Journal articles on the topic 'Consumer protection act 68 of 2008 (cpa)'

This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give practical effect to the consumer's right of access to redress", including, but not limited to, "any innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights" in terms of the CPA (in addition to any order provided for in the CPA). First, a brief overview of the provisions on interpretation of the CPA is given, to give context to the interpretation of the power of the courts to make innovative orders. Thereafter, instances are discussed where it is undoubtedly clear that innovative orders are needed, that is, where the CPA creates a right without a remedy. Examples are the consumer's right to receive delivery of the goods or performance of the services within a reasonable time where no time for performance was agreed upon, and the consumer's right to assume that "the supplier has the legal right, or the authority of the legal owner", to supply the goods. This part includes analysis and criticism of the only reported decision which discusses the delineation of the power to grant innovative orders, and which unjustifiably refused to grant such an order in respect of the consumer's right that the goods supplied "remain useable and durable for a reasonable time". The article then considers situations where there is no clear gap in the CPA such as a right without a remedy, but the CPA is nevertheless ambiguous and policy considerations call for an innovative order. This part gives an example of a case where the National Consumer Tribunal briefly referred to section 4(2)(b) on innovative orders in support of a new rule on the suspension of prescription (time limitation) not recognised in the text of the CPA. Part 5 of the article considers the types of orders that were probably envisaged by the legislature when drafting section 4(2)(b) on innovative orders, such as publicity and compliance programme orders, which serve to increase the effectiveness and preventative effect of orders on prohibited conduct. This part of the article considers legislation from the United Kingdom on such orders, which is referred to as "enhanced consumer measures".

The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.

Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom of contract is theoretical and could lead to injustices. In Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) the Court refused to uphold the exemption clauses based on the fact that it would have been unfair and unjust to the plaintiff who had sustained serious bodily injuries during his stay at the hotel. The article discusses this court decision in the light of the provisions of the Consumer Protection Act 68 of 2008 (CPA) against the background of the previous jurisprudence regarding exemption clauses, including the position of exemption clauses in a new constitutional dispensation.

In South Africa, the legislature’s response to the negative consequences resulting from the pervasive use of disclaimers by suppliers has been to regulate the use of these terms through the enactment of a number of provisions in the Consumer Protection Act 68 of 2008 (CPA), including sections 48, 49 and 51. A number of publications have considered the meaning of these provisions and the impact they may have on the use of disclaimers in consumer contracts. As a consequence of the widespread use of disclaimers and the adverse consequences they may hold for consumers, any judicial pronouncement on the impact of the CPA on these clauses is significant. In Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa ([2020] 1 All SA 857 (WCC) (Skydive v UPS)), the Western Cape High Court was afforded the opportunity to consider the impact of aspects of section 49 specifically on the use of a clause in a consumer agreement excluding the risk or liability of suppliers (referred to as an “exemption clause” in this note).Section 49 of the CPA applies to four distinct types of clause enumerated in section 49(1) – namely, clauses limiting the risk or liability of suppliers in respect of any other person; clauses constituting an assumption of risk or liability by the consumer; clauses imposing an obligation on the consumer to indemnify the supplier for any cause; and clauses requiring a consumer to acknowledge a particular fact. As indicated, in Skydive v UPS, the contentious clause was one excluding the risk or liability of the supplier. The focus of this note then is on the interpretation and application by the court in Skydive v UPS of the relevant provisions of section 49 of the CPA to an exemption clause.

The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC).

The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic evidence and observe the maxim pact servanda sunt ‒ is evident and forms the basis of this article. The purpose of consumer protection legislation is to balance the rights of consumers and suppliers, to protect the interests of consumers and to ensure efficient redress for consumers who have been wronged. The parol evidence rule, which is still in effect in South Africa, prohibits extrinsic evidence in a dispute to interpret a written agreement between parties to ensure certainty on the terms and conditions agreed to in writing. In practice, the parol evidence rule can disadvantage consumers who enter into standard-form contracts, as they normally are in an inferior bargaining position and cannot negotiate the individual terms and conditions of consumer agreements. It is obvious that the strict enforcement of the parol evidence rule in consumer agreements could lead to unjust results in consumer disputes. The provisions of the Consumer Protection Act 68 of 2008 are discussed to establish the extent of the limitation of the parol evidence rule therein. Then, the Consumer Rights Act, 2015 in the United Kingdom is considered to establish the tendency to limit the application of the rule in foreign consumer legislation, and to compare that to the position in South Africa. This article discusses whether the restriction or limitation of the parol evidence rule in the Consumer Protection Act is efficient in reaching the aims and objectives of the Act.

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases where their rights have been infringed, impaired or threatened. The article demonstrates that the consumer redress mechanism is an essential component of the Act. However, it argues that having various forums to do so may pose practical challenges, as this may cause confusion and may lead to forum-shopping in cases where an aggrieved consumer has to choose the appropriate forum to seek redress. It is proposed that section 52 should be amended and that section 69 should be purposively and narrowly interpreted to ensure that the consumer protection institutions are exhausted before approaching the ordinary courts.

The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).

Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.

In the 1990s, online dispute resolution became more prevalent with the growth of the Internet and its accompanying issues. Yet despite the apparent advantages of online dispute resolution platforms, South Africa has lagged behind in using such a system for consumer disputes. It has become necessary to appeal for the use of an online system since courts are often too costly and backlogged with other disputes; and existing consumer mechanisms found in the Consumer Protection Act 68 of 2008 have proved to be ineffectual. With the expansion of artificial intelligence and South Africa now entering the Fourth Industrial Revolution, it is evident that reforms to consumer laws may be necessary to keep up with technological advances, as well as to expedite consumer disputes. The use of an online dispute resolution system powered by artificial intelligence may prove beneficial in South Africa. This article argues for the implementation of an e-dispute resolution system similar to eBay’s online Resolution Center.

