases involving these MNEs were undertaken to highlight evidences (or instances) of attempts, if any, by the MNEs to circumvent the commercial, fiscal or labour standards of the host nation. Finally, it is hoped that the result of the above analyses would inform the possibility of proposing a framework for MNEs compliance with the labour standards of their host nation.
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Boiko, O. V. "TRIAL PUBLICITY AS A SECURITY OF THE RIGHT TO A FAIR TRIAL." Actual problems of native jurisprudence 1, no. 1 (March 11, 2021): 105–10. http://dx.doi.org/10.15421/392123.

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This article analyzes the criminal procedural legislation, the practice of the European Court of Human Rights, scientific approaches to determining the structure and characteristics of the criminal trial publicity as a separate element of the right to a fair trial. It is determined that requirement for a public trial includes the following aspects: open trial; oral court debates during the trial; open, public proclamation and publication of judgments. It is proved that the public nature of the trial is a fundamental principle of the court proceeding ensuring the fairness of the adopted judgment. Due to publicity, the justice and the trial gain legitimacy. During the public hearing of the case, the parties or stakeholders, as well as any third parties shall have access to the courtroom. The trial openness can be ensured by broadcasting the hearing or holding the photo and video shooting, as well as audio recording. It is determined that during the case consideration in the trial court the oral proceedings are mandatory, except in certain cases stipulated by law and justified by the circumstances of the case. Proceedings to challenge the judgments in appellate or cassation courts, which provide for consideration of the matter of law (and not the matter of fact) only, may be conducted without hearing the parties to the trial, provided that a public oral hearing of the case was held in the trial court. It is justified that the purpose of a public judgment proclamation is to ensure public control over the judiciary branch of power. When determining the form of the judgment promulgation, not a formal but an essential approach should be taken as the basis. In addition to oral public announcement of a judgment, the other methods of its promulgation allow achieving the goal. In Ukraine, the judgments are announced in court and published in the Unified State Registry of Judgments. There may be exceptions to the general publicity requirement stipulated by law and justified by specific circumstances of the case (categories of cases or peculiarities of the parties).
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Byś, Jelena. "Problemy wynikające z wejścia w życie ustawy RRFSR "O wolności wyznań" z dnia 25 października 1990 roku." Prawo Kanoniczne 49, no. 3-4 (December 20, 2006): 183–209. http://dx.doi.org/10.21697/pk.2006.49.3-4.08.

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Putting into effect a new law of the RSFSR ON FREEDOM OF RELIGION of October 25, 1990 caused many problems in public life and in life of religious communities in particular. This article introduces some of them, which became a subject of discussion. They are: interreligious equality, legislative acts concerning ownership of religious associations, access of religious associations to media and alternative military service. Formally the law of the RSFSR ON FREEDOM OF RELIGION of October 25, 1990 guarantees interreligious equality but in reality this principle is not respected. It has not been put into practice on the full scale and agreement in this sphere meets many obstacles or may be even impossible. A dislike of the Russian Orthodox Church for the Catholic Church increasing with ages is difficult to change. Catholicism is treated according to 19th century classification that means as a foreign and tolerated religion. However, the effect of the executive power activity as for tax exemption of religious associations was positive. Religious associations and their enterprises got right to provide their religious activity according to their statute benefiting from tax relieves and tax exemption. The things with restitution look worse. Though the law founds a basis for quick restitution of at least a part of seized property of religious associations reality appears to be different. Recognition of the priority of the Orthodox Church by the government and local authorities entails great privileges for it at the expense of other religious associations also as for restitution of cult erections, buildings and grounds that used to be their property. Right of religious associations for free access to media and founding their own ones though is guaranteed by the law in reality also meets with many difficulties. Having given such a right authorities prevent from exercising it. It results from over commercialisation of media and general reluctance, which consists in unnecessary complicating of formalities. But in spite of the difficulties the scale of broadcasting of religious media is constantly widening. The problem of alternative military service is still open in the Russian Federation. Legacy of long-term political up bringing do not let solve an increasing amount of problems in the army. A law on alternative military service would be a wise compromise between duty and legislation. Such a law would be able to lessen the tension in society and to protect rights of young citizens.
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Zhukova, Maria M. "Legal Deposit Copy of Audio-visual Documents: A Perfect Stranger?" Bibliotekovedenie [Library and Information Science (Russia)] 68, no. 4 (August 27, 2019): 343–53. http://dx.doi.org/10.25281/0869-608x-2019-68-4-343-353.

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In Russia, the definition of “Legal Deposit Copy” (LDC) applies not only to printed and electronic publications, but also to audio-visual documents (movies, replicable sound and video products, photographs, copies of television and radio programs); however, researchers usually focus on the printed editions. The aim of the article is to study the legal aspects and acquisition practices of the formation of LDC complex of audio-visual documents as part of the National library-information collection of documents and the Archival Collection of the Russian Federation. The author analyses the current state of Russian legislation on legal deposit system and archiving in the Russian Federation in relations to audio-visual documents and topical issues of its improvement. For the first time, the author reveals the history of using the term of “legal deposit copy” towards audio-visual documents. The practical consequences of the inclusion of State archives in the system of institutions — recipients of the LDC were the confusion of the concepts of “National library-information collection of documents” and “Archival Collection of the Russian Federation”, the rejection of the examination of the value of incoming documents and transformation of archives into media libraries. There is still no system in place of regularly informing users on the received LDC of audio-visual documents (as opposed to printed publications). Institutions-recipients, such as the All-Russian State Television and Radio Broadcasting Company, do not provide access to LDC as part of the national library-information collection, as required by law. The author revealed the shortcomings of the existing acquisition system of institutions with the LDC of TV and radio programs and replicated audio and video products. As a result, the author concludes that audio-visual documents are still a perfect stranger in the national legal deposit system of documents.
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Burdiak, Vira. "The Impact of European Integration Development on Media Transformation in the Republic of Bulgaria." Mediaforum : Analytics, Forecasts, Information Management, no. 7 (December 23, 2019): 47–62. http://dx.doi.org/10.31861/mediaforum.2019.7.47-62.

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The article analyzes the current state of the mass media of the Republic of Bulgaria and the changes that have taken place in this area during the period of preparation and membership of the state in the European Union. The author emphasizes that in the process of European integration, the media played a key role, reflecting all social processes, the impact of European integration on the social and political life of the country in particular. The democratization of the society has contributed to a major transformation of the media system and methods of its management. The state was able to synchronize its media legislation with European norms and standards, which has created a positive dynamics of development in the media market, especially in the segment of TV and radio broadcasting. The process of Bulgaria’s preparation and accession to the EU has had a positive impact on the country’s media policy and media law. Currently, the main priority of Bulgaria’s foreign policy is the process of European integration and the media play a direct role in it. Joining the EU has allowed Bulgaria to achieve greater internal stability; use opportunities for the development of democratic institutions, including the media system. The Republic of Bulgaria has not yet reached the standards of the European information policy in the field of ethnic issues, but after joining the EU there are tangible positive changes in the improvement of this sphere. Commercial media have appeared in Bulgaria, which dissociated themselves from the state, changed their profile, looking for their audience. Due to the concentration of media ownership and increased investment in the media market of Bulgaria, the competition between commercial media has grown and there is now a tendency to commercialize media content. This has led to the spreading of a hybrid model of the press and its tautological audiovisual production. “Classical” censorship gave way to property censorship, which significantly limited the variety of media content and formats. A significant drawback at the level of the media system is the weak regulatory support for the transition to digital distribution of information.
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Zulu, Paul, Mpho Ngoepe, and Nampombe Saurombe. "Implications of Legislation on the Provision of National and Public Library Services in Zambia." Mousaion: South African Journal of Information Studies 35, no. 4 (August 20, 2018). http://dx.doi.org/10.25159/0027-2639/2863.

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Currently (2017), there is no single institution designated as a national library in Zambia. Although national library services are provided by some institutions, there is no legislation to support them. Efforts to foster the enactment of library legislation since 1976 have not resulted into this law being passed. This study measured the correlation between the lack of legislation and the provision of national library services in Zambia. The study comprised a cross-sectional survey to collect quantitative data through questionnaires administered to public library staff, interviews with senior government officials, executive members of the Library and Information Association of Zambia and the Zambia Library Consortium, and a document analysis on text from grey literature. The results of the survey revealed that enactment of library legislation in Zambia could help establish a national library and increase government funding to existing library services and facilities. It is recommended that the Library and Information Association of Zambia, the Zambia Library Consortium, and the Zambia Library Service relentlessly collaborate to push for the immediate enactment of the library bill.
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Ngoma, Dumisani J. "Combating workplace discrimination on the basis of HIV status through disability law in Zambia." International Journal of Discrimination and the Law, September 20, 2021, 135822912110434. http://dx.doi.org/10.1177/13582291211043416.

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Zambia has within the last two decades enacted several pieces of legislation aimed at enhancing equality in the labour market and the workplace. However, despite being one of the countries that has been severely devastated by the HIV/AIDS pandemic, Zambia does not yet have specific legislation targeted at HIV-related stigma and discrimination in the labour market and workplace. Apart from the general prohibitions against discrimination on the basis of health or social status, it remains to be seen whether concepts such as reasonable accommodation have a place in the fight against discrimination and stigma of HIV/AIDS in the Zambian workplace. The purpose of this article is not to argue for the enactment of HIV/AIDS specific legislation in Zambia but to instead argue that despite the absence of such legislation, HIV/AIDS discrimination and stigma can be addressed within the context of the Country’s existing disability discrimination law. The arguments advanced in this article are considered largely within the context of the Zambian High Court case of Stanley Kingaipe & Another v The Attorney General.
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Yakoob, Aadelah Shaik. "IN LIGHT OF ‘NKANDLA’, WHAT IS THE ROLE OF THE PUBLIC PROTECTOR IN UPHOLDING THE RULE OF LAW IN SOUTH AFRICA?" Pretoria Student Law Review, no. 10 (2016). http://dx.doi.org/10.29053/pslr.v10i.1966.

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The focus of this article will be to ascertain what role, if any, the Public Protector plays in achieving and upholding the rule of law as envisaged in section 1(c) of the Constitution. In doing so, I will assess the powers of the Public Protector as envisaged by the Constitution and supporting legislation and analyse the effect of recommendations made by the Public Protector. I will then offer a discussion on certain shortfalls within the legislation that have become a hindrance to the Public Protector achieving her mandate in practice. I will, further, highlight the importance of the powers of the Public Protector as an avenue to achieving the rule of law, and, offer an analysis of the judgments in South African Broadcasting Commission v Democratic Alliance and Economic Freedom Fighters v Speaker of the National Assembly. I will, finally, conclude by discussing possible solutions to the challenges faced by the Public Protector in practice and offer a summary of my views.
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Bol, Jennifer. "Spinning a Legal Web: The Impact of the Internet on Canadian Law." Canadian Journal of Communication 27, no. 4 (April 1, 2002). http://dx.doi.org/10.22230/cjc.2002v27n4a1319.

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Abstract: Much of the discussion about the Internet's impact on the law focuses on issues of jurisdiction and enforcement. This paper suggests that the rise of the Internet is also having a profound impact on the content and scope of existing laws, as well as creating impetus for the development of policy and legislation on new issues. This paper briefly discusses three distinct areas of law - child pornography, privacy, and broadcasting - that have been affected by the Internet in separate ways. Résumé : La plupart des discussions portant sur comment Internet influe sur la loi ont trait aux questions de sa juridiction et sa mise en application. Cet article signale que la croissance d'Internet est aussi en train d'avoir un impact prononcé sur le contenu et l'étendue de lois existantes, tout en donnant une impulsion au développement de politiques et de législations sur de nouvelles questions. Cet article traite brièvement de trois domaines de la loi - la pornographie juvénile, le droit à la vie privée et la radiodiffusion - qu'Internet a modifiés de manières différentes.
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Puppis, Manuel. "Between independence and autonomous adaptation: The Europeanization of television regulation in non-EU member states." Communications 37, no. 4 (January 1, 2012). http://dx.doi.org/10.1515/commun-2012-0022.

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AbstractTelevision regulation is increasingly Europeanized. While the transposition of community law into national legislation in EU member states has been widely discussed, scholarly attention is less frequently devoted to the Europeanization of non-member states. This paper investigates how television regulation in non-EU members has been influenced by European audiovisual policy since the liberalization of broadcasting. Focusing on the case of Switzerland and putting it into a wider context, changes in television regulation and their connection to the European level were analyzed by performing a qualitative document analysis. Results indicate that the degree of Europeanization in Switzerland differs remarkably from other non-member states like Norway. While advertising regulation was brought in line with less-strict EU directives, a public value test or compliance with state aid rules were not even discussed. Yet similar to other non-members, rules were adopted without having a say in their development.
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Chen, Peter. "Community without Flesh." M/C Journal 2, no. 3 (May 1, 1999). http://dx.doi.org/10.5204/mcj.1750.

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On Wednesday 21 April the Minister for Communications, Information Technology and the Arts introduced a piece of legislation into the Australian Senate to regulate the way Australians use the Internet. This legislation is presented within Australia's existing system of content regulation, a scheme that the Minister describes is not censorship, but merely regulation (Alston 55). Underlying Senator Alston's rhetoric about the protection of children from snuff film makers, paedophiles, drug pushers and other criminals, this long anticipated bill is aimed at reducing the amount of pornographic materials available via computer networks, a censorship regime in an age when regulation and classification are the words we prefer to use when society draws the line under material we want to see, but dare not allow ourselves access to. Regardless of any noble aspirations expressed by free-speech organisations such as Electronic Frontiers Australia relating to the defence of personal liberty and freedom of expression, this legislation is about porn. Under the Bill, Australia would proscribe our citizens from accessing: explicit depictions of sexual acts between consenting adults; mild non-violent fetishes; depictions of sexual violence, coercion or non-consent of any kind; depictions of child sexual abuse, bestiality, sexual acts accompanied by offensive fetishes, or exploitative incest fantasies; unduly detailed and/or relished acts of extreme violence or cruelty; explicit or unjustifiable depictions of sexual violence against non-consenting persons; and detailed instruction or encouragement in matters of crime or violence or the abuse of proscribed drugs. (OFLC) The Australian public, as a whole, favour the availability of sexually explicit materials in some form, with OFLC data indicating a relatively high degree of public support for X rated videos, the "high end" of the porn market (Paterson et al.). In Australia strict regulation of X rated materials in conventional media has resulted in a larger illegal market for these materials than the legalised sex industries of the ACT and Northern Territory (while 1.2 million X rated videos are legally sold out of the territories, 2 million are sold illegally in other jurisdictions, according to Patten). In Australia, censorship of media content has traditionally been based on the principles of the protection of society from moral harm and individual degradation, with specific emphasis on the protection of innocents from material they are not old enough for, or mentally capable of dealing with (Joint Select Committee on Video Material). Even when governments distanced themselves from direct personal censorship (such as Don Chipp's approach to the censorship of films and books in the late 1960s and early 1970s) and shifted the rationale behind censorship from prohibition to classification, the publicly stated aims of these decisions have been the support of existing community standards, rather than the imposition of strict legalistic moral values upon an unwilling society. In the debates surrounding censorship, and especially the level of censorship applied (rather than censorship as a whole), the question "what is the community we are talking about here?" has been a recurring theme. The standards that are applied to the regulation of media content, both online and off, are often the focus of community debate (a pluralistic community that obviously lacks "standards" by definition of the word). In essence the problem of maintaining a single set of moral and ethical values for the treatment of media content is a true political dilemma: a problem that lacks any form of solution acceptable to all participants. Since the introduction of the Internet as a "mass" medium (or more appropriately, a "popular" one), government indecision about how best to treat this new technology has precluded any form or content regulation other than the ad hoc use of existing non-technologically specific law to deal with areas of criminal or legally sanctionable intent (such as the use of copyright law, or the powers under the Crimes Act relating to the improper use of telecommunications services). However, indecision in political life is often associated with political weakness, and in the face of pressure to act decisively (motivated again by "community concern"), the Federal government has decided to extend the role of the Australian Broadcasting Authority to regulate and impose a censorship regime on Australian access of morally harmful materials. It is important to note the government's intention to censor access, rather than content of the Internet. While material hosted in Australia (ignoring, of course, the "cyberspace" definitions of non-territorial existence of information stored in networks) will be censored (removed from Australia computers), the government, lacking extraterritorial powers to compel the owners of machines located offshore, intends to introduce of some form of refused access list to materials located in other nations. What is interesting to consider in this context is the way that slight shifts of definitional paradigm alter the way this legislation can be considered. If information flows (upon which late capitalism is becoming more dependent) were to be located within the context of international law governing the flow of waterways, does the decision to prevent travel of morally dubious material through Australia's informational waterways impinge upon the riparian rights of other nations (the doctrine of fair usage without impeding flow; Godana 50)? Similarly, if we take Smith's extended definition of community within electronic transactional spaces (the maintenance of members' commitment to the group, monitoring and sanctioning behaviour and the production and distribution of resources), then the current Bill proposes the regulation of the activities of one community by another (granted, a larger community that incorporates the former). Seen in this context, this legislation is the direct intervention in an established social order by a larger and less homogeneous group. It may be trite to quote the Prime Minister's view of community in this context, where he states ...It is free individuals, strong communities and the rule of law which are the best defence against the intrusive power of the state and against those who think they know what is best for everyone else. (Howard 21) possibly because the paradigm in which this new legislation is situated does not classify those Australians online (who number up to 3 million) as a community in their own right. In a way the Internet users of Australia have never identified themselves as a community, nor been asked to act in a communitarian manner. While discussions about the value of community models when applied to the Internet are still divided, there are those who argue that their use of networked services can be seen in this light (Worthington). What this new legislation does, however, is preclude the establishment of public communities in order to meet the desires of government for some limits to be placed on Internet content. The Bill does allow for the development of "restricted access systems" that would allow pluralistic communities to develop and engage in a limited amount of self-regulation. These systems include privately accessible Intranets, or sites that restrict access through passwords or some other form of age verification technique. Thus, ignoring the minimum standards that will be required for these communities to qualify for some measure of self-regulatory freedom, what is unspoken here is that specific subsections of the Internet population may exist, provided they keep well away from the public gaze. A ghetto without physical walls. Under the Bill, a co-regulatory approach is endorsed by the government, favouring the establishment of industry codes of practice by ISPs and (or) the establishment of a single code of practice by the content hosting industry (content developers are relegated to yet undetermined complementary state legislation). However, this section of the Bill, in mandating a range of minimum requirements for these codes of practice, and denying plurality to the content providers, places an administrative imperative above any communitarian spirit. That is, that the Internet should have no more than one community, it should be an entity bound by a single guiding set of principles and be therefore easier to administer by Australian censors. This administrative imperative re-encapsulates the dilemma faced by governments dealing with the Internet: that at heart, the broadcast and print press paradigms of existing censorship regimes face massive administrative problems when presented with a communications technology that allows for wholesale publication of materials by individuals. Whereas the limited numbers of broadcasters and publishers have allowed the development of Australia's system of classification of materials (on a sliding scale from G to RC classifications or the equivalent print press version), the new legislation introduced into the Senate uses the classification scheme simply as a censorship mechanism: Internet content is either "ok" or "not ok". From a public administration perspective, this allows government to drastically reduce the amount of work required by regulators and eases the burden of compliance costs by ISPs, by directing clear and unambiguous statements about the acceptability of existing materials placed online. However, as we have seen in other areas of social policy (such as the rationalisation of Social Security services or Health), administrative expedience is often antipathetic to small communities that have special needs, or cultural sensitivities outside of mainstream society. While it is not appropriate to argue that public administration creates negative social impacts through expedience, what can be presented is that, where expedience is a core aim of legislation, poor administration may result. For many Australian purveyors of pornography, my comments will be entirely unhelpful as they endeavour to find effective ways to spoof offshore hosts or bone up (no pun intended) on tunnelling techniques. Given the easy way in which material can be reconstituted and relocated on the Internet, it seems likely that some form of regulatory avoidance will occur by users determined not to have their content removed or blocked. For those regulators given the unenviable task of censoring Internet access it may be worthwhile quoting from Sexing the Cherry, in which Jeanette Winterson describes the town: whose inhabitants are so cunning that to escape the insistence of creditors they knock down their houses in a single night and rebuild them elsewhere. So the number of buildings in the city is always constant but they are never in the same place from one day to the next. (43) Thus, while Winterson saw this game as a "most fulfilling pastime", it is likely to present real administrative headaches to ABA regulators when attempting to enforce the Bill's anti-avoidance clauses. The Australian government, in adapting existing regulatory paradigms to the Internet, has overlooked the informal communities who live, work and play within the virtual world of cyberspace. In attempting to meet a perceived social need for regulation with political and administrative expedience, it has ignored the potentially cohesive role of government in developing self-regulating communities who need little government intervention to produce socially beneficial outcomes. In proscribing activity externally to the realm in which these communities reside, what we may see is a new type of community, one whose desire for a feast of flesh leads them to evade the activities of regulators who operate in the "meat" world. What this may show us is that in a virtual environment, the regulators' net is no match for a world wide web. References Alston, Richard. "Regulation is Not Censorship." The Australian 13 April 1999: 55. Paterson, K., et. al. Classification Issues: Film, Video and Television. Sydney: The Office of Film and Literature Classification, 1993. Patten, F. Personal interview. 9 Feb. 1999. Godana, B.A. Africa's Shared Water Resources: Legal and Institutional Aspects of the Nile, Niger and Senegal River Systems. London: Frances Pinter, 1985. Howard, John. The Australia I Believe In: The Values, Directions and Policy Priorities of a Coalition Government Outlined in 1995. Canberra: Liberal Party, 1995. Joint Select Committee On Video Material. Report of the Joint Select Committee On Video Material. Canberra: APGS, 1988. Office of Film and Literature Classification. Cinema & Video Ratings Guide. 1999. 1 May 1999 <http://www.oflc.gov.au/classinfo.php>. Smith, Marc A. "Voices from the WELL: The Logic of the Virtual Commons." 1998. 2 Mar. 1999 <http://www.sscnet.ucla.edu/soc/csoc/papers/voices/Voices.htm>. Winterson, Jeanette. Sexing the Cherry. New York: Vintage Books. 1991. Worthington, T. Testimony before the Senate Select Committee on Information Technologies. Unpublished, 1999. Citation reference for this article MLA style: Peter Chen. "Community without Flesh: First Thoughts on the New Broadcasting Services Amendment (Online Services) Bill 1999." M/C: A Journal of Media and Culture 2.3 (1999). [your date of access] <http://www.uq.edu.au/mc/9905/bill.php>. Chicago style: Peter Chen, "Community without Flesh: First Thoughts on the New Broadcasting Services Amendment (Online Services) Bill 1999," M/C: A Journal of Media and Culture 2, no. 3 (1999), <http://www.uq.edu.au/mc/9905/bill.php> ([your date of access]). APA style: Author. (1999) Community without flesh: first thoughts on the new broadcasting services amendment (online services) bill 1999. M/C: A Journal of Media and Culture 2(3). <http://www.uq.edu.au/mc/9905/bill.php> ([your date of access]).
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Ellis, Katie M., Mike Kent, and Kathryn Locke. "Video on Demand for People with Disability: Traversing Terrestrial Borders." M/C Journal 19, no. 5 (October 13, 2016). http://dx.doi.org/10.5204/mcj.1158.