Die digitale revolusie tydens die laaste drie dekades het ’n enorme impak gemaak op die wyse waarop verbruikers en verskaffers tans optree. Hierdie ontwikkeling skep nou nuwe uitdagings vir verbruikersbeskerming en die regulering van verskaffers. Die verbruikersregbeskermingsmodel waarop bestaande verbruikersregwetgewing in Suid-Afrika en wêreldwyd geskoei is, moet opnuut in oënskou geneem word om te bepaal of dit nog in pas is met die eise van die internetverbruikerswêreld. Die artikel skop af met ’n ontleding van die eienskappe van digitale verbruikers en die soort transaksies wat hulle sluit. Daar word ook daarop gewys hoe verskillende veilige betalingsmetodes bygedra het om die vertroue van verbruikers in internethandel te laat groei. Die artikel ontleed die bestaande pogings om verbruikersreg wêreldwyd te harmonieer. Ten spyte van kulturele, sosiale en ekonomiese verskille bestaan daar nogtans ’n wye verskeidenheid van soortgelyke kwessies wat voorkom en wat vatbaar is vir harmoniëring. Dit is veral die geval met betrekking tot die kwessies wat internethandel opwerp. Landsgrense is vinnig besig om te verdwyn en oorgrensverbruikerstransaksies is nou alledaags wat verdere eise aan verbruikersbeskerming stel. Die invloed van die Verenigde Volke se Kommissie vir Internasionale Handelsreg (UNCITRAL) se Modelwet vir Elektroniese Handel en Transaksies (Model Law on Electronic Commerce) van 1996 op die Suid-Afrikaanse reg en verbruikersreg word ontleed. Daar word ook gekyk of die Wet op Elektroniese Kommunikasie en Transaksies 25 van 2002 wat op die Model Law geskoei is nog pasgemaak is om meer onlangse ontwikkelings baas te raak. Daar word ook ’n ontleding gedoen van die wisselwerking tussen die Wet op Elektroniese Kommunikasie en Transaksies 25 van 2002 en die latere Verbruikersbeskermingswet (Consumer Protection Act) 68 van 2008. Die artikel toon hoe die groei van toegang tot slimfone in Afrika tot wyer toegang tot die internet aanleiding gee en daarmee bydra om die sogenaamde digitale gaping te vernou. Dit maak dit nou ook moontlik vir verbruikers in afgeleë landelike gebiede om deel te neem aan internethandel. Daar word verwys na die sukses met die elektroniese bankwese in Oos-Afrika in hierdie proses. Die ontwikkeling van verbruikersreg in Suid-Afrika word as ’n voorbeeld gebruik om aan te toon hoe die plaaslike verbruikersreg wat tot relatief onlangs onderontwikkel was, deur omvattende wetgewing soos die Nasionale Kredietwet 34 van 2005, die Consumer Protection Act (Verbruikersbeskermingswet wat egter nie op Afrikaans uitgegee is nie) 68 van 2008 en die Wet op Beskerming van Persoonlike Inligting 4 van 2013 vernuwe is, maar dat hierdie wetgewing alreeds nie meer voldoende voorsiening maak vir die eise van internethandel nie. Ten slotte word daar breedweg gewys op die vereistes waaraan verbruikersbeskermingswetgewing moet voldoen om voorsiening te maak vir digitale verbruikersbeskerming. Daar word ook aan die hand gedoen dat die feit dat baie Afrika lande se verbruikersbeskermingswetgewing nog onderontwikkeld is, die moontlikheid bied om moderne pasgemaakte maatreëls te ontwikkel met verwysing na verwikkelinge elders in die wêreld sonder om deur die langsame ontwikkelingsprosesse van elders te gaan.

This edition of PER consists of one oratio, 13 articles and one book review dealing with a variety of themes.The first contribution is an oratio delivered by Lourens du Plessis at a colloquium hosted by the Faculty of Law, University of the Western Cape, on 2 October 2015 to celebrate his life and work, in which he aptly refers to himself as a "learned jackal for justice".The first of the 13 articles is by Lonias Ndlovu, who uses the 2013 Supreme Court of India case of Novartis AG v Union of India to argue for legislative reform by SADC members in the granting of patents for new versions of old medicines. Secondly, Lunga Siyo and John Mubangizi consider whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges, which is fundamental to democracy.Leah Ndimurwimo and Melvin Mbao trace the root causes of Burundi's systemic armed violence and argue that despite several UN Security Council Resolutions and peace agreements aimed at national reconciliation and reconstruction, mass killings and other heinous crimes remain unaddressed. In the fourth place, Marelize Marais and Jan Pretorius present a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act). Phillipa King and Christine Reddell discuss the pivotal role of the public in water use rights, especially in the context of theNational Water Act 36 of 1998 in the fifth article. The difficulties surrounding the tripartite scheme of statutory, constitutional and living law in a pluralistic system such as South Africa are the focus of the article by Rita Ozoemena. She uses the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC) as an example to illustrate the difficulties experienced in trying to balance this scheme. Angela van der Berg critically discusses and describes from a legal perspective the potential and function of public-private partnerships (PPPs) between local government (municipalities) and the private sector in fulfilling the legally entrenched disaster management mandate of municipalities. André van der Walt and Sue-Mari Viljoen argue that there are sound theoretical and systemic reasons why it is necessary to keep in mind the differences between property, land rights and housing rights when analysing, interpreting and applying any of these rights in a specific constitutional text. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is procedurally fair are analysed by Philip Stoop in his article. Liz Lewis also scrutinises the judicial development of customary law in the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC). She pleads for a judicial approach which take cognisance of the norms and values with reference to their particular context and audience instead of those embedded in international and western law. Water security, which is dealt with by Ed Couzens, remains a highly topical theme in a country such as South Africa. He explores ways to circumvent the effects of the Constitutional Court in Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) with regard to the allocation of water to the poor. Izelle du Plessis discusses some of the existing opinions regarding the incorporation of double taxation agreements into the domestic law of South Africa. Last, but not least, Koos Malan deliberates on the rule of law and constitutional supremacy and comes to the conclusion that they are, from the perspective of the factual dimension of the law, more susceptible to the volatility of unpredictable changes and instability than the doctrine of the rule of law and constitutional supremacy purport them to be.In the last contribution to this edition, Robbie Robinson reviews the book "International Law and Child Soldiers" written by Gus Waschefort and published by Hart Publishing (Oxford) in 2015. He is of the opinion that the book is asine qua non for studies of children in international law.

Consumerism has been around for quite some time, giving rise to the need to protect consumers against exploitation by suppliers. In the South African context the impetus to extend protection to consumers of goods and services however only gained proper momentum at the beginning of the 2000s. The Electronic Communications and Transactions Act 25 of 2002 was introduced to provide protection in respect of online transactions. With the introduction of the National Credit Act 34 of 2005 that affords protection to consumers in the credit market as well as the Consumer Protection Act 68 of 2008 that affords protection to consumers in a wide variety of instances consumer protection in South Africa has eventually reached an acceptable level.The CPA, being the most recent in the aforementioned trio of consumer protection legislation, is a comprehensive piece of legislation that extends protection to South African consumers in a wide variety of matters, inter alia, providing them with rights in respect of defective goods, contract terms, franchise agreements, auctions, product liability and so forth. The CPA was signed into law by the President on 24 April 2009 and was put into effect incrementally. The general effective date of the CPA is 31 March 2011 and the regulations issued in terms of the Act were published on 1 April 2011.The fast-developing mobile (cellphone) industry, where products and services improve constantly, necessitates the forging of consumer–brand relationships in order to keep consumers brand loyal and thus to prevent them from switching to competing brands. The South African cellphone industry has been characterised by major growth and is regarded as being one of the fastest-growing industries on the African continent. The number of cellphone users has more than doubled from 12 million in 2005 to 28 million in 2011, constituting 82% of the adult South African population. Competition between cellphone brands has also increased as a variety of different cellphone handsets and smart phones have started entering the South African market, making them accessible and affordable to South African consumers, as well as making it easier to switch between brands. South Africa has shown rapid growth in the number of cellphone users, leading the market to reach saturation. This rapid growth has also led to major network congestion and subsequent service problems related to the South African cellphone service provider networks. Subsequently, customers are showing high levels of customer dissatisfaction, requiring service recovery strategies to be put in place to remedy the situation. As it is impossible for service providers to consistently meet and exceed customer needs, service providers need to determine what remedies customers anticipate when their expectations are not met and service failures occur. If service providers are unable to recover from service failures, service providers could experience detrimental results to their profitability and performance, which could furthermore lead to customers switching service providers and engaging in negative word-of-mouth. According to Bejou and Palmer, it is important for a service business to determine their customer types and how long customers have been dealing with them (consumption stage), as this will influence how customers will react when faced with poor service and service failures and how easily they will switch to a substitutable product and new service provider.This note will examine the right to fair value, good quality, and safety in respect of services provided by mobile “service providers” in South Africa with particular reference to the CPA as well as the WASPA Code of Conduct for the mobile service provider industry.

Literally thousands of consumer agreements are concluded every day between innkeepers and their guests. For present purposes an innkeeper is understood to be a supplier of accommodation services and, in turn, implies the proprietor of an accommodation establishment, such as a hotel, lodge and bed and breakfast establishment. It is unfortunately not uncommon that property of some consumers of accommodation services are damaged or lost through theft or other causes whilst making use of these services. As an example may serve a media report where the Daily Dispatch reported on an incident stemming from an alleged theft by employees of the Kariega Game Reserve from guests at the Reserve. This perennial problem raises the issue as to the liability of the supplier for loss of or damage to the property of the consumer whilst the latter is making use of the accommodation services of the supplier. In the praetorian edict de nautius, cauponibus et stabulariis the common law provides a specific solution as to the liability of the supplier. The edict, which is a consequence of the contract for accommodation services between the supplier and the consumer of those services, imposes strict liability on the supplier for loss of, or damage to, the property of the consumer. This protection, however, is largely negated by the general practice of expressly excluding the liability imposed by the edict in the consumer agreement between the parties.The introduction of the Consumer Protection Act 68 of 2008 (CPA) saw a number of specific provisions impacting the relationship between consumer and supplier of accommodation services – such as provisions pertaining to equality (s 8 and 9); privacy (s 11 and 12); cancellation of advance reservations (s 17); and customer loyalty programmes (s 35), to name but a few.The CPA also has implications for the supplier of accommodation services when it comes to the supplier’s liability for the loss of, or damage to, the property of the consumer. This note focuses on two particular aspects. The first considers briefly the impact of the Act on clauses excluding the liability of the supplier for loss or damage to the consumer’s property. Provisions of the CPA regulating the use of clauses excluding liability may therefore have relevance for the praetorian edict, as the protection provided by the edict is excluded as a standard practice, as stated. The edict, because of the impact of the CPA, therefore may resume its relevance of earlier years.The second aspect pertains specifically to section 65(2) of the CPA. This provision imposes a duty on suppliers in general to account for the property of the consumer when such property is in possession of the supplier. As a matter of course guests bring property into the accommodation establishment of the innkeeper with which the consumer has contracted. If such property is lost or damaged (through no fault of the consumer) the question arises whether section 65(2) can find application. If it does, it can have significant consequences for both suppliers and consumers, but if not, then an understanding of the impact of the CPA on the use of clauses in a consumer contract excluding liability becomes even more important.