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IntroductionWithin Australia, the approach taken to the ways in which disabled people access television is heavily influenced by legislation and activism from abroad. This is increasingly the case as television moves to online modes of distribution where physical and legislative boundaries are more fluid. While early investigations of the intersections between television and the concept of abroad focused on the impacts of representation and national reputation (Boddy), the introduction of new media technologies saw a shifting focus towards the impact and introduction of new media technologies. Drawing on Chan’s definition of media internationalisation as “the process by which the ownership, structure, production, distribution, or content of a country’s media is influenced by foreign media interests, culture and markets” (Chan 71), this article considers the impacts of legislative and advocacy efforts abroad on Australian television audiences with disabilities accessing subscription Video on Demand (VOD).Subscription (VOD) services have caused a major shift in the way television is used and consumed in Australia. Prior to 2015, there was a small subscription VOD industry operating out of this country. Providers such as Quickflix had limited content and the bulk of VOD services used by Australians related to catch-up television, user-generated videos on YouTube or Vimeo, or accessing Netflix US illegally through virtual private networks (VPNs) and proxy services (Ryall; Lombato and Meese). VOD is distinct in that it is generally streamed over Internet-based online services and is not linear, giving viewers the opportunity to watch the video at any time once the programme is available. Unlike broadcast television, there is no particular government or corporate entity controlling the creation of VOD. These services take advantage of the time-shifted convenience of the medium. In addition, VOD is typically not terrestrial, traversing national boundaries and challenging audience expectations and legislative boundaries. This research is concerned with the subscriber model of VOD in Australia where subscribers pay a fee to gain access to large collections of content.This internationalising of television has also offered the opportunity for people with disabilities that previously excluded them from the practice of television consumption, to participate in this national pastime. On an international level, audio description is becoming more available on VOD than it is on broadcast television, thus allowing disabled people access to television. This article situates the Australian approach to VOD accessibility within a broader international framework to question whether the internationalisation of television has affected the ways in which of content is viewed, both at legislative and public levels. While providers are still governed by national regulations, these regulations are influenced by international legislation. Further, the presence and success of advocacy groups to agitate for change has exacerbated the way accessibility is viewed and defined in Australia. The role of the Accessible Netflix Project, in conjunction with changes in the 21st Century Communications and Video Accessibility Act (CVAA) in the USA, has not only reframed accessibility discourse in the US, but also, as companies such as Netflix move abroad, has potentially stimulated a shift in media accessibility standards in Australia.We focus in particular on the impact of three new services – Netflix Australia, Stan, and Presto Entertainment—which entered the Australian market in 2015. At the time, Australia was described as having entered the “streaming wars” and consumers were predicted to be the beneficiaries (Tucker). Despite international moves to improve the accessibility of VOD for disabled consumers, via legislation and advocacy, none of these providers launched with an accessibility policy in place. Even closed captions, whose provision on Australian broadcast television had been mandated via the broadcasting services act since the early 1990s, were conspicuously absent. The absence of audio description was less surprising. With the exception of a 12-week trial on the Australian Broadcasting Commission (ABC) in 2012 and a follow up trial on iView in 2015, audio description has never been available to Australian people who are vision impaired.The findings and methodology of this article are based on research into disability and streaming television in Australia, conducted in 2015 and 2016. Funded by the Australian Communications and Consumer Action Network (ACCAN), the 12-month project reviewed national and international policy; surveyed 145 people with disability; and conducted interviews with media professionals, policy advisors, accessibility advocates, and disabled Australian VOD consumers.Accessibility Abroad Impacting on Local Accessibility: The Netflix ModelDespite the lack of a clear accessibility policy, Netflix is in front in terms of accessibility, with captions available for most content. Audio description for some content became available in April 2015 shortly after its Australian launch. The introduction of this accessibility feature has been directly attributed to the advocacy efforts of the Accessible Netflix Project, an international online movement operating out of the US and advocating for improved accessibility of VOD in the US and abroad (Ellis & Kent). Similarly, Chris Mikul, author of Access on Demand, was interviewed as part of this research. He told us that Netflix’s provision of captions was due to the impacts of legislation in the USA, namely the CVAA. The CVAA, which we discuss later in the paper, while having no jurisdiction in Australia, has improved the availability of captions by mandating accessibility abroad. As a result, accessible content is imported into the Australian market. When Netflix introduced audio description on its original programming, the VOD provider described the access feature as an option customers could choose, “just like choosing the soundtrack in a different language” (Wright). However, despite successful trials, other VOD providers have not introduced audio description as a way to compete with Netflix, and there is no legislation in place regarding the provision of audio description in Australia. People with disability, including people with vision impairments, do use VOD and continue to have particular unmet access needs. As the Netflix example illustrates, both legislation and recognition of people with a disability as a key audience demographic will result in a more accessible television environment.Impact of International LegislationThe accessibility of VOD in Australia has been impacted upon by international legislation in three key ways: through comparative bench-marks, or industry expectations; via user-led expectations and awareness of differing policies and products; and also through the introduction of international providers onto the Australian VOD market, and the presence of parallel-import VOD services. While international VOD providers such as Netflix and iTunes have officially launched in Australia, Australian consumers, both prior to and after the official availability, often access the parallel USA versions of such services. Lombato and Meese theorise that the delays in content launches between the US and Australia, and the limitations caused by licensing agreements (reducing the content availability) have prompted the continued use of Netflix US and a “kind of transnational shop-front hopping” (126). This is significant for VOD content accessibility as it emphasises the effect of, and disparities in national legislation, whereby the same company provides accessible content only in locations in which it is subject to legal requirements. Our analysis of international policy regarding the accessibility of VOD has found a varied approach—from a complete absence of accessibility regulations (New Zealand), to a layering of policy through disability discrimination acts alongside new media laws (USA). Additionally, this need to address convergence and new media in media accessibility regulation is currently a subject being discussed at government levels in some countries, primarily in the UK (ATVOD). However, outside of the USA, there remains either a lack of accessibility policies for media, new or old—as is the case in Singapore—or a lack of policies that facilitate accessibility for the VOD market—such as in Australia where a level of accessibility is required for broadcasters and subscription television but not VOD.While these changes and advancements in accessibility are taking place abroad, the space that online businesses occupy is fluid. The accessibility requirements of physical spaces cross national boundaries, and operate across multiple media and technologies, and thus, multiple media laws. For example, Australian television broadcasters are subject to some captioning requirements, yet VOD is not. Furthermore, catch-up VOD services provided by mainstream Australian television broadcasters are not subject to these laws. While legislation that accommodates convergence and the new digital media landscape is logical (ACMA) there remain few examples globally that have made changes to reflect accessibility requirements in this context. The CVAA in the US is perhaps the most effective to date, specifically addressing the issue of access to modern communications for people with disability.The CVAA and CaptioningThe CVAA seeks to ensure that “accessibility laws enacted in the 1980s and 1990s are brought up to date with 21st century technologies, including new digital, broadband, and mobile innovations” (FCC). The CVAA is designed to be forward-thinking and evolve with changing technologies (Varley). As such, the Act has been distinctive in its approach to accessibility for Internet protocol delivered video programming, including VOD. While full accessibility requirements, such as the inclusion of audio description are not addressed, the Act is considered to be the most accessible globally in its requirements for captioning of all content—specifically, English and Spanish—across cable, broadcast, satellite, and VOD content. VOD apps, plug-ins and devices are also required to implement the complete captioning capabilities, with specific requirements for personalised presentation, colour, size, and fonts. This requirement is applied to video programming distributors and to video programming owners. Indeed, programmers are expected to provide captioning compliance certificates, and distributors are required to report a failure to do so. Quality standards have also been established, with an emphasis not simply on the presence of captioning, but also on accuracy, synchronicity, completeness, and appropriate placement of captions. Despite an absence of similar legislation locally, the impacts of these foreign interests will penetrate the Australian market.In Australia, the example set by the CVAA has warranted recommendations by the ACMA and Media Access Australia. In a recent interview, Chris Mikul reinforced the position that, in order for the accessibility of VOD to improve in Australia, a similar Act is needed to the one established in the US. According to Mikul, “The CVAA in the US bridges the gap to some extent with captioning, although it doesn’t venture into online audio description. […] We need something like the CVAA here” (Mikul).Beyond the impact of the CVAA on US VOD programming, the Americans with Disabilities Act (ADA) (1990) has been significant in the developing captioning requirements of the CVAA. In 2010, disability advocates seeking more accessible VOD services attempted to prosecute Netflix under the ADA. The National Association for the Deaf (NAD) argued that Netflix discriminated against those with a hearing impairment by not providing closed captions for all content. At this time, the CVAA did not include captioning requirements for VOD providers. Instead, it was argued that online businesses should be considered as a “place” of publication accommodation, and thus subject to the same standards and anti-discrimination laws. Netflix settled out of court in 2012, agreeing to caption 100% of its content by 2014 (Mullin; Wolford). However, a Federal Appeals Court later ruled that Netflix was not a place of public accommodation and therefore did not have to comply with the ruling (Hattem). Notably, during the case Netflix also argued that it should not be required to provide captions, as it was abiding by CVAA requirements at that time.Accessibility Activism and AdvocacyAdvocates for accessibility, such as the NAD, have impacted not only on the legislative framework for VOD in the USA, but also on the international public perception and expectation of accessibility. It is important to note that many of the help forums generated by international VOD providers mix customers from multiple countries, establishing a global space in which requirements, expectations and perceptions are shared. These spaces generate a transnational accessibility, providing an awareness of what provisions are being made in other countries, and where they are not. Orrego-Carmona conducted a study on subtitling for the purpose of language translation and found the globalisation of audio-visual content and international media flows have impacted on the public view of subtitling. Indeed, this finding can be extended to subtitling for people with disability. In the help forums for VOD providers, users identified an awareness of other more accessible media environments (such as whether companies provided closed captions in other countries), the impact of legislation in other countries on accessibility, and how or if international media companies were replicating accessibility standards transnationally. Social media campaigns, instigated in both the UK and the US are significant examples of consumer and public-led activism for accessibility. “LOVEFiLM hates deaf people”, #subtitleit, launched by the Action on Hearing Loss group in the UK, and #withcaptions, were all effective online campaigns launched by individuals and disability activist groups. In early 2014, comedian Mark Thomas, as part of his show 100 Acts of Minor Dissent, placed two large posters at the entrance to the offices of Amazon UK stating "LOVEFiLM hates deaf people." A subsequent petition through change.com attracted 15154 signatures, asking for rental DVDs that were subtitled to be listed, and all streamed content to be subtitled (https://www.change.org/p/lovefilm-amazon-prime-video-amazon-uk-please-list-your-subtitled-rental-dvds-and-subtitle-your-streamed-content). A year later, Amazon increased the subtitling of its content to 40 percent. As of June 2015 the company was working towards 100% subtitling. The petition turned its attention to Sky On Demand, initiated by Jamie Danjoux, a 17-year-old boy with hearing loss (https://www.change.org/p/sky-enable-subtitles-for-ondemand), has attracted 6556 signatures. The social media campaigns #subtitleit and #withcaptions similarly aimed to target both VOD providers and the government, with the aim for both consistent and compulsory captioning across all VOD content. While UK legislation is yet to specifically address VOD captioning, the subject of accessibility and VOD is currently being debated at policy level. It was also successful in gaining commitments from Sky and BT TV to improve subtitles for their VOD and catch-up VOD programming.In the USA, The Accessible Netflix Project and founder Robert Kingett have been significant advocates for the inclusion of audio description on Netflix and other US VOD providers. Further, while the Accessible Netflix Project has a focus on the United States, its prominence and effectiveness has facilitated awareness of the accessibility of VOD transnationally, and the group internally monitors and comments on international examples. This group was integral in persuading Netflix to provide audio descriptions, a move that has impacted on the level of accessibility worldwide.These advocacy efforts abroad have not only included Australian audiences via their invitations to participate in transnational online spaces, but their success also has direct impact on the availability of captions and audio description imported to Australian video on demand consumers. ConclusionThe national borders of television have always been permeable—with content from abroad influencing programming and culture. However, within Australia, borders have been erected around the television culture with long wait times between shows airing abroad and locally. In addition, licencing deals between overseas distributors and pay television have delayed the introduction of VOD until 2015. That year saw the introduction of three VOD providers to the Australian television landscape: Stan, Presto Entertainment, and Netflix Australia. With the introduction of VOD, it is not only international content that has altered television consumption. Overseas providers have established a firm place in the Australia television marketplace. Even before the formal launch of overseas VOD providers, disabled users were accessing content from providers such as Netflix USA via VPNs and tunnelling services, illustrating both the clear demand for VOD content, and demonstrating the multiple ways in which international legislation and provider approaches to accessibility have permeated the Australian television industry.The rapid increase of ways in which we watch television has increased its accessibility. The nature of video on demand—streamed online and nonlinear—means that the content accessed is no longer as restricted by space, time and television. Audiences are able to personalise and modify access, and can use multiple devices, with multiple assistive technologies and aids. This increasingly accessible environment is the result of legislative and advocacy efforts originating in other countries. Efforts to improve captions and introduce audio description, while not originating in Australia, have seen improvements to the availability of accessibility features for disabled Australian television audiences. To return to Chan’s definition of media internationalisation with which we began this article, a concern with television accessibility while not originating in Australia, has taken place due to the influence of “foreign media interests, culture and markets” (Chan 71).However, despite the increased potential for full accessibility, there remains deficits. Captions and audio description, the two main features that support the playback of online video content in an accessible way, are not consistently provided. There are no clear, applicable legislative requirements for VOD accessibility in Australia. This must change. Based on our research, change at government, industry and advocacy levels are required in order for VOD in Australia to become fully accessible. Legislation needs to be introduced that requires a minimum level of accessibility, including audio description accessibility, on broadcast television and VOD. Further, governments should work to ensure that PWD are aware of the accessibility features that are provided across all media. For VOD providers, it should be recognised that a significant portion of the consumer base could be PWD, or their families and friends may wish to share in the activity of VOD. Establishing an understanding of the different accessibility requirements may come from hiring specialised accessibility consultants to make platforms accessible and useable for PWD. For consumers of VOD and advocates of accessibility, participation in advocacy efforts that encourage and demand that VOD providers improve accessibility options have been shown to increase accessibility abroad, and should be applied to the Australian context.ReferencesACMA. Australian Government. Converged Legislative Frameworks: International Approaches. Jul. 2011. 1 Aug. 2016 <http://www.acma.gov.au/theACMA/Library/researchacma/Occasional-papers/coverged-legislative-frameworks-international-approaches>.ATVOD. Provision of Video on Demand Access Services: A Report on the Level of Provision by On Demand. UK: The Authority for Television on Demand, 18 Dec. 2015. 13 May 2016 <http://stakeholders.ofcom.org.uk/binaries/broadcast/on-demand/accesseuropean/AS_survey_report_2015.pdf>.Boddy, William. "U.S. Television Abroad: Market Power and National Introspection." Quarterly Review of Film and Video 15.2 (1994): 45-55.Chan, Joseph Man. "Media Internationalization in China: Processes and Tensions." Journal of Communication 44.3 (1994): 70-88.Ellis, Katie, and Mike Kent. "Accessible Television: The New Frontier in Disability Media Studies Brings Together Industry Innovation, Government Legislation and Online Activism." First Monday 20 (2015). <http://firstmonday.org/ojs/index.php/fm/article/view/6170>.FCC. 21st Century Communications and Video Accessibility Act (CVAA) 2010. USA: Federal Communications Commission. 27 May 2016 <https://www.fcc.gov/consumers/guides/21st-century-communications-and-video-accessibility-act-cvaa>.Hattem, Julian. “Court: Netflix Doesn’t Have to Comply with Disability Law.” The Hill, 3 Apr. 2015. 20 Aug. 2015 <http://thehill.com/policy/technology/237829-court-netflix-doesnt-have-to-comply-with-disability-law>.Lombato, Roman, and James Meese, eds. “Australia: Circumnavigation Goes Mainstream.” Geoblocking and Global Video Culture. Amsterdam: Institute of Network Cultures, 2016.Media Access Australia. “Policy and Expectations: What You Can Expect on Free-to-air Television.” Australia: Media Access Australia, 2013. 27 May 2016 <http://www.mediaaccess.org.au/tv-video/policy-and-expectations>.Mullin, Joe. “Netflix Settles with Deaf-Rights Group, Agrees to Caption All Videos by 2014.” Arstechnica 11 Oct. 2012. 1 Jan. 2014 <http://arstechnica.com/tech-policy/2012/10/netflix-settles-with-deaf-rights-group-agrees-to-caption-all-videos-by-2014/>.Orrego-Carmona, Daniel. “Subtitling, Video Consumption and Viewers.” Translation Spaces 3 (2014): 51-70.Ryall, Jenni. “How Netflix Is Dominating Australia from Abroad.” Mashable Australia 14 Jul. 2014. 14 Sep. 2016 <http://mashable.com/2014/07/14/how-netflix-is-dominating-australia-from-abroad/#kI9Af70FngqW>.Tucker, Harry. “Netflix Leads the Streaming Wars, Followed by Foxtel’s Presto.” News.com.au 24 Jun. 2015. 18 May 2016 <http://www.news.com.au/technology/home-entertainment/tv/netflix-leads- the-streaming-wars-followed-by-foxtels-presto/news story/7adf45dcd7d9486ff47ec5ea5951287f>.Unites States Government. Americans with Disabilities Act of 1990. 27 May 2016 <http://www.ada.gov/pubs/adastatute08.htm>.Varley, Alex. “New Access for a New Century: We Sit Down with Karen Peltz Strauss.” Media Access Australia 28 Aug. 2013. 27 May 2016 <http://www.mediaaccess.org.au/latest_news/australian-policy-and-legislation/new-access-for-a- new-century>.Wolford, Josh. “Netflix Will Caption All Streaming Videos by 2014, per Settlement.” WebProNews, 11 Oct. 2012. 1 Jan. 2014 <http://www.webpronews.com/netflix-will-caption-all-streaming-videos-by-2014-per-settlement-2012-10/>.Wright, Tracey. “Netflix Begins Audio Description for Visually Impaired.” Netflix, 14 Apr. 2015. 5 June 2016 <http://blog.netflix.com/2015/04/netflix-begins-audio-description-for.html>.
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Ellis, Katie M., Mike Kent, and Kathryn Locke. "Indefinitely beyond Our Reach: The Case for Elevating Audio Description to the Importance of Captions on Australian Television." M/C Journal 20, no. 3 (June 21, 2017). http://dx.doi.org/10.5204/mcj.1261.

Full text
Abstract:
IntroductionIn a 2013 press release issued by Blind Citizens Australia, the advocacy group announced they were lodging a human rights complaint against the Australian government and the ABC over the lack of audio description available on the public broadcaster. Audio description is a track of narration included between the lines of dialogue which describes important visual elements of a television show, movie or performance. Audio description is broadly recognised as an essential feature to make television accessible to audiences who are blind or vision impaired (Utray et al.). Indeed, Blind Citizens Australia maintained that audio description was as important as captioning on Australian television:people who are blind have waited too long and are frustrated that audio description on television remains indefinitely beyond our reach. Our Deaf or hearing impaired peers have always seen great commitment from the ABC, but we continue to feel like second class citizens.While audio description as a technology was developed in the 1960s—around the same time as captions (Ellis, “Netflix Closed Captions”)—it is not as widely available on television and access is therefore often considered to be out of reach for this group. As a further comparison, in Australia, while the provision of captions was mandated in the Broadcasting Services Act (BSA) 1992 and television sets had clear Australian standards regarding their capability to display captions, there is no legislation for audio description and no consistency regarding the ability of television sets sold in Australia to display them (Ellis, “Television’s Transition”). While as a technology, audio description is as old as captioning it is not as widely available on television. This is despite the promise of technological advancements to facilitate its availability. For example, Cronin and King predicted that technological change such as the introduction of stereo sound on television would facilitate a more widespread availability of audio description; however, this has not eventuated. Similarly, in the lead up to the transition from analogue to digital broadcasting in Australia, government policy documents predicted a more widespread availability of audio description as a result of increased bandwidth available via digital television (Ellis, “Television’s Transition”). While these predictions paved way for an audio description trial, there has been no amendment to the BSA to mandate its provision.Audio description has been experienced on Australian broadcast television in 2012, but only for a 14-week trial on ABC1. The trial report, and feedback from disability groups, identified several technical impediments and limitations which effected the experience of audio described content during this trial, including: the timing of the trial during a period in which the transition from analogue to digital television was still occurring (creating hardware compatibility issues for some consumers); the limitations of the “ad hoc” approach undertaken by the ABC and manual implementation of audio description; and the need for upgraded digital receivers (ABC “Trial of Audio Description”, 2). While advocacy groups acknowledged the technical complexities involved, the expected stakeholder discussions that were due to be held post-trial, in part to attempt to resolve the issues experienced, were never undertaken. As a result of the lack of subsequent commitments to providing audio description, in 2013 advocacy group Blind Citizens Australia lodged their formal complaints of disability discrimination against the ABC and the Federal Government. Since the 2012 trial on ABC1, the ABC’s catch-up portal iView instigated another audio description trial in 2015. Through the iView trial it was further confirmed that audio description held considerable benefits for people with a vision impairment. They also demonstrated that audio description was technically feasible, with far less ‘technical difficulties’ than the experience of the 2012 broadcast-based trial. Over the 15 month trial on ABC iView 1,305 hours of audio described content was provided and played 158, 277 times across multiple platforms, including iOS, Android, the Freeview app and desktop computers (ABC, “ABC iView Audio Description Trial”).Yet despite repeated audio description trials and the lodgement of discrimination complaints, there remains no audio description on Australian broadcast television. Similarly, whereas 55 per cent of DVDs released in Australia have captions, only 25 per cent include an audio description track (Media Access Australia). At the time of writing, the only audio description available on Australian television is on Netflix Australia, a subscription video on demand provider.This article seeks to highlight the importance of television access for people with disability, with a specific focus on the provision of audio description for people with vision impairments. Research consistently shows that despite being a visual medium, people with vision impairments watch television at least once a day (Cronin and King; Ellis, “Netflix Closed Captions”). However, while television access has been a priority for advocates for people who are Deaf and hard of hearing (Downey), audiences advocating audio description are only recently making gains (Ellis, “Netflix Closed Captions”; Ellis and Kent). These gains are frequently attributed to technological change, particularly the digitisation of television and the introduction of subscription video on demand where users access television content online and are not constrained by broadcast schedules. This transformation of how we access television is also considered in the article, again with a focus on the provision–or lack thereof—of audio description.This article also reports findings of research conducted with Australians with disabilities accessing the emerging video on demand environment in 2016. The survey was run online from January to February 2016. Survey respondents included people with disability, their families, and carers, and were sourced through disability organisations and community groups as well as via disability-focused social media. A total of 145 people completed the survey and 12 people participated in follow-up interviews. Insights were gained into both how people with disability are currently using video on demand and their anticipated usage of services. Of note is that most subscription video on demand services (Netflix Australia, Stan, and Presto) had only been introduced in Australia in the year before the survey being carried out, with only Foxtel Play and Quickflix having been in operation for some time prior to that.Finally, the article ends by looking at past and current advocacy in this area, including a discussion on existing—albeit, to date, limited—political will.Access to Television for People with DisabilitiesTelevision can be disabling in different ways for people with impairments, yet several accessibility features exist to translate information. For example, people who are D/deaf or hard of hearing may require captions, while people with vision impairments prefer to make use of audio description (Alper et al.). Similarly, people with mobility and dexterity impairments found the transition to digital broadcasting difficult, particularly with relation to set top box set up (Carmichael et al.). As Joshua Robare has highlighted, even legislation has generally favoured the inclusion of audiences with hearing impairments, while disregarding those with vision impairments. Similarly, much of the literature in this area focuses on the provision of captions—a vital accessibility feature for people who are D/deaf or hard of hearing. Consequently, research into accessibility to television for a diversity of impairments, going beyond hearing impairments, remains deficient.In a study of Australian audiences with disability conducted between September and November 2013—during the final months of the analogue to digital simulcast period of Australian broadcast television—closed captions, clean audio, and large/colour-coded remote control keys emerged as the most desired access features (see Ellis, “Digital Television Flexibility”). Audio description barely registered in the top five. In a different study conducted two years ago/later, when disabled Australian audiences of video on demand were asked the same question, captions continued to dominate at 63.4 per cent; however, audio description was also seen to be a necessary feature for almost one third of respondents (see Ellis et al., Accessing Subcription Video).Robert Kingett, founder of the Accessible Netflix Project, participated in our research and told us in an interview that video on demand providers treat accessibility as an “afterthought”, particularly for blind people whom most don’t think of as watching television. Yet research dating back to the 1990s shows almost 100 per cent of people with vision impairments watch television at least once a day (Cronin & King). Statistically, the number of Australians who identify as blind or vision impaired is not insignificant. Vision Australia estimates that over 357,000 Australians have a vision impairment, while one in five Australians have a disability of some form. With an ageing population, this number is expected to grow exponentially in the next ten years (Australian Network on Disability). Kingett therefore describes this lack of accessibility as evidence video on demand is “stuck in the dark ages”, and advocates that people with vision impairments do use video on demand and therefore continue to have unmet access needs.Video on Demand—Transforming TelevisionSubscription video on demand services have caused a major shift in the way television is used and consumed in Australia. Prior to 2015, there was a small subscription video on demand industry in this country. However, in 2015, following the launch of Netflix Australia, Stan, and Presto, Australia was described as having entered the “streaming wars” (Tucker) where consumers would benefit from the increased competition. As Netflix gained dominance in the video on demand market internationally, people with disability began to recognise the potential this service could have in transforming their access to television.For example, the growing availability of video on demand services continues to provide disruptive change to the way in which consumers enjoy information and entertainment. While traditional broadcast television has provided great opportunities for participation in news, events, and popular culture, both socially and in the workplace, the move towards video on demand services has seen a notable decline in traditional television viewing habits, with online continuing to increase at the expense of Australian free-to-air programming (C-Scott).For the general population, this always-on, always-available, and always-shareable nature of video on demand means that the experience is both convenient and instant. If a television show is of interest to friends and family, it can be quickly shared through popular social media with others, allowing everyone to join in the experience. For people with disability, the ability to both share and personalise the experience of television is critical to the popularity of video on demand services for this group. This gives them not only the same benefits as others but also ensures that people with disability are not unintentionally excluded from participation—it allows people with disability the choice as to whether or not to join in. However, exclusion from video on demand is a significant concern for people with disability due to the lack of accessibility features in popular subscription services. The lack of captions, audio description, and interfaces that do not comply with international Web accessibility standards are resulting in many people with disability being unable to fully participate in the preferred viewing platforms of family and friends.The impact of this expands beyond the consumption patterns of audiences, shifting the way the audience is defined and conceptualised. With an increasing distribution of audience attention to multiple channels, products, and services, the ability to, and strategies for, acquiring a large audience has changed (Napoli). As audience attention is distributed, it is broken up, into smaller, fragmented groups. The success, therefore, of a new provider may be to amass a large audience through the aggregation of smaller, niche audiences. This theory has significance for consumers who require audio description because they represent a viable target group. In this context, accessibility is reframed as a commercial opportunity rather than a cost (Ellis, “Netflix Closed Captions”).However, what this means for future provision of audio description in Australia is still unclear. Chris Mikul from Media Access Australia, author of Access on Demand, was interviewed as part of this research. He told us that the complete lack of audio description on local video on demand services can be attributed to the lack of Australian legislation requiring it. In an interview as part of this research he explained the central issue with audio description in this country as “the lack of audio description on broadcast TV, which is shocking in a world context”.International providers fare only slightly better. Robert Kingett established the Accessible Netflix Project in 2013 with the stated aim of advocating for the provision of audio description on Netflix. Netflix, despite a lack of a clear accessibility policy, are seen as being in front in terms of overall accessibility—captions are available for most content. However, the provision of audio description was initially not considered to be of such importance, and Netflix were initially against the idea, citing technical difficulties. Nevertheless, in 2015—shortly after their Australian launch—they did eventually introduce audio description on original programming, describing the access feature as an option customers could choose, “just like choosing the soundtrack in a different language” (Wright). However, despite such successful trials, the issue in the Australian market remains the absence of legislation mandating the provision of audio description in Australia and the other video on demand providers have not introduced audio description to compete with Netflix. As the Netflix example illustrates, both legislation and recognition of people with disability as a key audience demographic will result in a more accessible television environment for this group.Currently, it is debatable as to whether this increasingly competitive market, the shifting perception of audience attraction and retention, and the entry of multiple international video on demand providers, has influenced how accessibility is viewed, both for broadcast television and video on demand. Although there is some evidence for an increasing consideration of people with disability as “valid” consumers—take, for example, the iView audio description trial, or the inclusion of audio description by Netflix—our research indicates accessibility is still inconsistently considered, designed for, and applied by current providers.Survey Response: Key Issues Regarding AccessibilityRespondents were asked to provide an overall impression of video on demand services, and to tell us about their positive and negative experiences. Analysis of 68 extended responses, and the responses provided by the interview participants, identified a lack of availability of accessibility features such as audio description as a key problem. What our results indicate is that while customers with a disability are largely accommodating of the inaccessibility of providers—they use their own assistive technology to access content—they are keenly aware of the provisions that could be made. As one respondent put it:they could do a lot better: talking menus, spoken sub titles, and also spoken messages on screen.However, many expressed low expectations due to the continued absence of audio description on broadcast television:so, the other thing is, my expectations are quite low because of years of not having audio descriptions. I have slightly different expectations to other people.This reflection is important in considering both the shifting expectations regarding video on demand providers but also the need for a clear communication of what features are available so that providers can cater to—and therefore capture—niche markets.The survey identified captioning as the main accessibility problem of video on demand services. However, this may not accurately reflect the need for other accessibility features such as audio description. Rather, it may be indicative that this feature is often the only choice given to consumers. As, Chris Mikul identified, “the only disability being catered for to any great extent is deafness/hearing impairment”. Kingett agreed, noting:people who are deaf and hard of hearing are placed way before the rest because captions are beyond easy and cheap to create now. Please, there’s even companies that people use to crowd source captions so companies don’t have to do it anymore. This all came about because the deaf community has [banded] together … to achieve a cause. I know audio description isn’t as cheap to make as captions but, by these companies’ budgets that’s like dropping a penny.Advocacy and Political WillAs noted above, it has been argued by some that accessibility features that address vision impairments have been neglected. The reason behind this is twofold—the perception that this disability is experienced by a minority of the population and that, because blind people “don’t watch television”, it is not an important accessibility feature. This points towards a need for both disability advocacy and political will by politicians to introduce legislation. As one survey respondent identified, the reality is that, in Australia, neither politicians nor people with vision impairments have yet to address the issue on audio description in an organised or sustained way:we have very little audio described content available in Australia. We don’t have the population of blind people nor the political will by politicians to force providers to provide for us.However, Blind Citizens Australia—the coalition of television audiences with vision impairments who lodged the human rights complaint against the government and the ABC—suggest the tide is turning. Whereas advocates for people with vision impairments have traditionally focused on access to the workforce, the issue of television accessibility is increasingly gaining attention, particularly as a result of international activist efforts and the move towards video on demand (see Ellis and Kent).For example, Kingett’s Accessible Netflix Project in the US is considered one of the most successful accessibility movements towards the introduction of audio description. While its members are predominantly US-based, it does include several Australian members and continues to cover Netflix Australia’s stance on audio description, and be covered by Australian media and organisations (including Media Access Australia and Life Hacker). When Netflix launched in Australia, Kingett encouraged Australians to become more involved in the project (Ellis and Kent).However, despite the progress towards mandating of audio description in parliament and the resolution of efforts made by advocacy groups (including Vision Australia and Blind Citizens Australia), the status of audio description remains uncertain. Whilst some support has been gained—specifically through motions made by Senator Siewert and the ABC iView audio description trials—significant change has been slow. For example, conciliation discussions are still ongoing regarding the now four-year-old complaint brought against the ABC and the Federal Government by Blind Citizens Australia. Meanwhile, although the Senate supported Senator Siewert’s motion to change the Broadcasting Services Act to include audio description, the Act has yet to be amended.The results of multiple ABC trials of audio description remain in discussion. Whilst the recently released report on the findings of the April 2015—July 2016 iView trial states that the “trial has identified that those who utilised the audio description service found it a valuable enhancement to their media engagement and their social interactions” (ABC, “ABC iView Audio Description Trial” 18), it also cautioned that “any move to introduce AD services in Australia would have budgetary implications for the broadcasters in a constrained financial environment” and “broader legislative implications” (ABC, “ABC iView Audio Description Trial” 18). Indeed, although the trial was considered “successful”—in that experiences by users were generally positive and the benefits considerable (Media Access Australia, “New Report”)—the continuation of audio description on iView alone was clarified as representing “a systemic failure to provide people who are blind or have low vision with basic access to television now, given that iView is out of reach for many people in the blindness and low vision community” (Media Access Australia, “New Report”). Indeed, the relatively low numbers of plays of audio described content during the trial (158, 277 plays, representing 0.58% of total program plays on iView) were likely a result of a lack of access to smartphones or Internet technology, prohibitive data speeds and/or general Internet costs, all factors which affect the accessibility of video on demand significantly more for people with disability (Ellis et al., “Access for Everyone?”).On a more positive note, the culmination of advocacy pressure, the ABC iView trial, political attention, and increasing academic literature on the accessibility of Australian media has resulted in the establishment of an Audio Description Working Group by the government. This group consists of industry representatives, advocacy group representatives, academics, and “consumer representatives”. The aims of the group are to: identify options to sustainably increase access to audio description services; identify any impediments to the implementation of audio description; provide expert advice on audio description implementation options; and develop a report on the findings due at the end of 2017.ConclusionIn the absence of audio description, people who are blind or vision impaired report a less satisfying television experience (Cronin and King; Kingett). However, with each technological advancement in the delivery of television, from stereo sound to digital television, this group has held hopes for a more accessible experience. The reality, however, has been a continued lack of audio description, particularly in broadcast television.Several commentators have compared the provision of audio description with closed captioning. They find that audio description is not as widely available, and reflect this is likely a result of lack of legislation (Robare; Ellis, “Digital Television Flexibility”)—for example, in the Australian context, whereas the provision of captions is mandated in the Broadcasting Services Act 1992, audio description is not. As a result, there have been limited trials of audio description in this country and inconsistent standards in how to display it. As discussed throughout this paper, people with vision impairments and their allies therefore often draw on the example of the widespread “acceptance” of captions to make the case that audio description should also be more widely available.However, following the introduction of subscription video on demand in Australia, and particularly Netflix, the issue of audio description is receiving greater attention. It has been argued that video on demand has transformed television, particularly the ways in which television is accessed. Video on demand could also potentially transform the way we think about accessibility for audiences with disability. While captions are a well-established accessibility feature facilitating television access for people with a range of disabilities, video on demand is raising the profile of the importance of audio description for audiences with vision impairments.ReferencesABC. “Audio Description Trial on ABC Television: Report to the Minister for Broadband, Communications and the Digital Economy”. Dec. 2012. 8 Apr. 2017 <https://www.communications.gov.au/sites/g/files/net301/f/ABC-Audio-Description-Trial-Report2.pdf>.ABC. “ABC iView Audio Description Trial: Final Report to The Department of Communications and the Arts.” Oct. 2016. 6 Apr. 2017 <https://www.communications.gov.au/documents/final-report-trial-audio-description-abc-iview>.Alper, Meryl, et al. “Reimagining the Good Life with Disability: Communication, New Technology, and Humane Connections.” Communication and the Good Life. Ed. H. Wang. New York: Peter Lang, 2015.Australian Network on Disability. “Disability Statistics.” Mar. 2017. 30 Apr. 2017 <https://www.and.org.au/pages/disability-statistics.html>.Blind Citizens Australia. Government and ABC Fail to Deliver on Accessible TV for Australia’s Blind. Submission. 10 July 2013. 1 May 2017 <http://bca.org.au/submissions/>.C-Scott, Marc. “The Battle for Audiences as Free-TV Viewing Continues Its Decline.” Mumbrella 22 Apr. 2016. 24 May 2016 <https://mumbrella.com.au/the-battle-for-audiences-as-free-tv-viewing-continues-its-decline-362010>.Carmichael, Alex, et al. “Digital Switchover or Digital Divide: A Prognosis for Useable and Accessible Interactive Digital Television in the UK.” Universal Access in the Information Society 4 (2006): 400–16.Cronin, Barry J., and Sharon Robertson King. “The Development of the Descriptive Video Services.” National Center to Improve Practice in Special Education through Technology, Media and Materials. Sep. 1998. 8 May 2014 <https://www2.edc.org/NCIP/library/v&c/Cronin.htm>.Downey, G. “Constructing Closed-Captioning in the Public Interest: From Minority Media Accessibility to Mainstream Educational Technology.” Info 9.2–3 (2007): 69–82.Ellis, Katie. “Digital Television Flexibility: A Survey of Australians with Disability.” Media International Australia 150 (2014): 96.———. “Netflix Closed Captions Offer an Accessible Model for the Streaming Video Industry, But What about Audio Description?” Communication, Politics & Culture 47.3 (2015).———. “Television’s Transition to the Internet: Disability Accessibility and Broadband-Based TV in Australia.” Media International Australia 153 (2014): 53–63.Ellis, Katie, and Mike Kent. “Accessible Television: The New Frontier in Disability Media Studies Brings Together Industry Innovation, Government Legislation and Online Activism.” First Monday 20 (2015). <http://firstmonday.org/ojs/index.php/fm/article/view/6170>.Ellis, Katie, et al. Accessing Subscription Video on Demand: A Study of Disability and Streaming Television in Australia. Australian Communications Consumer Action Network. Aug. 2016. <https://accan.org.au/grants/current-grants/1066-accessing-video-on-demand-a-study-of-disability-and-streaming-television>.Ellis, Katie, et al. “Access for Everyone? Australia’s ‘Streaming Wars’ and Consumers with Disabilities.” Continuum (2017, publication pending).Kingett, Robert. “The Accessible Netflix Project Advocates Taking Steps to Ensure Netflix Accessibility for Everyone.” 2014. 30 Jan. 2014 <https://netflixproject.wordpress.com>.Media Access Australia. “Statistics on DVD Accessibility in Australia.” 2012. 21 Nov. 2014 <https://mediaaccess.org.au/dvds/Statistics%20on%20DVD%20accessibility%20in%20Australia>.———. “New Report on the Trial of A.D. on ABC iView.” 7 Mar. 2017. 30 Apr. 2017 <https://mediaaccess.org.au/latest_news/television/new-report-on-the-trial-of-ad-on-abc-iview>.Napoli, Philip M., ed. Audience Evolution: New Technologies and the Transformation of Media Audiences. New York: Columbia UP, 2011.Robare, Joshua S. “Television for All: Increasing Television Accessibility for the Visually Impaired through the FCC’s Ability to Regulate Video Description Technology.” Federal Communications Law Journal 63.2 (2011): 553–78.Tucker, Harry. “Netflix Leads the Streaming Wars, Followed by Foxtel’s Presto.” News.com.au 24 June 2016. 18 May 2016 <http://www.news.com.au/technology/home-entertainment/tv/netflix-leads-the-streaming-wars-followed-by-foxtels-presto/news-story/7adf45dcd7d9486ff47ec5ea5951287f>.Utray, Francisco, et al. “Monitoring Accessibility Services in Digital Television.” International Journal of Digital Multimedia Broadcasting (2012): 9.
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Kelly, Elaine. "Growing Together? Land Rights and the Northern Territory Intervention." M/C Journal 13, no. 6 (December 1, 2010). http://dx.doi.org/10.5204/mcj.297.

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Abstract:
Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. ReferencesAustralian Broadcasting Authority. “Noel Pearson Discusses the Issues Faced by Indigenous Communities.” Lateline 26 June 2007. 22 Nov. 2010 ‹http://www.abc.net.au/lateline/content/2007/s1962844.htm>. Agamben, Giorgio. Homo Sacer. Stanford, California: Stanford University Press, 1998. Altman, Jon. “The ‘National Emergency’ and Land Rights Reform: Separating Fact from Fiction.” A Briefing Paper for Oxfam Australia, 2007. 1 Aug. 2010 ‹http://www.oxfam.org.au/resources/filestore/originals/OAus-EmergencyLandRights-0807.pdf>. Altman, Jon. “The Howard Government’s Northern Territory Intervention: Are Neo-Paternalism and Indigenous Development Compatible?” Centre for Aboriginal Economic Policy Research Topical Issue 16 (2007). 1 Aug. 2010 ‹http://caepr.anu.edu.au/system/files/Publications/topical/Altman_AIATSIS.pdf>. Brown, Bob. “Senator Bob Brown National Pre-Election Press Club Address.” 2010. 18 Aug. 2010 ‹http://greens.org.au/content/senator-bob-brown-pre-election-national-press-club-address>. Davis, Angela. The Angela Davis Reader. Ed. J. James, Oxford: Blackwell, 1998. Dodson, Patrick. “An Entire Culture Is at Stake.” Opinion. The Age, 14 July 2007: 4. Goldberg, David Theo. The Racial State. Massachusetts: Blackwell, 2002.———. The Threat of Race: Reflections on Neoliberalism. Massachusetts: Blackwell, 2008. Harris, Cheryl. “Whiteness as Property.” Harvard Law Review 106.8 (1993): 1709-1795. Keane, John. “Maralinga’s Afterlife.” Feature Article. The Age, 11 May 2003. 24 Nov. 2010 ‹http://www.theage.com.au/articles/2003/05/11/1052280486255.html>. Knox, Malcolm. “Nuclear Dawn.” The Monthly 56 (May 2010). Lambert, Anthony. “Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia.” M/C Journal 13.6 (2010). Langton, Marcia. “It’s Time to Stop Playing Politics with Vulnerable Lives.” Opinion. Sydney Morning Herald, 30 Nov. 2007: 2. McAllan, Fiona. “Customary Appropriations.” borderlands ejournal 6.3 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no3_2007/mcallan_appropriations.htm>. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” borderlands e-journal 3.2 (2004). 1 Aug. 2007 ‹http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm>. ———. “Whiteness, Epistemology and Indigenous Representation.” Whitening Race. Ed. Aileen Moreton-Robinson. Canberra: Aboriginal Studies Press, 75-89. Norberry, J., and J. Gardiner-Garden. Aboriginal Land Rights (Northern Territory) Amendment Bill 2006. Australian Parliamentary Library Bills Digest 158 (19 June 2006). Ong, Aihwa. Neoliberalism as Exception: Mutations in Citizenship and Sovereignty. Durham: Duke University Press, 2006. 75-97.Oxford English Dictionary. 3rd. ed. Oxford: Oxford UP, 2005. Rio Tinto. "Rio Tinto Aboriginal Policy and Programme Briefing Note." June 2007. 22 Nov. 2010 ‹http://www.aboriginalfund.riotinto.com/common/pdf/Aboriginal%20Policy%20and%20Programs%20-%20June%202007.pdf>. Roberts, David J., and Mielle Mahtami. “Neoliberalising Race, Racing Neoliberalism: Placing 'Race' in Neoliberal Discourses.” Antipode 42.2 (2010): 248-257. Stringer, Rebecca. “A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention.” borderlands ejournal 6.2 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm>.Stokes, Dianne. "Muckaty." n.d. 1 Aug. 2010 ‹http://www.timbonham.com/slideshows/Muckaty/>. Terrill, Leon. “Indigenous Land Reform: What Is the Real Aim of Land Reform?” Edited version of a presentation provided at the 2010 National Native Title Conference, 2010. Watson, Irene. “Sovereign Spaces, Caring for Country and the Homeless Position of Aboriginal Peoples.” South Atlantic Quarterly 108.1 (2009): 27-51. Watson, Nicole. “Howard’s End: The Real Agenda behind the Proposed Review of Indigenous Land Titles.” Australian Indigenous Law Reporter 9.4 (2005). ‹http://www.austlii.edu.au/au/journals/AILR/2005/64.html>.Wild, R., and P. Anderson. Ampe Akelyernemane Meke Mekarie: The Little Children Are Sacred. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Northern Territory: Northern Territory Government, 2007.
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Pearce, Lynne. "Diaspora." M/C Journal 14, no. 2 (May 1, 2011). http://dx.doi.org/10.5204/mcj.373.