Although South African private international law is primarily based on bilateral and multilateral reference rules, the legislator in recent consumer protection legislation rather employs unilateral conflict rules by the identification of rules of immediate application and in the form of scope rules. The relevant provisions in the Electronic Communications and Transactions Act 25 of 2002, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008 are discussed, together with the role that the traditional conflict rules still play. A new rule of private international law for consumer contracts is proposed; in this regard the principle of preferential treatmentwill play a role in the context of alternative reference rules.

This research sets out a practical enforcement problem which provincial consumer protection authorities are faced with under the Consumer Protection Act 68 of 2008. In the initial period after the Act became effective, many of the provincial authorities received complaints that involved the consumer and supplier being in different provinces. In terms of section 84 of the Act, which sets out jurisdictional limits of the provincial authorities, it appears that provincial authorities were only able to intervene in a dispute where the consumer and supplier are present in their province. The provincial authorities referred such cross-border disputes to the National Consumer Commission for resolution as the Commission has jurisdiction throughout the country. The Commission refused to deal with these individual disputes. This research sets out the sections of the Act, and other measures, which could potentially be used to try to resolve this situation.

Introduction This article explores the changing relational quality of “the shadow of hierarchy”, in the context of the merging of platforms with infrastructure as the source of the shadow of hierarchy. In governance and regulatory studies, the shadow of hierarchy (or variations thereof), describes the space of influence that hierarchal organisations and infrastructures have (Héritier and Lehmkuhl; Lance et al.). A shift in who/what casts the shadow of hierarchy will necessarily result in changes to the attendant relational values, logics, and (techno)socialities that constitute the shadow, and a new arrangement of shadow that presents new challenges and opportunities. This article reflects on relevant literature to consider two different ways the shadow of hierarchy has qualitatively changed as platforms, rather than infrastructures, come to cast the shadow of hierarchy – an increase in scalability; and new socio-technical arrangements of (non)participation – and the opportunities and challenges therein. The article concludes that more concerted efforts are needed to design the shadow, given a seemingly directionless desire to enact data-driven solutions. The Shadow of Hierarchy, Infrastructures, and Platforms The shadow of hierarchy refers to how institutional, infrastructural, and organisational hierarchies create a relational zone of influence over a particular space. This commonly refers to executive decisions and legislation created by nation states, which are cast over private and non-governmental actors (Héritier and Lehmkuhl, 2). Lance et al. (252–53) argue that the shadow of hierarchy is a productive and desirable thing. Exploring the shadow of hierarchy in the context of how geospatial data agencies govern their data, Lance et al. find that the shadow of hierarchy enables the networked governance approaches that agencies adopt. This is because operating in the shadow of institutions provides authority, confers bureaucratic legitimacy and top-down power, and offers financial support. The darkness of the shadow is thus less a moral or ethicopolitical statement (such as that suggested by Fisher and Bolter, who use the idea of darkness to unpack the morality of tourism involving death and human suffering), and instead a relationality; an expression of differing values, logics, and (techno)socialities internal and external to those infrastructures and institutions that cast it (Gehl and McKelvey). The shadow of hierarchy might therefore be thought of as a field of relational influences and power that a social body casts over society, by virtue of a privileged position vis-a-vis society. It modulates society’s “light”; the resources (Bourdieu) and power relationships (Foucault) that run through social life, as parsed through a certain institutional and infrastructural worldview (the thing that blocks the light to create the shadow). In this way the shadow of hierarchy is not a field of absolute blackness that obscures, but instead a gradient of light and dark that creates certain effects. The shadow of hierarchy is now, however, also being cast by decentralised, privately held, and non-hierarchal platforms that are replacing or merging with public infrastructure, creating new social effects. Platforms are digital, socio-technical systems that create relationships between different entities. They are most commonly built around a relatively fixed core function (such as a social media service like Facebook), that then interacts with a peripheral set of complementors (advertising companies and app developers in the case of social media; Baldwin and Woodard), to create new relationships, forms of value, and other interactions (van Dijck, The Culture of Connectivity). In creating these relationships, platforms become inherently political (Gillespie), shaping relationships and content on the platform (Suzor) and in embodied life (Ajunwa; Eubanks). While platforms are often associated with optional consumer platforms (such as streaming services like Spotify), they have increasingly come to occupy the place of public infrastructure, and act as a powerful enabler to different socio-technical, economic, and political relationships (van Dijck, Governing Digital Societies). For instance, Plantin et al. argue that platforms have merged with infrastructures, and that once publicly held and funded institutions and essential services now share many characteristics with for-profit, privately held platforms. For example, Australia has had a long history of outsourcing employment services (Webster and Harding), and nearly privatised its entire visa processing data infrastructure (Jenkins). Platforms therefore have a greater role in casting the shadow of hierarchy than before. In doing so, they cast a shadow that is qualitatively different, modulated through a different set of relational values and (techno)socialities. Scalability A key difference and selling point of platforms is their scalability; since they can rapidly and easily up- and down-scale their functionalities in a way that traditional infrastructure cannot (Plantin et al.). The ability to respond “on-demand” to