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For the past twenty years, academics and other social commentators have, by and large, shared the view that the phase of modernity through which we are currently passing is defined by two interrelated catalysts of change: the physical movement of people and the virtual movement of information around the globe. As we enter the second decade of the new millennium, it is certainly a timely moment to reflect upon the ways in which the prognoses of the scholars and scientists writing in the late twentieth century have come to pass, especially since—during the time this special issue has been in press—the revolutions that are gathering pace in the Arab world appear to be realising the theoretical prediction that the ever-increasing “flows” of people and information would ultimately bring about the end of the nation-state and herald an era of transnationalism (Appadurai, Urry). For writers like Arjun Appadurai, moreover, the concept of diaspora was key to grasping how this new world order would take shape, and how it would operate: Diasporic public spheres, diverse amongst themselves, are the crucibles of a postnational political order. The engines of their discourse are mass media (both interactive and expressive) and the movement of refugees, activists, students, laborers. It may be that the emergent postnational order proves not to be a system of homogeneous units (as with the current system of nation-states) but a system based on relations between heterogeneous units (some social movements, some interest groups, some professional bodies, some non-governmental organizations, some armed constabularies, some judicial bodies) ... In the short run, as we can see already, it is likely to be a world of increased incivility and violence. In the longer run, free from the constraints of the nation form, we may find that cultural freedom and sustainable justice in the world do not presuppose the uniform and general existence of the nation-state. This unsettling possibility could be the most exciting dividend of living in modernity at large. (23) In this editorial, we would like to return to the “here and now” of the late 1990s in which theorists like Arjun Appaduri, Ulrich Beck, John Urry, Zygmunt Bauman, Robert Robertson and others were “imagining” the consequences of both globalisation and glocalisation for the twenty-first century in order that we may better assess what is, indeed, coming to pass. While most of their prognoses for this “second modernity” have proven remarkably accurate, it is their—self-confessed—inability to forecast either the nature or the extent of the digital revolution that most vividly captures the distance between the mid-1990s and now; and it is precisely the consequences of this extraordinary technological revolution on the twin concepts of “glocality” and “diaspora” that the research featured in this special issue seeks to capture. Glocal Imaginaries Appadurai’s endeavours to show how globalisation was rapidly making itself felt as a “structure of feeling” (Williams in Appadurai 189) as well as a material “fact” was also implicit in our conceptualisation of the conference, “Glocal Imaginaries: Writing/Migration/Place,” which gave rise to this special issue. This conference, which was the culmination of the AHRC-funded project “Moving Manchester: Literature/Migration/Place (2006-10)”, constituted a unique opportunity to gain an international, cross-disciplinary perspective on urgent and topical debates concerning mobility and migration in the early twenty-first century and the strand “Networked Diasporas” was one of the best represented on the program. Attracting papers on broadcast media as well as the new digital technologies, the strand was strikingly international in terms of the speakers’ countries of origin, as is this special issue which brings together research from six European countries, Australia and the Indian subcontinent. The “case-studies” represented in these articles may therefore be seen to constitute something of a “state-of-the-art” snapshot of how Appadurai’s “glocal imaginary” is being lived out across the globe in the early years of the twenty-first century. In this respect, the collection proves that his hunch with regards to the signal importance of the “mass-media” in redefining our spatial and temporal coordinates of being and belonging was correct: The third and final factor to be addressed here is the role of the mass-media, especially in its electronic forms, in creating new sorts of disjuncture between spatial and virtual neighborhoods. This disjuncture has both utopian and dystopian potentials, and there is no easy way to tell how these may play themselves out in the future of the production of locality. (194) The articles collected here certainly do serve as testament to the “bewildering plethora of changes in ... media environments” (195) that Appadurai envisaged, and yet it can clearly also be argued that this agent of glocalisation has not yet brought about the demise of the nation-state in the way (or at the speed) that many commentators predicted. Digital Diasporas in a Transnational World Reviewing the work of the leading social science theorists working in the field during the late 1990s, it quickly becomes evident that: (a) the belief that globalisation presented a threat to the nation-state was widely held; and (b) that the “jury” was undecided as to whether this would prove a good or bad thing in the years to come. While the commentators concerned did their best to complexify both their analysis of the present and their view of the future, it is interesting to observe, in retrospect, how the rhetoric of both utopia and dystopia invaded their discourse in almost equal measure. We have already seen how Appadurai, in his 1996 publication, Modernity at Large, looks beyond the “increased incivility and violence” of the “short term” to a world “free from the constraints of the nation form,” while Roger Bromley, following Agamben and Deleuze as well as Appadurai, typifies a generation of literary and cultural critics who have paid tribute to the way in which the arts (and, in particular, storytelling) have enabled subjects to break free from their national (af)filiations (Pearce, Devolving 17) and discover new “de-territorialised” (Deleuze and Guattari) modes of being and belonging. Alongside this “hope,” however, the forces and agents of globalisation were also regarded with a good deal of suspicion and fear, as is evidenced in Ulrich Beck’s What is Globalization? In his overview of the theorists who were then perceived to be leading the debate, Beck draws distinctions between what was perceived to be the “engine” of globalisation (31), but is clearly most exercised by the manner in which the transformation has taken shape: Without a revolution, without even any change in laws or constitutions, an attack has been launched “in the normal course of business”, as it were, upon the material lifelines of modern national societies. First, the transnational corporations are to export jobs to parts of the world where labour costs and workplace obligations are lowest. Second, the computer-generation of worldwide proximity enables them to break down and disperse goods and services, and produce them through a division of labour in different parts of the world, so that national and corporate labels inevitably become illusory. (3; italics in the original) Beck’s concern is clearly that all these changes have taken place without the nation-states of the world being directly involved in any way: transnational corporations began to take advantage of the new “mobility” available to them without having to secure the agreement of any government (“Companies can produce in one country, pay taxes in another and demand state infrastructural spending in yet another”; 4-5); the export of the labour market through the use of digital communications (stereotypically, call centres in India) was similarly unregulated; and the world economy, as a consequence, was in the process of becoming detached from the processes of either production or consumption (“capitalism without labour”; 5-7). Vis-à-vis the dystopian endgame of this effective “bypassing” of the nation-state, Beck is especially troubled about the fate of the human rights legislation that nation-states around the world have developed, with immense effort and over time (e.g. employment law, trade unions, universal welfare provision) and cites Zygmunt Bauman’s caution that globalisation will, at worst, result in widespread “global wealth” and “local poverty” (31). Further, he ends his book with a fully apocalyptic vision, “the Brazilianization of Europe” (161-3), which unapologetically calls upon the conventions of science fiction to imagine a worst-case scenario for a Europe without nations. While fourteen or fifteen years is evidently not enough time to put Beck’s prognosis to the test, most readers would probably agree that we are still some way away from such a Europe. Although the material wealth and presence of the transnational corporations strikes a chord, especially if we include the world banks and finance organisations in their number, the financial crisis that has rocked the world for the past three years, along with the wars in Iraq and Afghanistan, and the ascendancy of Al-Qaida (all things yet to happen when Beck was writing in 1997), has arguably resulted in the nations of Europe reinforcing their (respective and collective) legal, fiscal, and political might through rigorous new policing of their physical borders and regulation of their citizens through “austerity measures” of an order not seen since World War Two. In other words, while the processes of globalisation have clearly been instrumental in creating the financial crisis that Europe is presently grappling with and does, indeed, expose the extent to which the world economy now operates outside the control of the nation-state, the nation-state still exists very palpably for all its citizens (whether permanent or migrant) as an agent of control, welfare, and social justice. This may, indeed, cause us to conclude that Bauman’s vision of a world in which globalisation would make itself felt very differently for some groups than others came closest to what is taking shape: true, the transnationals have seized significant political and economic power from the nation-state, but this has not meant the end of the nation-state; rather, the change is being experienced as a re-trenching of whatever power the nation-state still has (and this, of course, is considerable) over its citizens in their “local”, everyday lives (Bauman 55). If we now turn to the portrait of Europe painted by the articles that constitute this special issue, we see further evidence of transglobal processes and practices operating in a realm oblivious to local (including national) concerns. While our authors are generally more concerned with the flows of information and “identity” than business or finance (Appaduri’s “ethnoscapes,” “technoscapes,” and “ideoscapes”: 33-7), there is the same impression that this “circulation” (Latour) is effectively bypassing the state at one level (the virtual), whilst remaining very materially bound by it at another. In other words, and following Bauman, we would suggest that it is quite possible for contemporary subjects to be both the agents and subjects of globalisation: a paradox that, as we shall go on to demonstrate, is given particularly vivid expression in the case of diasporic and/or migrant peoples who may be able to bypass the state in the manufacture of their “virtual” identities/communities) but who (Cohen) remain very much its subjects (or, indeed, “non-subjects”) when attempting movement in the material realm. Two of the articles in the collection (Leurs & Ponzanesi and Marcheva) deal directly with the exponential growth of “digital diasporas” (sometimes referred to as “e-diasporas”) since the inception of Facebook in 2004, and both provide specific illustrations of the way in which the nation-state both has, and has not, been transcended. First, it quickly becomes clear that for the (largely) “youthful” (Leurs & Ponzanesi) participants of nationally inscribed networking sites (e.g. “discovernikkei” (Japan), “Hyves” (Netherlands), “Bulgarians in the UK” (Bulgaria)), shared national identity is a means and not an end. In other words, although the participants of these sites might share in and actively produce a fond and nostalgic image of their “homeland” (Marcheva), they are rarely concerned with it as a material or political entity and an expression of their national identities is rapidly supplemented by the sharing of other (global) identity markers. Leurs & Ponzanesi invoke Deleuze and Guattari’s concept of the “rhizome” to describe the way in which social networkers “weave” a “rhizomatic path” to identity, gradually accumulating a hybrid set of affiliations. Indeed, the extent to which the “nation” disappears on such sites can be remarkable as was also observed in our investigation of the digital storytelling site, “Capture Wales” (BBC) (Pearce, "Writing"). Although this BBC site was set up to capture the voices of the Welsh nation in the early twenty-first century through a collection of (largely) autobiographical stories, very few of the participants mention either Wales or their “Welshness” in the stories that they tell. Further, where the “home” nation is (re)imagined, it is generally in an idealised, or highly personalised, form (e.g. stories about one’s own family) or through a sharing of (perceived and actual) cultural idiosyncrasies (Marcheva on “You know you’re a Bulgarian when …”) rather than an engagement with the nation-state per se. As Leurs & Ponzanesi observe: “We can see how the importance of the nation-state gets obscured as diasporic youth, through cultural hybridisation of youth culture and ethnic ties initiate subcultures and offer resistance to mainstream cultural forms.” Both the articles just discussed also note the shading of the “national” into the “transnational” on the social networking sites they discuss, and “transnationalism”—in the sense of many different nations and their diasporas being united through a common interest or cause—is also a focus of Pikner’s article on “collective actions” in Europe (notably, “EuroMayDay” and “My Estonia”) and Harb’s highly topical account of the role of both broadcast media (principally, Al-Jazeera) and social media in the revolutions and uprisings currently sweeping through the Arab world (spring 2011). On this point, it should be noted that Harb identifies this as the moment when Facebook’s erstwhile predominantly social function was displaced by a manifestly political one. From this we must conclude that both transnationalism and social media sites can be put to very different ends: while young people in relatively privileged democratic countries might embrace transnationalism as an expression of their desire to “rise above” national politics, the youth of the Arab world have engaged it as a means of generating solidarity for nationalist insurgency and liberation. Another instance of “g/local” digital solidarity exceeding national borders is to be found in Johanna Sumiala’s article on the circulatory power of the Internet in the Kauhajoki school shooting which took place Finland in 2008. As well as using the Internet to “stage manage” his rampage, the Kauhajoki shooter (whose name the author chose to withhold for ethical reasons) was subsequently found to have been a member of numerous Web-based “hate groups”, many of them originating in the United States and, as a consequence, may be understood to have committed his crime on behalf of a transnational community: what Sumiala has defined as a “networked community of destruction.” It must also be noted, however, that the school shootings were experienced as a very local tragedy in Finland itself and, although the shooter may have been psychically located in a transnational hyper-reality when he undertook the killings, it is his nation-state that has had to deal with the trauma and shame in the long term. Woodward and Brown & Rutherford, meanwhile, show that it remains the tendency of public broadcast media to uphold the raison d’être of the nation-state at the same time as embracing change. Woodward’s feature article (which reports on the AHRC-sponsored “Tuning In” project which has researched the BBC World Service) shows how the representation of national and diasporic “voices” from around the world, either in opposition to or in dialogue with the BBC’s own reporting, is key to the way in which the Commission has changed and modernised in recent times; however, she is also clear that many of the objectives that defined the service in its early days—such as its commitment to a distinctly “English” brand of education—still remain. Similarly, Brown & Rutherford’s article on the innovative Australian ABC children’s television series, My Place (which has combined traditional broadcasting with online, interactive websites) may be seen to be positively promoting the Australian nation by making visible its commitment to multiculturalism. Both articles nevertheless reveal the extent to which these public service broadcasters have recognised the need to respond to their nations’ changing demographics and, in particular, the fact that “diaspora” is a concept that refers not only to their English and Australian audiences abroad but also to their now manifestly multicultural audiences at home. When it comes to commercial satellite television, however, the relationship between broadcasting and national and global politics is rather harder to pin down. Subramanian exposes a complex interplay of national and global interests through her analysis of the Malayalee “reality television” series, Idea Star Singer. Exported globally to the Indian diaspora, the show is shamelessly exploitative in the way in which it combines residual and emergent ideologies (i.e. nostalgia for a traditional Keralayan way of life vs aspirational “western lifestyles”) in pursuit of its (massive) audience ratings. Further, while the ISS series is ostensibly a g/local phenomenon (the export of Kerala to the rest of the world rather than “India” per se), Subramanian passionately laments all the progressive national initiatives (most notably, the campaign for “women’s rights”) that the show is happy to ignore: an illustration of one of the negative consequences of globalisation predicted by Beck (31) noted at the start of this editorial. Harb, meanwhile, reflects upon a rather different set of political concerns with regards to commercial satellite broadcasting in her account of the role of Al-Jazeera and Al Arabiya in the recent (2011) Arab revolutions. Despite Al-Jazeera’s reputation for “two-sided” news coverage, recent events have exposed its complicity with the Qatari government; further, the uprisings have revealed the speed with which social media—in particular Facebook and Twitter—are replacing broadcast media. It is now possible for “the people” to bypass both governments and news corporations (public and private) in relaying the news. Taken together, then, what our articles would seem to indicate is that, while the power of the nation-state has notionally been transcended via a range of new networking practices, this has yet to undermine its material power in any guaranteed way (witness recent counter-insurgencies in Libya, Bahrain, and Syria).True, the Internet may be used to facilitate transnational “actions” against the nation-state (individual or collective) through a variety of non-violent or violent actions, but nation-states around the world, and especially in Western Europe, are currently wielding immense power over their subjects through aggressive “austerity measures” which have the capacity to severely compromise the freedom and agency of the citizens concerned through widespread unemployment and cuts in social welfare provision. This said, several of our articles provide evidence that Appadurai’s more utopian prognoses are also taking shape. Alongside the troubling possibility that globalisation, and the technologies that support it, is effectively eroding “difference” (be this national or individual), there are the ever-increasing (and widely reported) instances of how digital technology is actively supporting local communities and actions around the world in ways that bypass the state. These range from the relatively modest collective action, “My Estonia”, featured in Pikner’s article, to the ways in which the Libyan diaspora in Manchester have made use of social media to publicise and support public protests in Tripoli (Harb). In other words, there is compelling material evidence that the heterogeneity that Appadurai predicted and hoped for has come to pass through the people’s active participation in (and partial ownership of) media practices. Citizens are now able to “interfere” in the representation of their lives as never before and, through the digital revolution, communicate with one another in ways that circumvent state-controlled broadcasting. We are therefore pleased to present the articles that follow as a lively, interdisciplinary and international “state-of-the-art” commentary on how the ongoing revolution in media and communication is responding to, and bringing into being, the processes and practices of globalisation predicted by Appadurai, Beck, Bauman, and others in the 1990s. The articles also speak to the changing nature of the world’s “diasporas” during this fifteen year time frame (1996-2011) and, we trust, will activate further debate (following Cohen) on the conceptual tensions that now manifestly exist between “virtual” and “material” diasporas and also between the “transnational” diasporas whose objective is to transcend the nation-state altogether and those that deploy social media for specifically local or national/ist ends. Acknowledgements With thanks to the Arts and Humanities Research Council (UK) for their generous funding of the “Moving Manchester” project (2006-10). Special thanks to Dr Kate Horsley (Lancaster University) for her invaluable assistance as ‘Web Editor’ in the production of this special issue (we could not have managed without you!) and also to Gail Ferguson (our copy-editor) for her expertise in the preparation of the final typescript. References Appadurai, Arjun. Modernity at Large: Cultural Dimensions of Globalisation. Minneapolis: U of Minnesota P, 1996. Bauman, Zygmunt. Globalization. Cambridge: Polity, 1998. Beck, Ulrich. What is Globalization? Trans. Patrick Camiller. Cambridge: Polity, 2000 (1997). Bromley, Roger. Narratives for a New Belonging: Diasporic Cultural Fictions. Edinburgh: Edinburgh UP, 2000. Cohen, Robin. Global Diasporas. 2nd ed. London and New York: Routledge, 2008. Deleuze, Gilles, and Felix Guattari. A Thousand Plateaus: Capitalism and Schizophrenia. Trans. Brian Massumi. Minneapolis: U of Minnesota P, 1987. Latour, Bruno. Reassembling the Social: An Introduction to Actor-Network Theory. Oxford: Oxford UP, 1995. Pearce, Lynne, ed. Devolving Identities: Feminist Readings in Home and Belonging. London: Ashgate, 2000. Pearce, Lynne. “‘Writing’ and ‘Region’ in the Twenty-First Century: Epistemological Reflections on Regionally Located Art and Literature in the Wake of the Digital Revolution.” European Journal of Cultural Studies 13.1 (2010): 27-41. Robertson, Robert. Globalization: Social Theory and Global Culture. London: Sage, 1992. Urry, John. Sociology beyond Societies. London: Routledge, 1999. Williams, Raymond. Dream Worlds: Mass Consumption in Late Nineteenth-Century France. Berkeley: U of California P, 1982.
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Lambert, Anthony, and Elaine Kelly. "Coalition." M/C Journal 13, no. 6 (December 5, 2010). http://dx.doi.org/10.5204/mcj.327.

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"Birds of a feather (and colour) will flock (and fly) together." — Old English Proverb, 1545 (approx) While the notion of the 'coalition' is one normally associated with formalised alliances between political parties, coalitional affiliations are not limited to mainstream politics, and instead share a focus on strategy and outcome across the full range of human endeavours. Parties with varying priorities will put to one side their differences in order to focus on overlapping concerns. Thus coalitions come in all shapes and sizes and cross all walks of life: from families, clubs and teams to friendships, churches and sects, from companies and co-operatives to scientific formula, mathematical groupings and multimedia/multi person online gaming environments. This issue of M/C Journal mounts a timely critical reflection on the multiple contemporary meanings and uses of 'coalition' and coalitional thinking. Some of the questions the authors of this edition have addressed include: how does the notion of coalition inform political practices and powers? How have coalitions changed in recent times? What other (non-political party) coalitions exist and how might they work? How do coalitions inform understandings and expressions of race and whiteness, gender and sexuality, class and poverty, nations and borders? What does it mean to be 'post-coalitional' and how might we map persistence and change in recent political and non-political groupings and collectives? Recent history has revealed large cracks and major shifts in public and political alliances. In Australia for example, November 2007 marked a change in politics and culture that saw the demise of then Prime Minister John Howard and his Coalition government. The coupling of neoliberalism and social conservatism was said to be the hallmark of that government's commitment to 'old Australian values', to severe forms of border control, the refusal of same-sex marriage, scepticism toward climate change, and rapid privatisation policies for public services. The Coalition, it appeared, no longer represented the interests of the public. Since then, the incumbent Labor leader was deposed from within his own party, and Australia’s first female Prime Minister, after having lost a majority, formed a new coalition with smaller parties and independents in order to keep governing. This new coalition came in the wake of Britain’s 2010 election, in which the Conservatives joined with the Liberal Democrats to form the first ever British coalition government, and later was followed by the mid-term resurgence of Republican power in the American Lower House. And of course it was not too long ago that the ‘coalition of the willing', as a collective American-led force fighting the war-or-terror, fell apart in the later stages of the Bush administration, and that the 2008 shift in American politics to Barack Obama's presidency became a singular moment of international historical significance. We ask then, as connections to particular coalitions shift, what new affiliations are formed? And which aspects of older coalitions continue in the midst of change? What do regions, nations and individuals do when the groups they belong to fall apart or lose power? Larger coalitional shifts tell us much about culture, history, law, media, technology and human behaviour. As Australia and the Western world continually move away from supporting the power and policy of previously dominant groups, questions emerge as to the nature and ethics of collectives (of all kinds) as the expression of political, social and personal change. And despite these changes, borders are strengthened, and the associated fears of difference and otherness (from racism to war, Islamaphobia to homophobia) continue to reassert themselves across the globe. This logic of coalition is systematically unpacked and interrogated in this edition’s feature essay by Nick Mansfield. In “Coalition: The Politics of Decision”, Mansfield draws upon the work of Jacques Derrida to carefully analyse the implications of coalition for contemporary politics. Coalition can be distinguished from community or family, and is more akin to friendship, according to Mansfield. This is for two fundamental reasons: firstly, coalitions involve “decision”, and secondly, coalitions are always inevitably in relation to enmity. While coalitions start with a gesture of friendship, Mansfield argues via Derrida’s reading of Schmitt, that this category can slip into enemy territory. Mansfield’s paper uses this theoretical framework in order to comment on political action today. Indeed, each of the papers presented in this volume understand and illuminate ‘coalition’ as a critical tool or useful conceptual framework. In this collection, coalition is deployed in a manner which illuminates the relationships between different parties, interest groups, affiliational thinking and behaviours, and even the bodily senses. Coalitions are understood as contesting and reiterating dominant political paradigms and socio-cultural norms. Ann Deslandes, Randall Livingstone and Christopher Phillips bring our attention to the coalitions that contest dominant forms of political power. Deslandes’s thoughtful engagement with the ‘global justice movement’ focuses on the “ethical scene of activist coalition”. Deslandes examines what she terms the three ethics of coalition, risk, prayer and gift. In so doing, she asks important questions of privileged activists, who must risk the possibility of repeating “domination”. In both Livingston and Phillips, the Internet is a primary tool and site for critical engagement. Livingstone’s paper looks at the “virtual coalition” of online editors concerned with combating Western bias on the major Web encyclopaedia Wikipedia: “WikiProject: Countering Systemic Bias”. Since its inception in 2001, Wikipedia has grown in popularity to be one of the most accessed websites available. This research provides much needed insight into the extent to which Western bias frames the information uploaded to Wiki. At a time when there is a temptation to regard the Internet as liberatory, discussion of its uneven political power is significant. After all, as Livingstone reiterates, the Web does not dissolve border and boundaries. Further exploring relations between visibility and democracy. Phillips takes Gailbraith’s A Good Society as a starting point for a discussion of how contemporary coalitions work, and what larger coalitions of previously marginalised or silenced groups might look like. In this way, Phillips asks if Gailbraith’s vision has been borne out in the American context with particular reference to the 2008 Obama campaign’s use of Internet technologies and the more recent rise of the Tea Party to a position of considerable influence. Given the surprising similarities between such opposing forces, might an understanding of the coalitional ground shared by both be possible? An ongoing theme of this edition of M/C is its engagement with the current local/global coalitional and post-coalitional conditions in which people live - from larger contexts of geopolitics through to the micropolitics of everyday practices, pleasures and identifications. Elaine Kelly engages with the changes to land rights legislation in Australia over the past five years, with the Northern Territory Intervention and more recently with the decision by the Labor Party to uphold the nomination of Muckaty as a site for nuclear waste. Kelly extends the discussion of coalition to encompass its etymology – to grow together. Framing her discussing using critical race and whiteness theory, Kelly argues that private and governmental coalitional interests are at play in land rights reform. This in turn reiterates a relationship between neoliberalism and social conservatism which prompts the question: in whose interests is this “growth”?Also in the Australian context, Anthony Lambert’s paper “Rainbow Blindness” filters contemporary government attitudes and legislative change with respect to marriage and same-sex relationships through the effects of recent coalitional changes in the Australian and global political landscape. Lambert argues that the confusion surrounding the issue of gay marriage and the blurring/changes within political positions constitutes Australia as living within a ‘post-coalitional’ framework – one defined by persistence and change, where a new sensibility towards equity and difference is accompanied by the reassertion of larger coalitional affiliations and normative regimes. Duncan McKay’s paper sees a coalitional model of engagement as potentially providing productive possibilities between governmental bodies and the Western Australian Arts community. McKay passionately critiques the WA Department of Culture and the Arts (DCA) policy document Creating Value arguing that it “may be considered that the DCA and many WA cultural producers may not be engaged in the same project at all, let alone be in effective partnership or coalition”. Blair McDonald’s poetic contribution contends that out of a reading of Foucauldian resistance to sexual norms, new coalitions of behaviour and identity may be possible. In a coalitional context, Foucault cannot and does not simply seek to exit the networks of power and sexuality that he himself constructs. In retracing Foucault’s attention to power and sex-desire, the author seeks a movement toward “new coalitions” or “rallying points” at the limits of bodies and pleasures; in the bodies that are as yet ”unformed” and pleasures that are as yet “unknown”. Meanwhile, Lauren Cruikshank’s “Synaestheory: Fleshing Out a Coalition of the Senses” demonstrates how understanding the relationship between senses as coalitional breaks down the Cartesian dominance regarding subjectivity as exemplified by the mind/body split. Cruikshank’s careful analysis also challenges the privileging of vision in Western culture. As noted above, around the world, many new coalitional minority governments have taken power in recent times. In Australia, Christopher Payne of the Liberal Party referred to the negotiations following the August 2010 election (which resulted in a hung parliament) as Labor, the Independents and the Greens “trying to put together a coalition of the mongoose and the cobra” (ABC). Here, Payne attempts to cast doubt over the stability of this sort of coalition, by positing the Greens as the cobra and the Independents as potential pray to be attacked and devoured. More importantly, Payne has referenced, as this collection of papers does, the changeability of coalitions, and the sometimes antagonistic relationships that may need to co-exist in coalitions of all kinds. ReferencesAustralian Broadcasting Authority (ABC) Online News. “Pyne Warns of Labor ‘Mongoose and Cobra Coalition.” 4 Sep. 2010. 1 Dec. 2010 ‹http://www.abc.net.au/news/stories/2010/09/04/3002524.htm›.
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38

Goggin, Gerard. "Broadband." M/C Journal 6, no. 4 (August 1, 2003). http://dx.doi.org/10.5204/mcj.2219.

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Connecting I’ve moved house on the weekend, closer to the centre of an Australian capital city. I had recently signed up for broadband, with a major Australian Internet company (my first contact, cf. Turner). Now I am the proud owner of a larger modem than I have ever owned: a white cable modem. I gaze out into our new street: two thick black cables cosseted in silver wire. I am relieved. My new home is located in one of those streets, double-cabled by Telstra and Optus in the data-rush of the mid-1990s. Otherwise, I’d be moth-balling the cable modem, and the thrill of my data percolating down coaxial cable. And it would be off to the computer supermarket to buy an ASDL modem, then to pick a provider, to squeeze some twenty-first century connectivity out of old copper (the phone network our grandparents and great-grandparents built). If I still lived in the country, or the outskirts of the city, or anywhere else more than four kilometres from the phone exchange, and somewhere that cable pay TV will never reach, it would be a dish for me — satellite. Our digital lives are premised upon infrastructure, the networks through which we shape what we do, fashion the meanings of our customs and practices, and exchange signs with others. Infrastructure is not simply the material or the technical (Lamberton), but it is the dense, fibrous knotting together of social visions, cultural resources, individual desires, and connections. No more can one easily discern between ‘society’ and ‘technology’, ‘carriage’ and ‘content’, ‘base’ and ‘superstructure’, or ‘infrastructure’ and ‘applications’ (or ‘services’ or ‘content’). To understand telecommunications in action, or the vectors of fibre, we need to consider the long and heterogeneous list of links among different human and non-human actors — the long networks, to take Bruno Latour’s evocative concept, that confect our broadband networks (Latour). The co-ordinates of our infrastructure still build on a century-long history of telecommunications networks, on the nineteenth-century centrality of telegraphy preceding this, and on the histories of the public and private so inscribed. Yet we are in the midst of a long, slow dismantling of the posts-telegraph-telephone (PTT) model of the monopoly carrier for each nation that dominated the twentieth century, with its deep colonial foundations. Instead our New World Information and Communication Order is not the decolonising UNESCO vision of the late 1970s and early 1980s (MacBride, Maitland). Rather it is the neoliberal, free trade, market access model, its symbol the 1984 US judicial decision to require the break-up of AT&T and the UK legislation in the same year that underpinned the Thatcherite twin move to privatize British Telecom and introduce telecommunications competition. Between 1984 and 1999, 110 telecommunications companies were privatized, and the ‘acquisition of privatized PTOs [public telecommunications operators] by European and American operators does follow colonial lines’ (Winseck 396; see also Mody, Bauer & Straubhaar). The competitive market has now been uneasily installed as the paradigm for convergent communications networks, not least with the World Trade Organisation’s 1994 General Agreement on Trade in Services and Annex on Telecommunications. As the citizen is recast as consumer and customer (Goggin, ‘Citizens and Beyond’), we rethink our cultural and political axioms as well as the axes that orient our understandings in this area. Information might travel close to the speed of light, and we might fantasise about optical fibre to the home (or pillow), but our terrain, our band where the struggle lies today, is narrower than we wish. Begging for broadband, it seems, is a long way from warchalking for WiFi. Policy Circuits The dreary everyday business of getting connected plugs the individual netizen into a tangled mess of policy circuits, as much as tricky network negotiations. Broadband in mid-2003 in Australia is a curious chimera, welded together from a patchwork of technologies, old and newer communications industries, emerging economies and patterns of use. Broadband conjures up grander visions, however, of communication and cultural cornucopia. Broadband is high-speed, high-bandwidth, ‘always-on’, networked communications. People can send and receive video, engage in multimedia exchanges of all sorts, make the most of online education, realise the vision of home-based work and trading, have access to telemedicine, and entertainment. Broadband really entered the lexicon with the mass takeup of the Internet in the early to mid-1990s, and with the debates about something called the ‘information superhighway’. The rise of the Internet, the deregulation of telecommunications, and the involuted convergence of communications and media technologies saw broadband positioned at the centre of policy debates nearly a decade ago. In 1993-1994, Australia had its Broadband Services Expert Group (BSEG), established by the then Labor government. The BSEG was charged with inquiring into ‘issues relating to the delivery of broadband services to homes, schools and businesses’. Stung by criticisms of elite composition (a narrow membership, with only one woman among its twelve members, and no consumer or citizen group representation), the BSEG was prompted into wider public discussion and consultation (Goggin & Newell). The then Bureau of Transport and Communications Economics (BTCE), since transmogrified into the Communications Research Unit of the Department of Communications, Information Technology and the Arts (DCITA), conducted its large-scale Communications Futures Project (BTCE and Luck). The BSEG Final report posed the question starkly: As a society we have choices to make. If we ignore the opportunities we run the risk of being left behind as other countries introduce new services and make themselves more competitive: we will become consumers of other countries’ content, culture and technologies rather than our own. Or we could adopt new technologies at any cost…This report puts forward a different approach, one based on developing a new, user-oriented strategy for communications. The emphasis will be on communication among people... (BSEG v) The BSEG proposed a ‘National Strategy for New Communications Networks’ based on three aspects: education and community access, industry development, and the role of government (BSEG x). Ironically, while the nation, or at least its policy elites, pondered the weighty question of broadband, Australia’s two largest telcos were doing it. The commercial decision of Telstra/Foxtel and Optus Vision, and their various television partners, was to nail their colours (black) to the mast, or rather telegraph pole, and to lay cable in the major capital cities. In fact, they duplicated the infrastructure in cities such as Sydney and Melbourne, then deciding it would not be profitable to cable up even regional centres, let alone small country towns or settlements. As Terry Flew and Christina Spurgeon observe: This wasteful duplication contrasted with many other parts of the country that would never have access to this infrastructure, or to the social and economic benefits that it was perceived to deliver. (Flew & Spurgeon 72) The implications of this decision for Australia’s telecommunications and television were profound, but there was little, if any, public input into this. Then Minister Michael Lee was very proud of his anti-siphoning list of programs, such as national sporting events, that would remain on free-to-air television rather than screen on pay, but was unwilling, or unable, to develop policy on broadband and pay TV cable infrastructure (on the ironies of Australia’s television history, see Given’s masterly account). During this period also, it may be remembered, Australia’s Internet was being passed into private hands, with the tendering out of AARNET (see Spurgeon for discussion). No such national strategy on broadband really emerged in the intervening years, nor has the market provided integrated, accessible broadband services. In 1997, landmark telecommunications legislation was enacted that provided a comprehensive framework for competition in telecommunications, as well as consolidating and extending consumer protection, universal service, customer service standards, and other reforms (CLC). Carrier and reseller competition had commenced in 1991, and the 1997 legislation gave it further impetus. Effective competition is now well established in long distance telephone markets, and in mobiles. Rivalrous competition exists in the market for local-call services, though viable alternatives to Telstra’s dominance are still few (Fels). Broadband too is an area where there is symbolic rivalry rather than effective competition. This is most visible in advertised ADSL offerings in large cities, yet most of the infrastructure for these services is comprised by Telstra’s copper, fixed-line network. Facilities-based duopoly competition exists principally where Telstra/Foxtel and Optus cable networks have been laid, though there are quite a number of ventures underway by regional telcos, power companies, and, most substantial perhaps, the ACT government’s TransACT broadband network. Policymakers and industry have been greatly concerned about what they see as slow takeup of broadband, compared to other countries, and by barriers to broadband competition and access to ‘bottleneck’ facilities (such as Telstra or Optus’s networks) by potential competitors. The government has alternated between trying to talk up broadband benefits and rates of take up and recognising the real difficulties Australia faces as a large country with a relative small and dispersed population. In March 2003, Minister Alston directed the ACCC to implement new monitoring and reporting arrangements on competition in the broadband industry. A key site for discussion of these matters has been the competition policy institution, the Australian Competition and Consumer Commission, and its various inquiries, reports, and considerations (consult ACCC’s telecommunications homepage at http://www.accc.gov.au/telco/fs-telecom.htm). Another key site has been the Productivity Commission (http://www.pc.gov.au), while a third is the National Office on the Information Economy (NOIE - http://www.noie.gov.au/projects/access/access/broadband1.htm). Others have questioned whether even the most perfectly competitive market in broadband will actually provide access to citizens and consumers. A great deal of work on this issue has been undertaken by DCITA, NOIE, the regulators, and industry bodies, not to mention consumer and public interest groups. Since 1997, there have been a number of governmental inquiries undertaken or in progress concerning the takeup of broadband and networked new media (for example, a House of Representatives Wireless Broadband Inquiry), as well as important inquiries into the still most strategically important of Australia’s companies in this area, Telstra. Much of this effort on an ersatz broadband policy has been piecemeal and fragmented. There are fundamental difficulties with the large size of the Australian continent and its harsh terrain, the small size of the Australian market, the number of providers, and the dominant position effectively still held by Telstra, as well as Singtel Optus (Optus’s previous overseas investors included Cable & Wireless and Bell South), and the larger telecommunications and Internet companies (such as Ozemail). Many consumers living in metropolitan Australia still face real difficulties in realising the slogan ‘bandwidth for all’, but the situation in parts of rural Australia is far worse. Satellite ‘broadband’ solutions are available, through Telstra Countrywide or other providers, but these offer limited two-way interactivity. Data can be received at reasonable speeds (though at far lower data rates than how ‘broadband’ used to be defined), but can only be sent at far slower rates (Goggin, Rural Communities Online). The cultural implications of these digital constraints may well be considerable. Computer gamers, for instance, are frustrated by slow return paths. In this light, the final report of the January 2003 Broadband Advisory Group (BAG) is very timely. The BAG report opens with a broadband rhapsody: Broadband communications technologies can deliver substantial economic and social benefits to Australia…As well as producing productivity gains in traditional and new industries, advanced connectivity can enrich community life, particularly in rural and regional areas. It provides the basis for integration of remote communities into national economic, cultural and social life. (BAG 1, 7) Its prescriptions include: Australia will be a world leader in the availability and effective use of broadband...and to capture the economic and social benefits of broadband connectivity...Broadband should be available to all Australians at fair and reasonable prices…Market arrangements should be pro-competitive and encourage investment...The Government should adopt a National Broadband Strategy (BAG 1) And, like its predecessor nine years earlier, the BAG report does make reference to a national broadband strategy aiming to maximise “choice in work and recreation activities available to all Australians independent of location, background, age or interests” (17). However, the idea of a national broadband strategy is not something the BAG really comes to grips with. The final report is keen on encouraging broadband adoption, but not explicit on how barriers to broadband can be addressed. Perhaps this is not surprising given that the membership of the BAG, dominated by representatives of large corporations and senior bureaucrats was even less representative than its BSEG predecessor. Some months after the BAG report, the Federal government did declare a broadband strategy. It did so, intriguingly enough, under the rubric of its response to the Regional Telecommunications Inquiry report (Estens), the second inquiry responsible for reassuring citizens nervous about the full-privatisation of Telstra (the first inquiry being Besley). The government’s grand $142.8 million National Broadband Strategy focusses on the ‘broadband needs of regional Australians, in partnership with all levels of government’ (Alston, ‘National Broadband Strategy’). Among other things, the government claims that the Strategy will result in “improved outcomes in terms of services and prices for regional broadband access; [and] the development of national broadband infrastructure assets.” (Alston, ‘National Broadband Strategy’) At the same time, the government announced an overall response to the Estens Inquiry, with specific safeguards for Telstra’s role in regional communications — a preliminary to the full Telstra sale (Alston, ‘Future Proofing’). Less publicised was the government’s further initiative in indigenous telecommunications, complementing its Telecommunications Action Plan for Remote Indigenous Communities (DCITA). Indigenous people, it can be argued, were never really contemplated as citizens with the ken of the universal service policy taken to underpin the twentieth-century government monopoly PTT project. In Australia during the deregulatory and re-regulatory 1990s, there was a great reluctance on the part of Labor and Coalition Federal governments, Telstra and other industry participants, even to research issues of access to and use of telecommunications by indigenous communicators. Telstra, and to a lesser extent Optus (who had purchased AUSSAT as part of their licence arrangements), shrouded the issue of indigenous communications in mystery that policymakers were very reluctant to uncover, let alone systematically address. Then regulator, the Australian Telecommunications Authority (AUSTEL), had raised grave concerns about indigenous telecommunications access in its 1991 Rural Communications inquiry. However, there was no government consideration of, nor research upon, these issues until Alston commissioned a study in 2001 — the basis for the TAPRIC strategy (DCITA). The elision of indigenous telecommunications from mainstream industry and government policy is all the more puzzling, if one considers the extraordinarily varied and significant experiments by indigenous Australians in telecommunications and Internet (not least in the early work of the Tanami community, made famous in media and cultural studies by the writings of anthropologist Eric Michaels). While the government’s mid-2003 moves on a ‘National Broadband Strategy’ attend to some details of the broadband predicament, they fall well short of an integrated framework that grasps the shortcomings of the neoliberal communications model. The funding offered is a token amount. The view from the seat of government is a glance from the rear-view mirror: taking a snapshot of rural communications in the years 2000-2002 and projecting this tableau into a safety-net ‘future proofing’ for the inevitable turning away of a fully-privately-owned Telstra from its previously universal, ‘carrier of last resort’ responsibilities. In this aetiolated, residualist policy gaze, citizens remain constructed as consumers in a very narrow sense in this incremental, quietist version of state securing of market arrangements. What is missing is any more expansive notion of citizens, their varied needs, expectations, uses, and cultural imaginings of ‘always on’ broadband networks. Hybrid Networks “Most people on earth will eventually have access to networks that are all switched, interactive, and broadband”, wrote Frances Cairncross in 1998. ‘Eventually’ is a very appropriate word to describe the parlous state of broadband technology implementation. Broadband is in a slow state of evolution and invention. The story of broadband so far underscores the predicament for Australian access to bandwidth, when we lack any comprehensive, integrated, effective, and fair policy in communications and information technology. We have only begun to experiment with broadband technologies and understand their evolving uses, cultural forms, and the sense in which they rework us as subjects. Our communications networks are not superhighways, to invoke an enduring artefact from an older technology. Nor any longer are they a single ‘public’ switched telecommunications network, like those presided over by the post-telegraph-telephone monopolies of old. Like roads themselves, or the nascent postal system of the sixteenth century, broadband is a patchwork quilt. The ‘fibre’ of our communications networks is hybrid. To be sure, powerful corporations dominate, like the Tassis or Taxis who served as postmasters to the Habsburg emperors (Briggs & Burke 25). Activating broadband today provides a perspective on the path dependency of technology history, and how we can open up new threads of a communications fabric. Our options for transforming our multitudinous networked lives emerge as much from everyday tactics and strategies as they do from grander schemes and unifying policies. We may care to reflect on the waning potential for nation-building technology, in the wake of globalisation. We no longer gather our imagined community around a Community Telephone Plan as it was called in 1960 (Barr, Moyal, and PMG). Yet we do require national and international strategies to get and stay connected (Barr), ideas and funding that concretely address the wider dimensions of access and use. We do need to debate the respective roles of Telstra, the state, community initiatives, and industry competition in fair telecommunications futures. Networks have global reach and require global and national integration. Here vision, co-ordination, and resources are urgently required for our commonweal and moral fibre. To feel the width of the band we desire, we need to plug into and activate the policy circuits. Thanks to Grayson Cooke, Patrick Lichty, Ned Rossiter, John Pace, and an anonymous reviewer for helpful comments. Works Cited Alston, Richard. ‘ “Future Proofing” Regional Communications.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.php> —. ‘A National Broadband Strategy.’ Department of Communications, Information Technology and the Arts, Canberra, 2003. 17 July 2003 <http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.php>. Australian Competition and Consumer Commission (ACCC). Broadband Services Report March 2003. Canberra: ACCC, 2003. 17 July 2003 <http://www.accc.gov.au/telco/fs-telecom.htm>. —. Emerging Market Structures in the Communications Sector. Canberra: ACCC, 2003. 15 July 2003 <http://www.accc.gov.au/pubs/publications/utilities/telecommu... ...nications/Emerg_mar_struc.doc>. Barr, Trevor. new media.com: The Changing Face of Australia’s Media and Telecommunications. Sydney: Allen & Unwin, 2000. Besley, Tim (Telecommunications Service Inquiry). Connecting Australia: Telecommunications Service Inquiry. Canberra: Department of Information, Communications and the Arts, 2000. 17 July 2003 <http://www.telinquiry.gov.au/final_report.php>. Briggs, Asa, and Burke, Peter. A Social History of the Internet: From Gutenberg to the Internet. Cambridge: Polity, 2002. Broadband Advisory Group. Australia’s Broadband Connectivity: The Broadband Advisory Group’s Report to Government. Melbourne: National Office on the Information Economy, 2003. 15 July 2003 <http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm>. Broadband Services Expert Group. Networking Australia’s Future: Final Report. Canberra: Australian Government Publishing Service (AGPS), 1994. Bureau of Transport and Communications Economics (BTCE). Communications Futures Final Project. Canberra: AGPS, 1994. Cairncross, Frances. The Death of Distance: How the Communications Revolution Will Change Our Lives. London: Orion Business Books, 1997. Communications Law Centre (CLC). Australian Telecommunications Regulation: The Communications Law Centre Guide. 2nd edition. Sydney: Communications Law Centre, University of NSW, 2001. Department of Communications, Information Technology and the Arts (DCITA). Telecommunications Action Plan for Remote Indigenous Communities: Report on the Strategic Study for Improving Telecommunications in Remote Indigenous Communities. Canberra: DCITA, 2002. Estens, D. Connecting Regional Australia: The Report of the Regional Telecommunications Inquiry. Canberra: DCITA, 2002. <http://www.telinquiry.gov.au/rti-report.php>, accessed 17 July 2003. Fels, Alan. ‘Competition in Telecommunications’, speech to Australian Telecommunications Users Group 19th Annual Conference. 6 March, 2003, Sydney. <http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc>, accessed 15 July 2003. Flew, Terry, and Spurgeon, Christina. ‘Television After Broadcasting’. In The Australian TV Book. Ed. Graeme Turner and Stuart Cunningham. Allen & Unwin, Sydney. 69-85. 2000. Given, Jock. Turning Off the Television. Sydney: UNSW Press, 2003. Goggin, Gerard. ‘Citizens and Beyond: Universal service in the Twilight of the Nation-State.’ In All Connected?: Universal Service in Telecommunications, ed. Bruce Langtry. Melbourne: University of Melbourne Press, 1998. 49-77 —. Rural Communities Online: Networking to link Consumers to Providers. Melbourne: Telstra Consumer Consultative Council, 2003. Goggin, Gerard, and Newell, Christopher. Digital Disability: The Social Construction of Disability in New Media. Lanham, MD: Rowman & Littlefield, 2003. House of Representatives Standing Committee on Communications, Information Technology and the Arts (HoR). Connecting Australia!: Wireless Broadband. Report of Inquiry into Wireless Broadband Technologies. Canberra: Parliament House, 2002. <http://www.aph.gov.au/house/committee/cita/Wbt/report.htm>, accessed 17 July 2003. Lamberton, Don. ‘A Telecommunications Infrastructure is Not an Information Infrastructure’. Prometheus: Journal of Issues in Technological Change, Innovation, Information Economics, Communication and Science Policy 14 (1996): 31-38. Latour, Bruno. Science in Action: How to Follow Scientists and Engineers Through Society. Cambridge, MA: Harvard University Press, 1987. Luck, David. ‘Revisiting the Future: Assessing the 1994 BTCE communications futures project.’ Media International Australia 96 (2000): 109-119. MacBride, Sean (Chair of International Commission for the Study of Communication Problems). Many Voices, One World: Towards a New More Just and More Efficient World Information and Communication Order. Paris: Kegan Page, London. UNESCO, 1980. Maitland Commission (Independent Commission on Worldwide Telecommunications Development). The Missing Link. Geneva: International Telecommunications Union, 1985. Michaels, Eric. Bad Aboriginal Art: Tradition, Media, and Technological Horizons. Sydney: Allen & Unwin, 1994. Mody, Bella, Bauer, Johannes M., and Straubhaar, Joseph D., eds. Telecommunications Politics: Ownership and Control of the Information Highway in Developing Countries. Mahwah, NJ: Erlbaum, 1995. Moyal, Ann. Clear Across Australia: A History of Telecommunications. Melbourne: Thomas Nelson, 1984. Post-Master General’s Department (PMG). Community Telephone Plan for Australia. Melbourne: PMG, 1960. Productivity Commission (PC). Telecommunications Competition Regulation: Inquiry Report. Report No. 16. Melbourne: Productivity Commission, 2001. <http://www.pc.gov.au/inquiry/telecommunications/finalreport/>, accessed 17 July 2003. Spurgeon, Christina. ‘National Culture, Communications and the Information Economy.’ Media International Australia 87 (1998): 23-34. Turner, Graeme. ‘First Contact: coming to terms with the cable guy.’ UTS Review 3 (1997): 109-21. Winseck, Dwayne. ‘Wired Cities and Transnational Communications: New Forms of Governance for Telecommunications and the New Media’. In The Handbook of New Media: Social Shaping and Consequences of ICTs, ed. Leah A. Lievrouw and Sonia Livingstone. London: Sage, 2002. 393-409. World Trade Organisation. General Agreement on Trade in Services: Annex on Telecommunications. Geneva: World Trade Organisation, 1994. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm>. —. Fourth protocol to the General Agreement on Trade in Services. Geneva: World Trade Organisation. 17 July 2003 <http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm>. Links http://www.accc.gov.au/pubs/publications/utilities/telecommunications/Emerg_mar_struc.doc http://www.accc.gov.au/speeches/2003/Fels_ATUG_6March03.doc http://www.accc.gov.au/telco/fs-telecom.htm http://www.aph.gov.au/house/committee/cita/Wbt/report.htm http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115485,00.html http://www.dcita.gov.au/Article/0,,0_1-2_3-4_115486,00.html http://www.noie.gov.au/projects/access/access/broadband1.htm http://www.noie.gov.au/publications/NOIE/BAG/report/index.htm http://www.pc.gov.au http://www.pc.gov.au/inquiry/telecommunications/finalreport/ http://www.telinquiry.gov.au/final_report.html http://www.telinquiry.gov.au/rti-report.html http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm http://www.wto.org/english/tratop_e/serv_e/4prote_e.htm Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Goggin, Gerard. "Broadband" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0308/02-featurebroadband.php>. APA Style Goggin, G. (2003, Aug 26). Broadband. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0308/02-featurebroadband.php>
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39