infrastructural requirements has made platforms the go-to service delivery option in the neo-liberalised public infrastructure environment (van Dijck, Governing Digital Societies). For instance, services providers like Amazon Web Services or Microsoft Azure provide on demand computing capacity for many nations’ most valuable services, including their intelligence and security capabilities (Amoore, Cloud Ethics; Konkel). The value of such platforms to government lies in the reduced cost and risk that comes with using rented capabilities, and the enhanced flexibility to increase or decrease their usage as required, without any of the economic sunk costs attached to owning the infrastructure. Scalability is, however, not just about on-demand technical capability, but about how platforms can change the scale of socio-technical relationships and services that are mediated through the platform. This changes the relational quality of the shadow of hierarchy, as activities and services occurring within the shadow are now connected into a larger and rapidly modulating scale. Scalability allows the shadow of hierarchy to extend from those in proximity to institutions to the broader population in general. For example, individual citizens can more easily “reach up” into governmental services and agencies as a part of completing their everyday business through platform such as MyGov in Australia (Services Australia). Using a smartphone application, citizens are afforded a more personalised and adaptive experience of the welfare state, as engaging with welfare services is no-longer tied to specific “brick-and-mortar” locations, but constantly available through a smartphone app and web portal. Multiple government services including healthcare and taxation are also connected to this platform, allowing users to reach across multiple government service domains to complete their personal business, seeking information and services that would have once required separate communications with different branches of government. The individual’s capacities to engage with the state have therefore upscaled with this change in the shadow, retaining a productivity and capacity enhancing quality that is reminiscent of older infrastructures and institutions, as the individual and their lived context is brought closer to the institutions themselves. Scale, however, comes with complications. The fundamental driver for scalability and its adaptive qualities is datafication. This means individuals and organisations are inflecting their operational and relational logics with the logic of datafication: a need to capture all data, at all times (van Dijck, Datafication; Fourcade and Healy). Platforms, especially privately held platforms, benefit significantly from this, as they rely on data to drive and refine their algorithmic tools, and ultimately create actionable intelligence that benefits their operations. Thus, scalability allows platforms to better “reach down” into individual lives and different social domains to fuel their operations. For example, as public transport services become increasingly datafied into mobility-as-a-service (MAAS) systems, ride sharing and on-demand transportation platforms like Uber and Lyft become incorporated into the public transport ecosystem (Lyons et al.). These platforms capture geospatial, behavioural, and reputational data from users and drivers during their interactions with the platform (Rosenblat and Stark; Attoh et al.). This generates additional value, and profits, for the platform itself with limited value returned to the user or the broader public it supports, outside of the transport service. It also places the platform in a position to gain wider access to the population and their data, by virtue of operating as a part of a public service. In this way the shadow of hierarchy may exacerbate inequity. The (dis)benefits of the shadow of hierarchy become unevenly spread amongst actors within its field, a function of an increased scalability that connects individuals into much broader assemblages of datafication. For Eubank, this can entrench existing economic and social inequalities by forcing those in need to engage with digitally mediated welfare systems that rely on distant and opaque computational judgements. Local services are subject to increased digital surveillance, a removal of agency from frontline advocates, and algorithmic judgement at scale. More fortunate citizens are also still at risk, with Nardi and Ekbia arguing that many digitally scaled relationships are examples of “heteromation”, whereby platforms convince actors in the platform to labour for free, such as through providing ratings which establish a platform’s reputational economy. Such labour fuels the operation of the platform through exploiting users, who become both a product/resource (as a source of data for third party advertisers) and a performer of unrewarded digital labour, such as through providing user reviews that help guide a platform’s algorithm(s). Both these examples represent a particularly disconcerting outcome for the shadow of hierarchy, which has its roots in public sector institutions who operate for a common good through shared and publicly held infrastructure. In shifting towards platforms, especially privately held platforms, value is transmitted to private corporations and not the public or the commons, as was the case with traditional infrastructure. The public also comes to own the risks attached to platforms if they become tied to public services, placing a further burden on the public if the platform fails, while reaping none of the profit and value generated through datafication. This is a poor bargain at best. (Non)Participation Scalability forms the basis for a further predicament: a changing socio-technical dynamic of (non)participation between individuals and services. According to Star (118), infrastructures are defined through their relationships to a given context. These relationships, which often exist as boundary objects between different communities, are “loosely structured in common use, and become tightly bound in particular locations” (Star, 118). While platforms are certainly boundary objects and relationally defined, the affordances of cloud computing have enabled a decoupling from physical location, and the operation of platforms across time and space through distributed digital nodes (smartphones, computers, and other localised hardware) and powerful algorithms that sort and process requests for service. This does not mean location is not important for the cloud (see Amoore, Cloud Geographies), but platforms are less likely to have a physically co-located presence in the same way traditional infrastructures had. Without the same institutional and infrastructural footprint, the modality for participating