Bruns, Axel. "Fight for Survival." M/C Journal 6, no. 1 (February 1, 2003). http://dx.doi.org/10.5204/mcj.2142.

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Abstract:
All we hear is radio gaga, radio googoo, radio blahblah Radio, what’s new? Radio, someone still loves you Queen, “Radio Gaga” Someone still loves radio—and more people are beginning to discover its online form, Webcasting, as an alternative to terrestrial radio stations. Online radio allows listeners to swap local radio fare for more exotic programming, turning everyday PCs into world receivers, and offers a large variety of special-interest Webcasts catering to very genre-specific tastes. (Spinner.com, one of the largest commercial Webcasters, offers some 175 channels from Abstract Beats to Zydeco, for example.) For independent music labels whose content would never be played on mainstream terrestrial radio, Webcasting has become a major source of exposure. Unlike filesharing, however, Webcasts remain largely ephemeral: no permanent copy of radio content can be created on the user’s computer unless authorised by the Webcaster, or unless users specifically seek out software like Streambox VCR which circumvents such restrictions. Yet in the U.S. the year 2002 saw a protracted battle for the future of webcasting, waged between the Recording Industry Association of America (RIAA) and its royalty collection agency SoundExchange on one side, and a loose coalition of Webcasters on the other. Mirroring the sustained attack on filesharing services, the battle over Webcasting demonstrates once again the hardline position the RIAA has adopted in its dealings with new media music services. In the filesharing arena, we have seen the demise of early services such as Napster and their replacement with deliberately crippled, recording industry-run alternatives or more powerful underground services. In its approach to Webcasting, the RIAA similarly attempted to push through a solution that would have made Internet radio unaffordable to any but the major players in the industry. Its involvement in this fight provides a useful illustration of the shortcomings of the music industry’s strategy for dealing with new, Internet-based media. Casus Belli Prior to 2002, the battlelines had been drawn already. When the grandly named Digital Millennium Copyright Act (DMCA) became law in the U.S. in late October 1998, it introduced a requirement for royalties to be paid by online stations. Rates for such fees were to be determined according to a ‘willing buyer/willing seller’ model—in other words, they were expected to reflect what would be ‘standard’ fees in an established digital media market, as determined by an independent Copyright Arbitration Royalty Panel (CARP). Once set, royalties dating back to the date of passage of the DMCA were then to be paid retroactively by Webcasters. While agreements over performing rights (royalties due to the authors of copyrighted material) resulted in a requirement for Webcasters to pay an average rate of around 3% of their annual revenue, no decision had yet been made about royalties for sound recordings (due to the actual performers of a specific piece) as late as 2001, raising fears of a significant backlog of accumulated fees for at least three years suddenly burdening an industry which had yet to prove its profitability. Some Webcasters even pre-emptively began pulling the plug on their channels (see e.g. Borland). The Copyright Arbitration Royalty Panel (CARP) on Webcasting held its deliberations on a royalty fee structure during the second half of 2001, with submissions by the key parties. The RIAA demanded a payment of around 0.4¢ per song/ per listener. By contrast the Digital Media Association, on behalf of Webcasters, offered 0.14¢ per song/per hour (regardless of the number of listeners). The CARP recommendation markedly reduced the RIAA’s proposed fees, but retained the suggested per song/per listener royalty structure. Librarian of Congress James H. Billington rejected this recommendation but replaced it with a virtually identical model of 0.07¢ per song/per listener for commercial Webcasters, or about 18% of the original RIAA rate (Copyright Office). This still meant significant royalty fees for Webcasters: assuming an average of 10 songs per hour and 100 listeners per channel at any one time, Webcasters broadcasting only one channel, 24 hours a day, would have to pay around $6,100 per year (and this retroactively back to 1998), even though this small audience would be unlikely to generate any income. This fee punished stations for becoming moderately popular, as increasing average audience to 1000 would increase payable royalties to $61,000, while profit might still prove elusive. This was prohibitively expensive for smaller, start-up players, and contributed to a growing list of Webcasters switching off their streams in the belief that they had lost their fight for survival. By contrast U.S. terrestrial radio stations are exempt altogether from paying any royalties to the RIAA because their work is seen as providing a ‘promotional service’ to the music industry. Examining the RIAA Strategy and Its Motives Any negotiator worth their salt will make an opening offer aimed at maximising the eventual outcome of the negotiation, so the initial RIAA demand of 0.4¢ per song/per listener should perhaps be seen as ambitious. Nonetheless, the RIAA’s entire strategy in this conflict seemed geared more towards the terminal frustration of hopeful Webcaster aspirations. The strongest evidence to suggest that the RIAA never negotiated in good faith stems from June 2002 comments by erstwhile Broadcast.com founder Mark Cuban, who in 1999 was involved in negotiating a deal between his company (then newly acquired by Yahoo!) and the RIAA to set royalty rates for Broadcast.com streams. Cuban revealed that buyer and seller in this case were willing first and foremost to price out of the market any potential competition to Broadcast.com from smaller, start-up Webcast operators—this was the reason for choosing the per-song/per-listener fee structure over a percentage-of-revenue approach: I hated the [per-song/listener] price points and explained why they were too high. HOWEVER, … I, as Broadcast.com, didn’t want percent-of-revenue pricing. Why? Because it meant every “Tom, Dick, and Harry” webcaster could come in and undercut our pricing because we had revenue and they didn’t. … The Yahoo! deal I worked on, if it resembles the deal the CARP ruling was built on, was designed so that there would be less competition, and so that small webcasters who needed to live off of a “percentage-of-revenue” to survive, couldn’t. (qtd. in Maloney & Hanson) Therefore, the RIAA consciously presented to the CARP a pricing structure which was not representative of an agreement between willing buyer and seller, but rather an agreement designed to achieve specific objectives: to punish very small operators for becoming more popular, hence discouraging hobbyists from turning professional; make Webcasting unaffordable for independent, small to medium operations; open the market only to major players with significant revenue streams; encourage amalgamation of independent stations into larger networks, and incorporate networks into the bigger media organisations. Indeed, Levy cites the “testimony of an RIAA-backed economist who told the government fee panel [CARP] that a dramatic shakeout in Webcasting is ‘inevitable and desirable because it will bring about market consolidation’”—and ‘consolidation’ (thus excluding small business from the Webcasting market) was clearly the underlying motive of RIAA strategy during the fights of 2002. Reasons for such anti-competitive policies are speculative but the conduct suggests that it represents the interests of an oligopoly of major entertainment producers, defending their interests from independent and alternative upstarts emerging with the information age, whilst claiming to protect the entire music community from exploitation by digital media operators. For three years running music industry sales have been in decline, and “forecasts see sales sliding another six percent in 2003—a fall felt most by the big five music giants—Universal, Sony, Warner, EMI and BMG—which account for 70 percent of sales” (Warner & Marr). The transnationals have consistently attributed this decline to the impact of CD burning, filesharing and other Internet technologies for music transmission. Yet the RIAA was successful in shutting down Napster, and there are a host of other reasons for the downturn: There have been no major musical trends to emerge as major drivers of music sales since the advent of grunge in the early 1990s--“while record sales are dropping, they are also spreading into diverse genres” (Childress), Western economies have continued to skirt recession with a marked decrease in consumer spending, 15 years after the introduction of the CD medium, the initial waves of listeners replacing their vinyl records with CD re-releases and remasters (once a major source of income for labels) have subsided, CD prices remain high, even compared to DVD movie releases, and There is a growing backlash against the practices of an “industry founded on exploitation, oiled by deceit, riven with theft and fuelled by greed” (Fripp 9) and there are calls to boycott major labels altogether, and increased political scrutiny. Hence some observers have read the RIAA’s attacks on filesharing and Webcasts as the actions of an industry fighting for its own survival. Wired quotes former Billboard editor Timothy White as saying that 2003 “could determine whether the music business as we know it survives” (reported in Maloney, “Wired”), and this sentiment is echoed in other reports on the state of the music industry. Alternatively, analysts have noted “the industry released around 27,000 titles in 2001, down from a peak of 38,900 in 1999. Since year-on-year unit sales have dropped a mere 10.3 per cent, it’s clear that demand has held up extremely well: despite higher prices, consumers retain the CD buying habit” (Orlowski). Whether signs of an industry in decline or not, the RIAA’s uncompromising policies in its fight against unpoliced Internet music technologies have caused headaches amongst its own supporters. (A recent Wired article speaks of “civil war inside Sony” over such issues—see Rose.) The Time-Warner-Netscape-AOL conglomerate might find the benefits from its support of the RIAA will be negated by the new royalty fees required of Spinner.com in its new incarnation as ‘Radio@Netscape Plus’, or by the downturn in AOL Broadband’s ability to sign up customers as incentives such as access to filesharing and Web radio dry up. Postscript: Conflict Resolution in the Webcast Wars (?) Without significant policy shifts by the RIAA it has fallen to U.S. politicians to force an uneasy truce in the Webcast conflict. This intervention was prompted by dissatisfaction with the industry’s disregard for the stated aim of the Digital Millennium Copyright Act to cultivate not hinder business in new Internet technologies and the view that CARP had been tricked into accepting a flawed Yahoo!/RIAA deal as the basis for its fee structure recommendations. Following several attempts at legislation and emergency negotiations small Webcasters won a reprieve from the per song/per listener royalty structure which they had been threatened with, and will now pay a percentage of their revenue. This agreement is built on the “Small Webcaster Settlement Act,” which acknowledges that small Webcasters “have expressed their desire for a fee based on a percentage of revenue,” it rejects the CARP recommendations and the Librarian’s rulings as unsuitable for small operators, and instead requires the RIAA and small commercial Webcasters to develop their own structures in the spirit of this bill. While this solution generates division of the Webcast market into smaller and larger operators (and possibly makes the move from the first to the second group, who do pay per song/per listener royalties, all the more daunting), the new structure should be able to ensure its aim of protecting content diversity in Webcasting. That is until the industry finds a new battleground on which to engage Internet-based music technologies. Works Cited Borland, John. “Ad Disputes Tune Web Radio Out.” CNET News.com 11 April 2001. 9 Jan. 2003 <http://news.com.com/2100-1023-255673.htm...>. Childress, Donna J. “Boomers Key to Record Sales.” AARP: The Magazine Mar.-Apr. 2003. 12 Feb. 2003 <http://www.aarpmagazine.org/lifestyle/Ar...>. Copyright Office, Library of Congress, USA. “Summary of the Determination of the Librarian of Congress on Rates and Terms for Webcasting and Ephemeral Recordings.” 8 July. 2002. 9 Jan. 2003 <http://www.copyright.gov/carp/webcasting...>. Fripp, Robert. “Discipline Global Mobile: A Small, Mobile and Independent Record Company.” CD booklet. Space Groove. ProjeKct Two. Discipline Global Mobile, 1998. 9-10. Levy, Steven. “Labels to Net Radio: Die Now.” Newsweek 15 July 2002: 51. Lieberman, David. “States Settle CD Price-Fixing Case.” USA Today 1 Oct. 2002. 18 Jan. 2003 <http://www.usatoday.com/life/music/news/...>. Love, Courtney. “Courtney Love Does the Math.” Salon Magazine 14 June 2000. 18 Jan. 2003 <http://archive.salon.com/tech/feature/20...>. Maloney, Paul. “CARP, Congress, & Compromise: Radio and the Internet in 2002.” RAIN: Radio and Internet Newsletter, 6, 7, 8, and 13 Jan. 2003. 18 Jan. 2003 <http://www.kurthanson.com/archive/news/0...>, <http://www.kurthanson.com/archive/news/0...>, <http://www.kurthanson.com/archive/news/0...>, and <http://www.kurthanson.com/archive/news/0...>. ---. “Wired Examines Music Industry Woes in Four-Article Feature.” RAIN: Radio and Internet Newsletter, 15 Jan. 2003. 18 Jan. 2003 <http://www.kurthanson.com/archive/news/0...>. Maloney, Paul, and Kurt Hanson. “Cuban Says Yahoo!’s RIAA Deal Was Designed to Stifle Competition!” RAIN: Radio and Internet Newsletter, 24 June 2002. 9 Jan. 2003 <http://www.kurthanson.com/archive/news/0...>. Orlowski, Andrew. “Missing RIAA Figures Shoot Down ‘Piracy’ Canard.” The Register 16 Dec. 2002. 12 Feb. 2003 <http://www.theregister.co.uk/content/6/2...>. Rose, Frank. “The Civil War inside Sony.” Wired 11.02 (Feb. 2003). 12 Feb. 2003 <http://www.wired.com/wired/archive/11.02...>. Sidelsky, Barry. “Internet Radio Basics: Copyright Primer and Update.” RAIN: Radio and Internet Newsletter, 28/29 Oct. 2002. 9 Jan. 2003 <http://www.kurthanson.com/archive/news/1...> and <http://www.kurthanson.com/archive/news/1...>. “Small Webcaster Settlement Act.” U.S. Congress, 14 Nov. 2002. 9 Jan. 2003 <http://frwebgate.access.gpo.gov/cgi-bin/...>. Warner, Bernhard, and Merissa Marr. “Battered Record Execs Set to Face the Music.” Reuters 17 Jan. 2003. 18 Jan. 2003 <http://www.reuters.com/newsArticle.jhtml...> Links http://www.reuters.com/newsArticle.jhtml?type=musicNews&amp;amp;storyID=2065414 http://www.spinner.com/ http://www.boycott-riaa.com/ http://www.kurthanson.com/archive/news/010603/index.asp http://www.kurthanson.com/archive/news/010803/index.asp http://www.soundexchange.com/ http://www.theregister.co.uk/content/6/28588.html http://www.kurthanson.com/archive/news/062402/index.asp#story1 http://frwebgate.access.gpo.gov/cgi- in/getdoc.cgi?dbname=107_cong_bills&amp;amp;docid=f:h5469eas.txt.pdf http://www.kurthanson.com/archive/news/011303/index.asp#story2 http://www.kurthanson.com/archive/news/102802/index.asp http://www.aarpmagazine.org/lifestyle/Articles/a2003-01-08-recordsales http://www.broadcast.com/ http://www.kurthanson.com/archive/news/010703/index.asp http://www.kurthanson.com/silenced.asp http://www.usatoday.com/life/music/news/2002-09-30-cd-settlement_x.htm http://www.riaa.org/ http://www.digmedia.org/ http://www.yahoo.com/ http://www.google.com/search?q=streambox+vcr&amp;amp;ie=UTF-8&amp;amp;oe=UTF-8&amp;amp;hl=en&amp;amp;meta= http://radio.netscape.com/ http://www.kurthanson.com/archive/news/102902/index.asp http://www.wired.com/wired/archive/11.02/sony.html http://www.napster.com/ http://news.com.com/2100-1023-255673.html?legacy=cnet http://www.wired.com/ http://archive.salon.com/tech/feature/2000/06/14/love/ http://www.copyright.gov/carp/webcasting_rates_final.html Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Bruns, Axel. "Fight for Survival" M/C: A Journal of Media and Culture 6.1 (2003). Dn Month Year < http://www.media-culture.org.au/0302/07-fightforsurvival.php>. APA Style Bruns, A., (2003, Feb 26). Fight for Survival. M/C: A Journal of Media and Culture, 6,(1). Retrieved Month Dn, Year, from http://www.media-culture.org.au/0302/07-fightforsurvival.html
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40

Heurich, Angelika, and Jo Coghlan. "The Canberra Bubble." M/C Journal 24, no. 1 (March 15, 2021). http://dx.doi.org/10.5204/mcj.2749.

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Abstract:
According to the ABC television program Four Corners, “Parliament House in Canberra is a hotbed of political intrigue and high tension … . It’s known as the ‘Canberra Bubble’ and it operates in an atmosphere that seems far removed from how modern Australian workplaces are expected to function.” The term “Canberra Bubble” morphed to its current definition from 2001, although it existed in other forms before this. Its use has increased since 2015, with Prime Minister Scott Morrison regularly referring to it when attempting to deflect from turmoil within, or focus on, his Coalition government (Gwynn). “Canberra Bubble” was selected as the 2018 “Word of the Year” by the Australian National Dictionary Centre, defined as “referring to the idea that federal politicians, bureaucracy, and political journalists are obsessed with the goings-on in Canberra (rather than the everyday concerns of Australians)” (Gwynn). In November 2020, Four Corners aired an investigation into the behaviour of top government ministers, including Attorney-General Christian Porter, Minister Alan Tudge, and former Deputy Prime Minister and leader of the National Party Barnaby Joyce; entitled “Inside the Canberra Bubble”. The program’s reporter, Louise Milligan, observed: there’s a strong but unofficial tradition in federal politics of what happens in Canberra, stays in Canberra. Politicians, political staff and media operate in what’s known as ‘The Canberra Bubble’. Along with the political gamesmanship, there’s a heady, permissive culture and that culture can be toxic for women. The program acknowledged that parliamentary culture included the belief that politicians’ private lives were not open to public scrutiny. However, this leaves many women working in Parliament House feeling that such silence allows inappropriate behaviour and sexism to “thrive” in the “culture of silence” (Four Corners). Former Prime Minister Malcolm Turnbull, who was interviewed for the Four Corners program, acknowledged: “there is always a power imbalance between the boss and somebody who works for them, the younger and more junior they are, the more extreme that power imbalance is. And of course, Ministers essentially have the power to hire and fire their staff, so they’ve got enormous power.” He equates this to past culture in large corporations; a culture that has seen changes in business, but not in the federal parliament. It is the latter place that is a toxic bubble for women. A Woman Problem in the Bubble Louise Milligan reported: “the Liberal Party has been grappling with what’s been described as a ‘women problem’ for several years, with accusations of endemic sexism.” The underrepresentation of women in the current government sees them holding only seven of the 30 current ministerial positions. The Liberal Party has fewer women in the House of Representatives now than it did 20 years ago, while the Labor Party has doubled the number of women in its ranks. When asked his view on the “woman problem”, Malcolm Turnbull replied: “well I think women have got a problem with the Liberal Party. It’s probably a better way of putting it … . The party does not have enough women MPs and Senators … . It is seen as being very blokey.” Current Prime Minister Scott Morrison said in March 2019: “we want to see women rise. But we don’t want to see women rise, only on the basis of others doing worse” (Four Corners); with “others” seen as a reference to men. The Liberal Party’s “woman problem” has been widely discussed in recent years, both in relation to the low numbers of women in its parliamentary representation and in its behaviour towards women. These claims were evident in an article highlighting allegations of bullying by Member of Parliament (MP) Julia Banks, which led to her resignation from the Liberal Party in 2018. Banks’s move to the crossbench as an Independent was followed by the departure from politics of senior Liberal MP and former Deputy Leader Julie Bishop and three other female Liberal MPs prior to the 2019 federal election. For resigning Liberal MP Linda Reynolds, the tumultuous change of leadership in the Liberal Party on 24 August 2018, when Scott Morrison replaced Malcolm Turnbull as Prime Minister, left her to say: “I do not recognise my party at the moment. I do not recognise the values. I do not recognise the bullying and intimidation that has gone on.” Bishop observed on 5 September: “it’s evident that there is an acceptance of a level of behaviour in Canberra that would not be tolerated in any other workplace.” And in her resignation speech on 27 November, Banks stated: “Often, when good women call out or are subjected to bad behaviour, the reprisals, backlash and commentary portrays them as the bad ones – the liar, the troublemaker, the emotionally unstable or weak, or someone who should be silenced” (Four Corners). Rachel Miller is a former senior Liberal staffer who worked for nine years in Parliament House. She admitted to having a consensual relationship with MP Alan Tudge. Both were married at the time. Her reason for “blowing the whistle” was not about the relationship itself, rather the culture built on an imbalance of power that she experienced and witnessed, particularly when endeavouring to end the relationship with Tudge. This saw her moving from Tudge’s office to that of Michaelia Cash, eventually being demoted and finally resigning. Miller refused to accept the Canberra bubble “culture of just putting your head down and not getting involved”. The Four Corners story also highlighted the historical behaviour of Attorney-General Christian Porter and his attitude towards women over several decades. Milligan reported: in the course of this investigation, Four Corners has spoken to dozens of former and currently serving staffers, politicians, and members of the legal profession. Many have worked within, or voted for, the Liberal Party. And many have volunteered examples of what they believe is inappropriate conduct by Christian Porter – including being drunk in public and making unwanted advances to women. Lawyer Josh Bornstein told Four Corners that the role of Attorney-General “occupies a unique role … as the first law officer of the country”, having a position in both the legal system and in politics. It is his view that this comes with a requirement for the Attorney-General “to be impeccable in terms of personal and political behaviour”. Milligan asserts that Porter’s role as “the nation’s chief law officer, includes implementing rules to protect women”. A historical review of Porter’s behaviour and attitude towards women was provided to Four Corners by barrister Kathleen Foley and debating colleague from 1987, Jo Dyer. Dyer described Porter as “very charming … very confident … Christian was quite slick … he had an air of entitlement … that I think was born of the privilege from which he came”. Foley has known Porter since she was sixteen, including at university and later when both were at the State Solicitors’ Office in Western Australia, and her impression was that Porter possessed a “dominant personality”. She said that many expected him to become a “powerful person one day” partly due to his father being “a Liberal Party powerbroker”, and that Porter had aspirations to become Prime Minister. She observed: “I’ve known him to be someone who was in my opinion, and based on what I saw, deeply sexist and actually misogynist in his treatment of women, in the way that he spoke about women.” Foley added: “for a long time, Christian has benefited from the silence around his conduct and his behaviour, and the silence has meant that his behaviour has been tolerated … . I’m here because I don’t think that his behaviour should be tolerated, and it is not acceptable.” Miller told the Four Corners program that she and others, including journalists, had observed Porter being “very intimate” with a young woman. Milligan noted that Porter “had a wife and toddler at home in Perth”, while Miller found the incident “quite confronting … in such a public space … . I was quite surprised by the behaviour and … it was definitely a step too far”. The incident was confirmed to Four Corners by “five other people, including Coalition staffers”. However, in 2017 the “Public Bar incident remained inside the Canberra bubble – it never leaked”, reports Milligan. In response to the exposure of Nationals MP Barnaby Joyce’s relationship with a member of his staff, Malcolm Turnbull changed the Code of Ministerial Standards (February 2018) for members of the Coalition Government (Liberal and National Parties). Labelled by many media as the “bonk ban”, the new code banned sexual relationships between ministers and their staff. Turnbull stopped short of asking Joyce to resign (Yaxley), however, Joyce stepped down as Leader of the National Party and Deputy Prime Minister shortly after the code was amended. Turnbull has conceded that the Joyce affair was the catalyst for implementing changes to ministerial standards (Four Corners). He was also aware of other incidents, including the behaviour of Christian Porter and claims he spoke with Porter in 2017, when concerns were raised about Porter’s behaviour. In what Turnbull acknowledges to be a stressful working environment, the ‘Canberra bubble’ is exacerbated by long hours, alcohol, and being away from family; this leads some members to a loss of standards in behaviour, particularly in relation to how women are viewed. This seems to blame the ‘bubble’ rather than acknowledge poor behaviour. Despite the allegations of improper behaviour against Porter, in 2017 Turnbull appointed Porter Attorney-General. Describing the atmosphere in the Canberra bubble, Miller concedes that not “all men are predators and [not] all women are victims”. She adds that a “work hard, play hard … gung ho mentality” in a “highly sexualised environment” sees senior men not being called out for behaviour, creating the perception that they are “almost beyond reproach [and it’s] something they can get away with”. Turnbull observes: “the attitudes to women and the lack of respect … of women in many quarters … reminds me of the corporate scene … 40 years ago. It’s just not modern Australia” (Four Corners). In a disclaimer about the program, Milligan stated: Four Corners does not suggest only Liberal politicians cross this line. But the Liberal Party is in government. And the Liberal politicians in question are Ministers of the Crown. All ministers must now abide by Ministerial Standards set down by Prime Minister Scott Morrison in 2018. They say: ‘Serving the Australian people as Ministers ... is an honour and comes with expectations to act at all times to the highest possible standards of probity.’ They also prohibit Ministers from having sexual relations with staff. Both Tudge and Porter were sent requests by Four Corners for interviews and answers to detailed questions prior to the program going to air. Tudge did not respond and Porter provided a brief statement in regards to his meeting with Malcolm Turnbull, denying that he had been questioned about allegations of his conduct as reported by Four Corners and that other matters had been discussed. Reactions to the Four Corners Program Responses to the program via mainstream media and on social media were intense, ranging from outrage at the behaviour of ministers on the program, to outrage that the program had aired the private lives of government ministers, with questions as to whether this was in the public interest. Porter himself disputed allegations of his behaviour aired in the program, labelling the claims as “totally false” and said he was considering legal options for “defamation” (Maiden). However, in a subsequent radio interview, Porter said “he did not want a legal battle to distract from his role” as a government minister (Moore). Commenting on the meeting he had with Turnbull in 2017, Porter asserted that Turnbull had not spoken to him about the alleged behaviour and that Turnbull “often summoned ministers in frustration about the amount of detail leaking from his Cabinet.” Porter also questioned the comments made by Dyer and Foley, saying he had not had contact with them “for decades” (Maiden). Yet, in a statement provided to the West Australian after the program aired, Porter admitted that Turnbull had raised the rumours of an incident and Porter had assured him they were unfounded. In a statement he again denied the allegations made in the Four Corners program, but admitted that he had “failed to be a good husband” (Moore). In a brief media release following the program, Tudge stated: “I regret my actions immensely and the hurt it caused my family. I also regret the hurt that Ms. Miller has experienced” (Grattan). Following the Four Corners story, Scott Morrison and Anne Ruston, the Minister for Families and Social Services, held a media conference to respond to the allegations raised by the program. Ruston was asked about her views of the treatment of women within the Liberal Party. However, she was cut off by Morrison who aired his grievance about the use of the term “bonk ban” by journalists, when referring to the ban on ministers having sexual relations with their staff. This interruption of a female minister responding to a question directed at her about allegations of misogyny drew world-wide attention. Ruston went on to reply that she felt “wholly supported” as a member of the party and in her Cabinet position. The video of the incident resulted in a backlash on social media. Ruston was asked about being cut off by the Prime Minister at subsequent media interviews and said she believed it to be “an entirely appropriate intervention” and reiterated her own experiences of being fully supported by other members of the Liberal Party (Maasdorp). Attempts to Silence the ABC A series of actions by government staff and ministers prior to, and following, the Four Corners program airing confirmed the assumption suggested by Milligan that “what happens in Canberra, stays in Canberra”. In the days leading to the airing of the Four Corners program, members of the federal government contacted ABC Chair Ita Buttrose, ABC Managing Director David Anderson, and other senior staff, criticising the program’s content before its release and questioning whether it was in the public interest. The Executive Producer for the program, Sally Neighbour, tweeted about the attempts to have the program cancelled on the day it was to air, and praised ABC management for not acceding to the demands. Anderson raised his concerns about the emails and calls to ABC senior staff while appearing at Senate estimates and said he found it “extraordinary” (Murphy & Davies). Buttrose also voiced her concerns and presented a lecture reinforcing the importance of “the ABC, democracy and the importance of press freedom”. As the public broadcaster, the ABC has a charter under the Australian Broadcasting Corporation Act (1983) (ABC Act), which includes its right to media independence. The attempt by the federal government to influence programming at the ABC was seen as countering this independence. Following the airing of the Four Corners program, the Morrison Government, via Communications Minister Paul Fletcher, again contacted Ita Buttrose by letter, asking how reporting allegations of inappropriate behaviour by ministers was “in the public interest”. Fletcher made the letter public via his Twitter account on the same day. The letter “posed 15 questions to the ABC board requesting an explanation within 14 days as to how the episode complied with the ABC’s code of practice and its statutory obligations to provide accurate and impartial journalism”. Fletcher also admitted that a senior member of his staff had contacted a member of the ABC board prior to the show airing but denied this was “an attempt to lobby the board”. Reportedly the ABC was “considering a response to what it believes is a further attack on its independence” (Visentin & Samios). A Case of Double Standards Liberal Senator Concetta Fierravanti-Wells told Milligan (Four Corners) that she believes “values and beliefs are very important” when standing for political office, with a responsibility to electors to “abide by those values and beliefs because ultimately we will be judged by them”. It is her view that “there is an expectation that in service of the Australian public, [politicians] abide by the highest possible conduct and integrity”. Porter has portrayed himself as being a family man, and an advocate for people affected by sexual harassment and concerned about domestic violence. Four Corners included two videos of Porter, the first from June 2020, where he stated: “no-one should have to suffer sexual harassment at work or in any other part of their lives … . The Commonwealth Government takes it very seriously”. In the second recording, from 2015, Porter spoke on the topic of domestic violence, where he advocated ensuring “that young boys understand what a respectful relationship is … what is acceptable and … go on to be good fathers and good husbands”. Tudge and Joyce hold a conservative view of traditional marriage as being between a man and a woman. They made this very evident during the plebiscite on legalising same-sex marriage in 2017. One of Tudge’s statements during the public debate was shown on the Four Corners program, where he said that he had “reservations about changing the Marriage Act to include same-sex couples” as he viewed “marriage as an institution … primarily about creating a bond for the creation, love and care of children. And … if the definition is changed … then the institution itself would potentially be weakened”. Miller responded by confirming that this was the public image Tudge portrayed, however, she was upset, surprised and believed it to be hypocrisy “to hear him … speak in parliament … and express a view that for children to have the right upbringing they need to have a mother and father and a traditional kind of family environment” (Four Corners). Following the outcome to the plebiscite in favour of marriage equality (Evershed), both Tudge and Porter voted to pass the legislation, in line with their electorates, while Joyce abstained from voting on the legislation (against the wishes of his electorate), along with nine other MPs including Scott Morrison (Henderson). Turnbull told Milligan: there’s no question that some of the most trenchant opponents of same-sex marriage, all in the name of traditional marriage, were at the same time enthusiastic practitioners of traditional adultery. As I said many times, this issue of the controversy over same-sex marriage was dripping with hypocrisy and the pools were deepest at the feet of the sanctimonious. The Bubble Threatens to Burst On 25 January 2021, the advocate for survivors of sexual assault, Grace Tame, was announced as Australian of the Year. This began a series of events that has the Canberra bubble showing signs of potentially rupturing, or perhaps even imploding, as further allegations of sexual assault emerge. Inspired by the speech of Grace Tame at the awards ceremony and the fact that the Prime Minister was standing beside her, on 15 February 2021, former Liberal staffer Brittany Higgins disclosed to journalist Samantha Maiden the allegation that she had been raped by a senior staffer in March 2019. Higgins also appeared in a television interview with Lisa Wilkinson that evening. The assault allegedly occurred after hours in the office of her boss, then Minister for Defence Industry and current Minister for Defence, Senator Linda Reynolds. Higgins said she reported what had occurred to the Minister and other staff, but felt she was being made to choose between her job and taking the matter to police. The 2019 federal election was called a few weeks later. Although Higgins wanted to continue in her “dream job” at Parliament House, she resigned prior to her disclosure in February 2021. Reynolds and Morrison were questioned extensively on the matter, in parliament and by the media, as to what they knew and when they were informed. Public outrage at the allegations was heightened by conflicting stories of these timelines and of who else knew. Although Reynolds had declared to the Senate that her office had provided full support to Higgins, it was revealed that her original response to the allegations to those in her office on the day of the media publication was to call Higgins a “lying cow”. After another public and media outcry, Reynolds apologised to Higgins (Hitch). Initially avoiding addressing the Higgins allegation directly, Morrison finally stated his empathy for Higgins in a doorstop media interview, reflecting advice he had received from his wife: Jenny and I spoke last night, and she said to me, "You have to think about this as a father first. What would you want to happen if it were our girls?" Jenny has a way of clarifying things, always has. On 3 March 2021, Grace Tame presented a powerful speech to the National Press Club. She was asked her view on the Prime Minister referring to his role as a father in the case of Brittany Higgins. Morrison’s statement had already enraged the public and certain members of the media, including many female journalists. Tame considered her response, then replied: “It shouldn’t take having children to have a conscience. [pause] And actually, on top of that, having children doesn’t guarantee a conscience.” The statement was met by applause from the gallery and received public acclaim. A further allegation of rape was made public on 27 February 2021, when friends of a deceased woman sent the Prime Minister a full statement from the woman that a current unnamed Cabinet Minister had raped her in 1988, when she was 16 years old (Yu). Morrison was asked whether he had spoken with the Minister, and stated that the Minister had denied the allegations and he saw no need to take further action, and would leave it to the police. New South Wales police subsequently announced that in light of the woman’s death last year, they could not proceed with an investigation and the matter was closed. The name of the woman has not been officially disclosed, however, on the afternoon of 3 March 2021 Attorney-General Christian Porter held a press conference naming himself as the Minister in question and vehemently denied the allegations. In light of the latest allegations, coverage by some journalists has shown the propensity to be complicit in protecting the Canberra bubble, while others (mainly women) endeavour to provide investigative journalistic coverage. The Outcome to Date Focus on the behaviour highlighted by “Inside the Canberra Bubble” in November 2020 waned quickly, with journalist Sean Kelly observing: since ABC’s Four Corners broadcast an episode exploring entrenched sexism in Parliament House, and more specifically within the Liberal Party, male politicians have said very, very, very little about it … . The episode in question was broadcast three weeks ago. It’s old news. But in this case that’s the point: every time the issue of sexism in Canberra is raised, it’s quickly rushed past, then forgotten (by men). Nothing happens. As noted earlier, Rachel Miller resigned from her position at Parliament House following the affair with Tudge. Barrister Kathleen Foley had held a position on the Victorian Bar Council, however three days after the Four Corners program went to air, Foley was voted off the council. According to Matilda Boseley from The Guardian, the change of council members was seen more broadly as an effort to remove progressives. Foley has also been vocal about gender issues within the legal profession. With the implementation of the new council, five members held their positions and 16 were replaced, seeing a change from 62 per cent female representation to 32 per cent (Boseley). No action was taken by the Prime Minister in light of the revelations by Four Corners: Christian Porter maintained his position as Attorney-General, Minister for Industrial Relations, and Leader of the House; and Alan Tudge continued as a member of the Federal Cabinet, currently as Minister for Education and Youth. Despite ongoing calls for an independent enquiry into the most recent allegations, and for Porter to stand aside, he continues as Attorney-General, although he has taken sick leave to address mental health impacts of the allegations (ABC News). Reynolds continues to hold the position of Defence Minister following the Higgins allegations, and has also taken sick leave on the advice of her specialist, now extended to after the March 2021 sitting of parliament (Doran). While Scott Morrison stands in support of Porter amid the allegations against him, he has called for an enquiry into the workplace culture of Parliament House. This appears to be in response to claims that a fourth woman was assaulted, allegedly by Higgins’s perpetrator. The enquiry, to be led by Kate Jenkins, Australia’s Sex Discrimination Commissioner, is focussed on “how to change the culture, how to change the practices, and how to ensure that, in future, we do have the best possible environment for prevention and response” (Murphy). By focussing the narrative of the enquiry on the “culture” of Parliament House, it diverts attention from the allegations of rape by Higgins and against Porter. While the enquiry is broadly welcomed, any outcomes will require more than changes to the workplace: they will require a much broader social change in attitudes towards women. The rage of women, in light of the current gendered political culture, has evolved into a call to action. An initial protest march, planned for outside Parliament House on 15 March 2021, has expanded to rallies in all capital cities and many other towns and cities in Australia. Entitled Women’s March 4 Justice, thousands of people, both women and men, have indicated their intention to participate. It is acknowledged that many residents of Canberra have objected to their entire city being encompassed in the term “Canberra Bubble”. However, the term’s relevance to this current state of affairs reflects the culture of those working in and for the Australian parliament, rather than residents of the city. It also describes the way that those who work in all things related to the federal government carry an apparent assumption that the bubble offers them immunity from the usual behaviour and accountability required of those outside the bubble. It this “bubble” that needs to burst. With a Prime Minister seemingly unable to recognise the hypocrisy of Ministers allegedly acting in ways contrary to “good character”, and for Porter, with ongoing allegations of improper behaviour, as expected for the country’s highest law officer, and in his mishandling of Higgins claims as called out by Tame, the bursting of the “Canberra bubble” may cost him government. References ABC News. “Christian Porter Denies Historical Rape Allegation.” Transcript. 4 Mar. 2021. 4 Mar. 2021 <https://www.abc.net.au/news/2021-03-03/christian-porter-press-conference-transcript/13212054>. Boseley, Matilda. “Barrister on Four Corners' Christian Porter Episode Loses Victorian Bar Council Seat.” The Guardian 11 Nov. 2020. 10 Dec. 2020 <https://www.theguardian.com/law/2020/nov/12/barrister-on-four-corners-christian-porter-episode-loses-victorian-bar-council-seat>. Buttrose, Ita. “The ABC, Democracy and the Importance of Press Freedom.” Lecture. Ramsay Centre for Western Civilisation. 12 Nov. 2020. 10 Dec. 2020 <http://about.abc.net.au/speeches/the-abc-democracy-and-the-importance-of-press-freedom/>. Doran, Matthew. “Linda Reynolds Extends Her Leave.” ABC News 7 Mar. 2021. 7 Mar. 2021 <https://www.abc.net.au/news/2021-03-07/linda-reynolds-extends-her-leave-following-rape-allegation/13224824>. Evershed, Nick. “Full Results of Australia's Vote for Same-Sex Marriage.” The Guardian 15 Nov. 2017. 10 Dec. 2020. <https://www.theguardian.com/australia-news/datablog/ng-interactive/2017/nov/15/same-sex-marriage-survey-how-australia-voted-electorate-by-electorate>. Four Corners. “Inside the Canberra Bubble.” ABC Television 9 Nov. 2020. 20 Nov. 2020 <https://www.abc.net.au/4corners/inside-the-canberra-bubble/12864676>. Grattan, Michelle. “Porter Rejects Allegations of Inappropriate Sexual Behaviour and Threatens Legal Action.” The Conversation 10 Nov. 2020. 10 Dec. 2020 <https://theconversation.com/porter-rejects-allegations-149774>. Gwynn, Mark. “Australian National Dictionary Centre’s Word of the Year 2018.” Ozwords 13 Dec. 2018. 10 Dec 2020 <http://ozwords.org/?p=8643#more-8643>. Henderson, Anna. “Same-Sex Marriage: This Is Everyone Who Didn't Vote to Support the Bill.” ABC News 8 Dec. 2017. 10 Dec. 2020 <https://www.abc.net.au/news/2017-12-08/same-sex-marriage-who-didnt-vote/9240584>. Heurich, Angelika. “Women in Australian Politics: Maintaining the Rage against the Political Machine”. M/C Journal 22.1 (2019). https://doi.org/10.5204/mcj.1498. Hitch, Georgia. “Defence Minister Linda Reynolds Apologises to Brittany Higgins.” ABC News 5 Mar. 2021. 5 Mar. 2021 <https://www.abc.net.au/news/2021-03-05/linda-reynolds-apologises-to-brittany-higgins-lying-cow/13219796>. Kelly, Sean. “Morrison Should Heed His Own Advice – and Fix His Culture Problem.” Sydney Morning Herald 29 Nov. 2020. 10 Dec. 2020 <https://www.smh.com.au/politics/federal/morrison-should-heed-his-own-advice-and-fix-his-culture-problem-20201129-p56iwn.html>. Maasdorp, James. “Scott Morrison Cops Backlash after Interrupting Anne Ruston.” ABC News 11 Nov. 2020. 10 Dec. 2020 <https://www.abc.net.au/news/2020-11-11/scott-morrison-anne-ruston-liberal-party-government/12873158>. Maiden, Samantha. “Christian Porter Hits Back at ‘Totally False’ Claims Aired on Four Corners.” The Australian 10 Nov. 2020. 10 Dec. 2020 <https://www.news.com.au/entertainment/tv/current-affairs/christian-porter-hits-back-at-totally-false-claims-aired-on-four-corners/news-story/0bc84b6268268f56d99714fdf8fa9ba2>. ———. “Young Staffer Brittany Higgins Says She Was Raped at Parliament House.” News.com.au 15 Sep. 2021. 15 Sep. 2021 <https://www.news.com.au/national/politics/parliament-house-rocked-by-brittany-higgins-alleged-rape/news-story/>. Moore, Charlie. “Embattled Minister Christian Porter Admits He Failed to Be 'a Good Husband’.” Daily Mail 11 Nov. 2020. 10 Dec. 2020 <https://www.dailymail.co.uk/news/article-8936197/>. Morrison, Scott. “Doorstop Interview – Parliament House.” Transcript. Prime Minister of Australia. 16 Feb. 2021. 1 Mar. 2021 <https://www.pm.gov.au/media/doorstop-interview-australian-parliament-house-act-160221>. Murphy, Katharine. “Sex Discrimination Commissioner Kate Jenkins to Lead Review into Parliament’s Workplace Culture.” The Guardian 5 Mar. 2021. 7 Mar. 2021 <https://www.theguardian.com/australia-news/2021/mar/05/sex-discrimination-commissioner-kate-jenkins-to-lead-review-into-parliaments-workplace-culture>. Murphy, Katharine, and Anne Davies. “Criticism of Four Corners 'Bonk Ban' Investigation before It Airs 'Extraordinary', ABC Boss Says.” The Guardian 9 Nov. 2020. 10 Dec. 2020 <https://www.theguardian.com/media/2020/nov/09/abc-under-extreme-political-pressure-over-bonk-ban-investigation-four-corners-boss-says>. Neighbour, Sally. “The Political Pressure.” Twitter 9 Nov. 2020. 9 Nov. 2020 <https://twitter.com/neighbour_s/status/1325545916107927552>. Tame, Grace. Address. National Press Club. 3 Mar. 2021. 3 Mar. 2021 <https://www.youtube.com/watch?v=LJmwOTfjn9U>. Visentin, Lisa, and Zoe Samios. “Morrison Government Asks ABC to Please Explain Controversial Four Corners Episode.” Sydney Morning Herald 1 Dec. 2020. 10 Dec. 2020 <https://www.smh.com.au/politics/federal/morrison-government-asks-abc-to-please-explain-controversial-four-corners-episode-20201201-p56jg2.html>. Wilkinson, Lisa. “Interview with Brittany Higgins.” The Project. Channel 10. 15 Sep. 2021. 16 Sep. 2021 <https://www.youtube.com/watch?v=nyjkjeoO2o4>. Yaxley, Louise. “Malcolm Turnbull Bans Ministers from Sex with Staffers.” ABC News 15 Feb. 2018. 10 Dec. 2020 <https://www.abc.net.au/news/2018-02-15/turnbull-slams-joyce-affair-changes-to-ministerial-standards/9451792>. Yu, Andi. “Rape Allegation against Cabinet Minister.” The Canberra Times 27 Feb. 2021. 1 Mar. 2021 <https://www.canberratimes.com.au/story/7145324/rape-allegation-against-cabinet-minister/>.
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Pedersen, Isabel, and Kristen Aspevig. "Being Jacob: Young Children, Automedial Subjectivity, and Child Social Media Influencers." M/C Journal 21, no. 2 (April 25, 2018). http://dx.doi.org/10.5204/mcj.1352.