in and with the shadow of hierarchy that platforms cast becomes qualitatively different and predicated on digital intermediaries. Replacing a physical and human footprint with algorithmically supported and decentralised computing power allows scalability and some efficiency improvements, but it also removes taken-for-granted touchpoints for contestation and recourse. For example, ride-sharing platform Uber operates globally, and has expressed interest in operating in complement to (and perhaps in competition with) public transport services in some cities (Hall et al.; Conger). Given that Uber would come to operate as a part of the shadow of hierarchy that transport authorities cast over said cities, it would not be unreasonable to expect Uber to be subject to comparable advocacy, adjudication, transparency, and complaint-handling requirements. Unfortunately, it is unclear if this would be the case, with examples suggesting that Uber would use the scalability of its platform to avoid these mechanisms. This is revealed by ongoing legal action launched by concerned Uber drivers in the United Kingdom, who have sought access to the profiling data that Uber uses to manage and monitor its drivers (Sawers). The challenge has relied on transnational law (the European Union’s General Data Protection Regulation), with UK-based drivers lodging claims in Amsterdam to initiate the challenge. Such costly and complex actions are beyond the means of many, but demonstrate how reasonable participation in socio-technical and governance relationships (like contestations) might become limited, depending on how the shadow of hierarchy changes with the incorporation of platforms. Even if legal challenges for transparency are successful, they may not produce meaningful change. For instance, O’Neil links algorithmic bias to mathematical shortcomings in the variables used to measure the world; in the creation of irritational feedback loops based on incorrect data; and in the use of unsound data analysis techniques. These three factors contribute to inequitable digital metrics like predictive policing algorithms that disproportionately target racial minorities. Large amounts of selective data on minorities create myopic algorithms that direct police to target minorities, creating more selective data that reinforces the spurious model. These biases, however, are persistently inaccessible, and even when visible are often unintelligible to experts (Ananny and Crawford). The visibility of the technical “installed base” that support institutions and public services is therefore not a panacea, especially when the installed base (un)intentionally obfuscates participation in meaningful engagement like complaints handling. A negative outcome is, however, also not an inevitable thing. It is entirely possible to design platforms to allow individual users to scale up and have opportunities for enhanced participation. For instance, eGovernance and mobile governance literature have explored how citizens engage with state services at scale (Thomas and Streib; Foth et al.), and the open government movement has demonstrated the effectiveness of open data in understanding government operations (Barns; Janssen et al.), although these both have their challenges (Chadwick; Dawes). It is not a fantasy to imagine alternative configurations of the shadow of hierarchy that allow more participatory relationships. Open data could facilitate the governance of platforms at scale (Box et al.), where users are enfranchised into a platform by some form of membership right and given access to financial and governance records, in the same way that corporate shareholders are enfranchised, facilitated by the same app that provides a service. This could also be extended to decision making through voting and polling functions. Such a governance form would require radically different legal, business, and institutional structures to create and enforce this arrangement. Delacoix and Lawrence, for instance, suggest that data trusts, where a trustee is assigned legal and fiduciary responsibility to achieve maximum benefit for a specific group’s data, can be used to negotiate legal and governance relationships that meaningfully benefit the users of the trust. Trustees can be instructed to only share data to services whose algorithms are regularly audited for bias and provide datasets that are accurate representations of their users, for instance, avoiding erroneous proxies that disrupt algorithmic models. While these developments are in their infancy, it is not unreasonable to reflect on such endeavours now, as the technologies to achieve these are already in use. Conclusions There is a persistent myth that data will yield better, faster, more complete results in whatever field it is applied (Lee and Cook; Fourcade and Healy; Mayer-Schönberger and Cukier; Kitchin). This myth has led to data-driven assemblages, including artificial intelligence, platforms, surveillance, and other data-technologies, being deployed throughout social life. The public sector is no exception to this, but the deployment of any technological solution within the traditional institutions of the shadow of hierarchy is fraught with challenges, and often results in failure or unintended consequences (Henman). The complexity of these systems combined with time, budgetary, and political pressures can create a contested environment. It is this environment that moulds societies' light and resources to cast the shadow of hierarchy. Relationality within a shadow of hierarchy that reflects the complicated and competing interests of platforms is likely to present a range of unintended social consequences that are inherently emergent because they are entering into a complex system – society – that is extremely hard to model. The relational qualities of the shadow of hierarchy are therefore now more multidimensional and emergent, and experiences relating to socio-technical features like scale, and as a follow-on (non)participation, are evidence of this. Yet by being emergent, they are also directionless, a product of complex systems rather than designed and strategic intent. This is not an inherently bad thing, but given the potential for data-system and platforms to have negative or unintended consequences, it is worth considering whether remaining directionless is the best outcome. There are many examples of data-driven systems in healthcare (Obermeyer et al.), welfare (Eubanks; Henman and Marston), and economics (MacKenzie), having unintended and negative social consequences. Appropriately guiding the design and deployment of theses system also represents a growing body of knowledge and practical endeavour (Jirotka et al.; Stilgoe et al.). Armed with the knowledge of these social implications, constructing an appropriate social architecture (Box and Lemon; Box et al.) around the platforms and data systems that form the shadow of hierarchy should be encouraged. This social architecture should account for the affordances and emergent potentials of a complex social, institutional, economic, political, and technical environment, and should assist in guiding the shadow of hierarchy away from egregious challenges and towards meaningful opportunities. To be directionless is an opportunity to take a new direction. The intersection of platforms with public institutions and infrastructures has moulded society’s light into an evolving and emergent shadow of hierarchy over many domains. With the scale of the shadow changing, and shaping participation, who benefits and who loses out in the shadow of hierarchy is also changing. Equipped with insights into this change, we should not hesitate to shape this change, creating or preserving relationalities that offer the best outcomes. Defining, understanding, and practically implementing what the “best” outcome(s) are would be a valuable next step in this endeavour, and should prompt considerable discussion. 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Introduction This paper offers a survey of familiar popular music performers and songwriters who reference coffee in their work. It examines three areas of discourse: the psychoactive effects of caffeine, coffee and courtship rituals, and the politics of coffee consumption. I claim that coffee carries a cultural and musicological significance comparable to that of the chemical stimulants and consumer goods more readily associated with popular music. Songs about coffee may not be as potent as those featuring drugs and alcohol (Primack; Schapiro), or as common as those referencing commodities like clothes and cars (Englis; McCracken), but they do feature across a wide range of genres, some of which enjoy archetypal associations with this beverage. m.o.m.m.y. Needs c.o.f.f.e.e.: The Psychoactive Effect of Coffee The act of performing and listening to popular music involves psychological elements comparable to the overwhelming sensory experience of drug taking: altered perceptions, repetitive grooves, improvisation, self-expression, and psychological empathy—such as that between musician and audience (Curry). Most popular music genres are, as a result, culturally and sociologically identified with the consumption of at least one mind-altering substance (Lyttle; Primack; Schapiro). While the analysis of lyrics referring to this theme has hitherto focused on illegal drugs and alcoholic beverages (Cooper), coffee and its psychoactive ingredient caffeine have been almost entirely overlooked (Summer). The most recent study of drugs in popular music, for example, defined substance use as “tobacco, alcohol, marijuana, cocaine and other stimulants, heroin and other opiates, hallucinogens, inhalants, prescription drugs, over-the-counter drugs, and nonspecific substances” (Primack 172), thereby ignoring a chemical stimulant consumed by 90 per cent of adult Americans every day (Lovett). The wide availability of coffee and the comparatively mild effect of caffeine means that its consumption rarely causes harm. One researcher has described it as a ubiquitous and unobtrusive “generalised public activity […] ‘invisible’ to analysts seeking distinctive social events” (Cooper 92). Coffee may provide only a relatively mild “buzz”—but it is now accepted that caffeine is an addictive substance (Juliano) and, due to its universal legality, coffee is also the world’s most extensively traded and enthusiastically consumed psychoactive consumer product (Juliano 1). The musical genre of jazz has a longstanding relationship with marijuana and narcotics (Curry; Singer; Tolson; Winick). Unsurprisingly, given its Round Midnight connotations, jazz standards also celebrate the restorative impact of coffee. Exemplary compositions include Burke/Webster’s insomniac torch song Black Coffee, which provided hits for Sarah Vaughan (1949), Ella Fitzgerald (1953), and Peggy Lee (1960); and Frank Sinatra’s recordings of Hilliard/Dick’s The Coffee Song (1946, 1960), which satirised the coffee surplus in Brazil at a time when this nation enjoyed a near monopoly on production. Sinatra joked that this ubiquitous drink was that country’s only means of liquid refreshment, in a refrain that has since become a headline writer’s phrasal template: “There’s an Awful Lot of Coffee in Vietnam,” “An Awful Lot of Coffee in the Bin,” and “There’s an Awful Lot of Taxes in Brazil.” Ethnographer Aaron Fox has shown how country music gives expression to the lived social experience of blue-collar and agrarian workers (Real 29). Coffee’s role in energising working class America (Cooper) is featured in such recordings as Dolly Parton’s Nine To Five (1980), which describes her morning routine using a memorable “kitchen/cup of ambition” rhyme, and Don't Forget the Coffee Billy Joe (1973) by Tom T. Hall which laments the hardship of unemployment, hunger, cold, and lack of healthcare. Country music’s “tired truck driver” is the most enduring blue-collar trope celebrating coffee’s analeptic powers. Versions include Truck Drivin' Man by Buck Owens (1964), host of the country TV show Hee Haw and pioneer of the Bakersfield sound, and Driving My Life Away from pop-country crossover star Eddie Rabbitt (1980). Both feature characteristically gendered stereotypes of male truck drivers pushing on through the night with the help of a truck stop waitress who has fuelled them with caffeine. Johnny Cash’s A Cup of Coffee (1966), recorded at the nadir of his addiction to pills and alcohol, has an incoherent improvised lyric on this subject; while Jerry Reed even prescribed amphetamines to keep drivers awake in Caffein [sic], Nicotine, Benzedrine (And Wish Me Luck) (1980). Doye O’Dell’s Diesel Smoke, Dangerous Curves (1952) is the archetypal “truck drivin’ country” song and the most exciting track of its type. It subsequently became a hit for the doyen of the subgenre, Red Simpson (1966). An exhausted driver, having spent the night with a woman whose name he cannot now recall, is fighting fatigue and wrestling his hot-rod low-loader around hairpin mountain curves in an attempt to rendezvous with a pretty truck stop waitress. The song’s palpable energy comes from its frenetic guitar picking and the danger implicit in trailing a heavy load downhill while falling asleep at the wheel. Tommy Faile’s Phantom 309, a hit for Red Sovine (1967) that was later covered by Tom Waits (Big Joe and the Phantom 309, 1975), elevates the “tired truck driver” narrative to gothic literary form. Reflecting country music’s moral code of citizenship and its culture of performative storytelling (Fox, Real 23), it tells of a drenched and exhausted young hitchhiker