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Abstract:
Introduction Children are not only born digital, they are fashioned toward a lifestyle that needs them to be digital all the time (Palfrey and Gasser). They click, tap, save, circulate, download, and upload the texts of their lives, their friends’ lives, and the anonymous lives of the people that surround them. They are socialised as Internet consumers ready to participate in digital services targeted to them as they age such as Snapchat, Instagram, and YouTube. But they are also fashioned as producers, whereby their lives are sold as content on these same markets. As commodities, the minutiae of their lives become the fodder for online circulation. Paradoxically, we also celebrate these digital behaviours as a means to express identity. Personal profile-building for adults is considered agency-building (Beer and Burrows), and as a consequence, we praise children for mimicking these acts of adult lifestyle. This article reflects on the Kids, Creative Storyworlds, and Wearables project, which involved an ethnographic study with five young children (ages 4-7), who were asked to share their autobiographical stories, creative self-narrations, and predictions about their future mediated lives (Atkins et al.). For this case study, we focus on commercialised forms of children’s automedia, and we compare discussions we had with 6-year old Cayden, a child we met in the study who expresses the desire to make himself famous online, with videos of Jacob, a child vlogger on YouTube’s Kinder Playtime, who clearly influences children like Cayden. We argue that child social influencers need consideration both as autobiographical agents and as child subjects requiring a sheltered approach to their online lives.Automedia Automedia is an emergent genre of autobiography (Smith and Watson Reading 190; “Virtually Me” 78). Broadcasting one’s life online takes many forms (Kennedy “Vulnerability”). Ümit Kennedy argues “Vlogging on YouTube is a contemporary form of autobiography in which individuals engage in a process of documenting their life on a daily or weekly basis and, in doing so, construct[ing] their identity online” (“Exploring”). Sidonie Smith and Julia Watson write that “visual and digital modes are projecting and circulating not just new subjects but new notions of subjectivity through the effects of automediality” with the result that “the archive of the self in time, in space and in relation expands and is fundamentally reorganized” (Reading 190). Emma Maguire addresses what online texts “tell us about cultural understandings of selfhood and what it means to communicate ‘real’ life through media” naming one tool, “automedia”. Further, Julie Rak calls on scholars “to rethink ‘life’ and ‘writing’ as automedia” to further “characterize the enactment of a personal life story in a new media environment.” We define automedia as a genre that involves the practices of creating, performing, sharing, circulating, and (at times) preserving one’s digital life narrative meant for multiple publics. Automedia revises identity formation, embodiment, or corporealities in acts of self-creation (Brophy and Hladki 4). Automedia also emphasizes circulation. As shared digital life texts now circulate through the behaviours of other human subjects, and automatically via algorithms in data assemblages, we contend that automediality currently involves a measure of relinquishing control over perpetually evolving mediatised environments. One cannot control how a shared life narrative will meet a public in the future, which is a revised way of thinking about autobiography. For the sake of this paper, we argue that children’s automedia ought to be considered a creative, autobiographical act, in order to afford child authors who create them the consideration they deserve as agents, now and in the future. Automedial practices often begin when children receive access to a device. The need for a distraction activity is often the reason parents hand a young child a smartphone, iPad, or even a wearable camera (Nansen). Mirroring the lives of parents, children aspire to share representations of their own personal lives in pursuit of social capital. They are often encouraged to use technologies and apps as adults do–to track aspects of self, broadcast life stories and eventually “live share” them—effectively creating, performing, sharing, and at times, seeking to preserve a public life narrative. With this practice, society inculcates children into spheres of device ubiquity, “socializing them to a future digital lifestyle that will involve always carrying a computer in some form” (Atkins et al. 49). Consequently, their representations become inculcated in larger media assemblages. Writing about toddlers, Nansen describes how the “archiving, circulation and reception of these images speaks to larger assemblages of media in which software protocols and algorithms are increasingly embedded in and help to configure everyday life (e.g. Chun; Gillespie), including young children’s media lives (Ito)” (Nansen). Children, like adult citizens, are increasingly faced with choices “not structured by their own preferences but by the economic imperatives of the private corporations that have recently come to dominate the internet” (Andrejevic). Recent studies have shown that for children and youth in the digital age, Internet fame, often characterized by brand endorsements, is a major aspiration (Uhls and Greenfield, 2). However, despite the ambition to participate as celebrity digital selves, children are also mired in the calls to shield them from exposure to screens through institutions that label these activities detrimental. In many countries, digital “protections” are outlined by privacy commissioners and federal or provincial/state statutes, (e.g. Office of the Privacy Commissioner of Canada). Consequently, children are often caught in a paradox that defines them either as literate digital agents able to compose or participate with their online selves, or as subjectified wards caught up in commercial practices that exploit their lives for commercial gain.Kids, Creative Storyworlds and Wearables ProjectBoth academic and popular cultural critics continually discuss the future but rarely directly engage the people who will be empowered (or subjugated) by it as young adults in twenty years. To address children’s lack of agency in these discussions, we launched the Kids, Creative Storyworlds and Wearables project to bring children into a dialogue about their own digital futures. Much has been written on childhood agency and participation in culture and mediated culture from the discipline of sociology (James and James; Jenks; Jenkins). In previous work, we addressed the perspective of child autobiographical feature filmmakers to explore issues of creative agency and consent when adult gatekeepers facilitate children in film production (Pedersen and Aspevig “My Eyes”; Pedersen and Aspevig “Swept”). Drawing on that previous work, this project concentrates on children’s automediated lives and the many unique concerns that materialize with digital identity-building. Children are categorised as a vulnerable demographic group necessitating special policy and legislation, but the lives they project as children will eventually become subsumed in their own adult lives, which will almost certainly be treated and mediated in a much different manner in the future. We focused on this landscape, and sought to query the children on their futures, also considering the issues that arise when adult gatekeepers get involved with child social media influencers. In the Storyworlds ethnographic study, children were given a wearable toy, a Vtech smartwatch called Kidizoom, to use over a month’s timeframe to serve as a focal point for ethnographic conversations. The Kidizoom watch enables children to take photos and videos, which are uploaded to a web interface. Before we gave them the tech, we asked them questions about their lives, including What are machines going to be like in the future? Can you imagine yourself wearing a certain kind of computer? Can you tell/draw a story about that? If you could wear a computer that gave you a super power, what would it be? Can you use your imagination to think of a person in a story who would use technology? In answering, many of them drew autobiographical drawings of technical inventions, and cast themselves in the images. We were particularly struck by the comments made by one participant, Cayden (pseudonym), a 6-year-old boy, and the stories he told us about himself and his aspirations. He expressed the desire to host a YouTube channel about his life, his activities, and the wearable technologies his family already owned (e.g. a GroPro camera) and the one we gave him, the Kidizoom smartwatch. He talked about how he would be proud to publically broadcast his own videos on YouTube, and about the role he had been allowed to play in the making of videos about his life (that were not broadcast). To contextualize Cayden’s commentary and his automedial aspirations, we extended our study to explore child social media influencers who broadcast components of their personal lives for the deliberate purpose of popularity and the financial gain of their parents.We selected the videos of Jacob, a child vlogger because we judged them to be representative of the kinds that Cayden watched. Jacob reviews toys through “unboxing videos,” a genre in which a child tells an online audience her or his personal experiences using new toys in regular, short videos on a social media site. Jacob appears on a YouTube channel called Kinder Playtime, which appears to be a parent-run channel that states that, “We enjoy doing these things while playing with our kids: Jacob, Emily, and Chloe” (see Figure 1). In one particular video, Jacob reviews the Kidizoom watch, serving as a child influencer for the product. By understanding Jacob’s performance as agent-driven automedia, as well as being a commercialised, mediatised form of advertising, we get a clearer picture of how the children in the study are coming to terms with their own digital selfhood and the realisation that circulated, life-exposing videos are the expectation in this context.Children are implicated in a range of ways through “family” influencer and toy unboxing videos, which are emergent entertainment industries (Abidin 1; Nansen and Nicoll; Craig and Cunningham 77). In particular, unboxing videos do impact child viewers, especially when children host them. Jackie Marsh emphasizes the digital literacy practices at play here that co-construct viewers as “cyberflâneur[s]” and she states that “this mode of cultural transmission is a growing feature of online practices for this age group” (369). Her stress, however, is on how the child viewer enjoys “the vicarious pleasure he or she may get from viewing the playing of another child with the toy” (376). Marsh writes that her study subject, a child called “Gareth”, “was not interested in being made visible to EvanHD [a child celebrity social media influencer] or other online peers, but was content to consume” the unboxing videos. The concept of the cyberflâneur, then, is fitting as a mediatising co-constituting process of identity-building within discourses of consumerism. However, in our study, the children, and especially Cayden, also expressed the desire to create, host, and circulate their own videos that broadcast their lives, also demonstrating awareness that videos are valorised in their social circles. Child viewers watch famous children perform consumer-identities to create an aura of influence, but viewers simultaneously aspire to become influencers using automedial performances, in essence, becoming products, themselves. Jacob, Automedial Subjects and Social Media InfluencersJacob is a vlogger on YouTube whose videos can garner millions of views, suggesting that he is also an influencer. In one video, he appears to be around the age of six as he proudly sits with folded hands, bright eyes, and a beaming, but partly toothless smile (see Figure 2). He says, “Welcome to Kinder Playtime! Today we have the Kidi Zoom Smartwatch DX. It’s from VTech” (Kinder Playtime). We see the Kidi Zoom unboxed and then depicted in stylized animations amid snippets of Jacob’s smiling face. The voice and hands of a faceless parent guide Jacob as he uses his new wearable toy. We listen to both parent and child describe numerous features for recording and enhancing the wearer’s daily habits (e.g. calculator, calendar, fitness games), and his dad tells him it has a pedometer “which tracks your steps” (Kinder Playtime). But the watch is also used by Jacob to mediate himself and his world. We see that Jacob takes pictures of himself on the tiny watch screen as he acts silly for the camera. He also uses the watch to take personal videos of his mother and sister in his home. The video ends with his father mentioning bedtime, which prompts a “thank you” to VTech for giving him the watch, and a cheerful “Bye!” from Jacob (Kinder Playtime). Figure 1: Screenshot of Kinder Playtime YouTube channel, About page Figure 2: Screenshot of “Jacob,” a child vlogger at Kinder Playtime We chose Jacob for three reasons. First, he is the same age as the children in the Storyworlds study. Second, he reviews the smart watch artifact that we gave to the study children, so there was a common use of automedia technology. Third, Jacob’s parents were involved with his broadcasts, and we wanted to work within the boundaries of parent-sanctioned practices. However, we also felt that his playful approach was a good example of how social media influence overlaps with automediality. Jacob is a labourer trading his public self-representations in exchange for free products and revenue earned through the monetisation of his content on YouTube. It appears that much of what Jacob says is scripted, particularly the promotional statements, like, “Today we have the Kidizoom Smartwatch DX. It’s from VTech. It’s the smartest watch for kids” (Kinder Playtime). Importantly, as an automedial subject Jacob reveals aspects of his self and his identity, in the manner of many child vloggers on public social media sites. His product reviews are contextualised within a commoditised space that provides him a means for the public performance of his self, which, via YouTube, has the potential to reach an enormous audience. YouTube claims to have “over a billion users—almost one-third of all people on the Internet—and every day people watch hundreds of millions of hours on YouTube and generate billions of views” (YouTube). Significantly, he is not only filmed by others, Jacob is also a creative practitioner, as Cayden aspired to become. Jacob uses high-tech toys, in this case, a new wearable technology for self-compositions (the smart watch), to record himself, friends, family or simply the goings-on around him. Strapped to his wrist, the watch toy lets him play at being watched, at being quantified and at recording the life stories of others, or constructing automediated creations for himself, which he may upload to numerous social media sites. This is the start of his online automediated life, which will be increasingly under his ownership as he ages. To greater or lesser degrees, he will later be able to curate, add to, and remediate his body of automedia, including his digital past. Kennedy points out that “people are using YouTube as a transformative tool, and mirror, to document, construct, and present their identity online” (“Exploring”). Her focus is on adult vloggers who consent to their activities. Jacob’s automedia is constructed collaboratively with his parents, and it is unclear how much awareness he has of himself as an automedia creator. However, if we don’t afford Jacob the same consideration as we afford adult autobiographers, that the depiction of his life is his own, we will reduce his identity performance to pure artifice or advertisement. The questions Jacob’s videos raise around agency, consent, and creativity are important here. Sidonie Smith asks “Can there be a free, agentic space; and if so, where in the world can it be found?” (Manifesto 188). How much agency does Jacob have? Is there a liberating aspect in the act of putting personal technology into the hands of a child who can record his life, himself? And finally, how would an adult Jacob feel about his childhood self advertising these products online? Is this really automediality if Jacob does not fully understand what it means to publicly tell a mediated life story?These queries lead to concerns over child social media influence with regard to legal protection, marketing ethics, and user consent. The rise of “fan marketing” presents a nexus of stealth marketing to children by other children. Stealth marketing involves participants, in this case, fans, who do not know they are involved in an advertising scheme. For instance, the popular Minecon Minecraft conference event sessions have pushed their audience to develop the skills to become advocates and advertisers of their products, for example by showing audiences how to build a YouTube channel and sharing tips for growing a community. Targeting children in marketing ploys seems insidious. Marketing analyst Sandy Fleisher describes the value of outsourcing marketing to fan labourers:while Grand Theft Auto spent $120 million on marketing its latest release, Minecraft fans are being taught how to create and market promotional content themselves. One [example] is Minecraft YouTuber, SkydoesMinecraft. His nearly 7 million strong YouTube army, almost as big as Justin Bieber’s, means his daily videos enjoy a lot of views; 1,419,734,267 to be precise. While concerns about meaningful consent that practices like this raise have led some government bodies, and consumer and child protection groups to advocate restrictions for children, other critics have questioned the limits placed on children’s free expression by such restrictions. Tech commentator Larry Magid has written that, “In the interest of protecting children, we sometimes deny them the right to access material and express themselves.” Meghan M. Sweeney notes that “the surge in collaborative web models and the emphasis on interactivity—frequently termed Web 2.0—has meant that children are not merely targets of global media organizations” but have “multiple opportunities to be active, critical, and resistant producers”...and ”may be active agents in the production and dissemination of information” (68). Nevertheless, writes Sweeney, “corporate entities can have restrictive effects on consumers” (68), by for example, limiting imaginative play to the choices offered on a Disney website, or limiting imaginative topics to commercial products (toys, video games etc), as in YouTube review videos. Automedia is an important site from which to consider young children’s online practices in public spheres. Jacob’s performance is indeed meant to influence the choice to buy a toy, but it is also meant to influence others in knowing Jacob as an identity. He means to share and circulate his self. Julie Rak recalls Paul John Eakin’s claims about life-writing that the “process does not even occur at the level of writing, but at the level of living, so that identity formation is the result of narrative-building.” We view Jacob’s performance along these lines. Kinder Playtime offers him a constrained, parent-sanctioned (albeit commercialised) space for role-playing, a practice bound up with identity-formation in the life of most children. To think through the legality of recognising Jacob’s automedial content as his life, Rak is also useful: “In Eakin’s work in particular, we can see evidence of John Locke’s contention that identity is the expression of consciousness which is continuous over time, but that identity is also a product, one’s own property which is a legal entity”. We have argued that children are often caught in the paradox that defines them either as literate digital creators composing and circulating their online selves or as subjectified personas caught up in commercial advertising practices that use their lives for commercial gain. However, through close observation of individual children, one who we met and questioned in our study, Cayden, the other who we met through his mediated, commercialized, and circulated online persona, Jacob, we argue that child social influencers need consideration as autobiographical agents expressing themselves through automediality. As children create, edit, and grow digital traces of their lives and selves, how these texts are framed becomes increasingly important, in part because their future adult selves have such a stake in the matter: they are being formed through automedia. Moreover, these children’s coming of age may bring legal questions about the ownership of their automedial products such as YouTube videos, an enduring legacy they are leaving behind for their adult selves. Crucially, if we reduce identity performances such as unboxing, toy review videos, and other forms of children’s fan marketing to pure advertisement, we cannot afford Jacob and other child influencers the agency that their self representation is legally and artistically their own.ReferencesAbidin, Crystal. “#familygoals: Family Influencers, Calibrated Amateurism, and Justifying Young Digital Labor.” Social Media + Society 3.2 (2017): 1-15.Andrejevic, Mark. “Privacy, Exploitation, and the Digital Enclosure.” Amsterdam Law Forum 1.4 (2009). <http://amsterdamlawforum.org/article/view/94/168>.Atkins, Bridgette, Isabel Pedersen, Shirley Van Nuland, and Samantha Reid. “A Glimpse into the Kids, Creative Storyworlds and Wearables Project: A Work-in-Progress.” ICET 60th World Assembly: Teachers for a Better World: Creating Conditions for Quality Education – Pedagogy, Policy and Professionalism. 2017. 49-60.Beer, David, and Roger Burrows. “Popular Culture, Digital Archives and the New Social Life of Data.” Theory, Culture & Society 30.4 (2013): 47–71.Brophy, Sarah, and Janice Hladki. Introduction. Pedagogy, Image Practices, and Contested Corporealities. Eds. Sarah Brophy and Janice Hladki. New York, NY: Routledge, 2014. 1-6.Craig, David, and Stuart Cunningham. “Toy Unboxing: Living in a(n Unregulated) Material World.” Media International Australia 163.1 (2017): 77-86.Fleischer, Sandy. “Watch Out for That Creeper: What Minecraft Teaches Us about Marketing.” Digital Marketing Magazine. 30 May 2014. <http://digitalmarketingmagazine.co.uk/articles/watch-out-for-that-creeper-what-minecraft-teaches-us-about-marketing>.James, Allison, and Adrian James. Key Concepts in Childhood Studies. London: Sage, 2012.Jenkins, Henry. The Childhood Reader. New York: NYU P, 1998.Jenks, Chris. Childhood. 2nd ed. London: Routledge, 2015.Kennedy, Ümit. "Exploring YouTube as a Transformative Tool in the 'The Power of MAKEUP!' Movement." M/C Journal 19.4 (2016). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/1127>.———. “The Vulnerability of Contemporary Digital Autobiography” a/b: Auto/Biography Studies 32.2 (2017): 409-411.Kinder Playtime. “VTech Kidizoom Smart Watch DX Review by Kinder Playtime.” YouTube, 4 Nov. 2015. <https://www.youtube.com/watch?v=JaxCSjwZjcA&t=28s>.Magid, Larry. “Protecting Children Online Needs to Allow for Their Right to Free Speech.” ConnectSafely 29 Aug. 2014. <http://www.connectsafely.org/protecting-children-online-needs-to-allow-for-their-right-to-free-speech/>.Maguire, Emma. “Home, About, Shop, Contact: Constructing an Authorial Persona via the Author Website.” M/C Journal 17.3 (2014). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/821>.Marsh, Jackie. “‘Unboxing’ Videos: Co-construction of the Child as Cyberflâneur.” Discourse: Studies in the Cultural Politics of Education 37.3 (2016): 369-380.Nansen, Bjorn. “Accidental, Assisted, Automated: An Emerging Repertoire of Infant Mobile Media Techniques.” M/C Journal 18.5 (2015). <http://journal.media-culture.org.au/index.php/mcjournal/article/view/1026>.———, and Benjamin Nicoll. “Toy Unboxing Videos and the Mimetic Production of Play.” Paper presented at the 18th Annual Conference of Internet Researchers (AoIR), Tartu, Estonia. 2017.Palfrey, John, and Urs Gasser. Born Digital: How Children Grow Up in a Digital Age. New York: Basic Books, 2016.Pedersen, Isabel, and Kristen Aspevig. “‘My Eyes Ended Up at My Fingertips, My Ears, My Nose, My Mouth’: Antoine, Autobiographical Documentary, and the Cinematic Depiction of a Blind Child Subject.” Biography: An Interdisciplinary Quarterly 34.4 (2011).Pedersen, Isabel, and Kristen Aspevig. “‘Swept to the Sidelines and Forgotten’: Cultural Exclusion, Blind Persons’ Participation, and International Film Festivals.” Canadian Journal of Disability Studies 3.3 (2014): 29-52.Rak, Julie. “First Person? Life Writing versus Automedia.” International Association for Biography and Autobiography Europe (IABA Europe). Vienna, Austria. 30 Oct. – 3 Nov. 2013.Smith, Sidonie. “The Autobiographical Manifesto.” Ed. Shirely Neuman. Autobiography and Questions of Gender. London: Frank Cass, 1991.———, and Julia Watson. Reading Autobiography. Minneapolis: U of Minnesota P, 2010.———. “Virtually Me: A Toolbox about Online Self-Presentation.” Identity Technologies: Constructing the Self Online. Eds. Anna Poletti and Julie Rak. Madison: U of Wisconsin P, 2014. 70-95.Sweeney, Meghan. “‘Where Happily Ever After Happens Every Day’: Disney's Official Princess Website and the Commodification of Play.” Jeunesse: Young People, Texts, Cultures 3.2 (2011): 66-87.Uhls, Yalda, and Particia Greenfield. “The Value of Fame: Preadolescent Perceptions of Popular Media and Their Relationship to Future Aspirations.” Developmental Psychology 48.2 (2012): 315-326.YouTube. “YouTube for Press.” 2017. <https://www.youtube.com/yt/about/press/>.
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