picked up by Big Joe—the driver of a handsome eighteen-wheeler. On arriving at a truck stop, Joe drops the traveller off, giving him money for a restorative coffee. The diner falls silent as the hitchhiker orders up his “cup of mud”. Big Joe, it transpires, is a phantom trucker. After running off the road to avoid a school bus, his distinctive ghost rig now only reappears to rescue stranded travellers. Punk rock, a genre closely associated with recreational amphetamines (McNeil 76, 87), also features a number of caffeine-as-stimulant songs. Californian punk band, Descendents, identified caffeine as their drug of choice in two 1996 releases, Coffee Mug and Kids on Coffee. These songs describe chugging the drink with much the same relish and energy that others might pull at the neck of a beer bottle, and vividly compare the effects of the drug to the intense rush of speed. The host of “New Music News” (a segment of MTV’s 120 Minutes) references this correlation in 1986 while introducing the band’s video—in which they literally bounce off the walls: “You know, while everybody is cracking down on crack, what about that most respectable of toxic substances or stimulants, the good old cup of coffee? That is the preferred high, actually, of California’s own Descendents—it is also the subject of their brand new video” (“New Music News”). Descendents’s Sessions EP (1997) featured an overflowing cup of coffee on the sleeve, while punk’s caffeine-as-amphetamine trope is also promulgated by Hellbender (Caffeinated 1996), Lagwagon (Mr. Coffee 1997), and Regatta 69 (Addicted to Coffee 2005). Coffee in the Morning and Kisses in the Night: Coffee and Courtship Coffee as romantic metaphor in song corroborates the findings of early researchers who examined courtship rituals in popular music. Donald Horton’s 1957 study found that hit songs codified the socially constructed self-image and limited life expectations of young people during the 1950s by depicting conservative, idealised, and traditional relationship scenarios. He summarised these as initial courtship, honeymoon period, uncertainty, and parting (570-4). Eleven years after this landmark analysis, James Carey replicated Horton’s method. His results revealed that pop lyrics had become more realistic and less bound by convention during the 1960s. They incorporated a wider variety of discourse including the temporariness of romantic commitment, the importance of individual autonomy in relationships, more liberal attitudes, and increasingly unconventional courtship behaviours (725). Socially conservative coffee songs include Coffee in the Morning and Kisses in the Night by The Boswell Sisters (1933) in which the protagonist swears fidelity to her partner on condition that this desire is expressed strictly in the appropriate social context of marriage. It encapsulates the restrictions Horton identified on courtship discourse in popular song prior to the arrival of rock and roll. The Henderson/DeSylva/Brown composition You're the Cream in My Coffee, recorded by Annette Hanshaw (1928) and by Nat King Cole (1946), also celebrates the social ideal of monogamous devotion. The persistence of such idealised traditional themes continued into the 1960s. American pop singer Don Cherry had a hit with Then You Can Tell Me Goodbye (1962) that used coffee as a metaphor for undying and everlasting love. Otis Redding’s version of Butler/Thomas/Walker’s Cigarettes and Coffee (1966)—arguably soul music’s exemplary romantic coffee song—carries a similar message as a couple proclaim their devotion in a late night conversation over coffee. Like much of the Stax catalogue, Cigarettes and Coffee, has a distinctly “down home” feel and timbre. The lovers are simply content with each other; they don’t need “cream” or “sugar.” Horton found 1950s blues and R&B lyrics much more sexually explicit than pop songs (567). Dawson (1994) subsequently characterised black popular music as a distinct public sphere, and Squires (2002) argued that it displayed elements of what she defined as “enclave” and “counterpublic” traits. Lawson (2010) has argued that marginalised and/or subversive blues artists offered a form of countercultural resistance against prevailing social norms. Indeed, several blues and R&B coffee songs disregard established courtship ideals and associate the product with non-normative and even transgressive relationship circumstances—including infidelity, divorce, and domestic violence. Lightnin’ Hopkins’s Coffee Blues (1950) references child neglect and spousal abuse, while the narrative of Muddy Waters’s scorching Iodine in my Coffee (1952) tells of an attempted poisoning by his Waters’s partner. In 40 Cups of Coffee (1953) Ella Mae Morse is waiting for her husband to return home, fuelling her anger and anxiety with caffeine. This song does eventually comply with traditional courtship ideals: when her lover eventually returns home at five in the morning, he is greeted with a relieved kiss. In Keep That Coffee Hot (1955), Scatman Crothers supplies a counterpoint to Morse’s late-night-abandonment narrative, asking his partner to keep his favourite drink warm during his adulterous absence. Brook Benton’s Another Cup of Coffee (1964) expresses acute feelings of regret and loneliness after a failed relationship. More obliquely, in Coffee Blues (1966) Mississippi John Hurt sings affectionately about his favourite brand, a “lovin’ spoonful” of Maxwell House. In this, he bequeathed the moniker of folk-rock band The Lovin’ Spoonful, whose hits included Do You Believe in Magic (1965) and Summer in the City (1966). However, an alternative reading of Hurt’s lyric suggests that this particular phrase is a metaphorical device proclaiming the author’s sexual potency. Hurt’s “lovin’ spoonful” may actually be a portion of his seminal emission. In the 1950s, Horton identified country as particularly “doleful” (570), and coffee provides a common metaphor for failed romance in a genre dominated by “metanarratives of loss and desire” (Fox, Jukebox 54). Claude Gray’s I'll Have Another Cup of Coffee (Then I’ll Go) (1961) tells of a protagonist delivering child support payments according to his divorce lawyer’s instructions. The couple share late night coffee as their children sleep through the conversation. This song was subsequently recorded by seventeen-year-old Bob Marley (One Cup of Coffee, 1962) under the pseudonym Bobby Martell, a decade prior to his breakthrough as an international reggae star. Marley’s youngest son Damian has also performed the track while, interestingly in the context of this discussion, his older sibling Rohan co-founded Marley Coffee, an organic farm in the Jamaican Blue Mountains. Following Carey’s demonstration of mainstream pop’s increasingly realistic depiction of courtship behaviours during the 1960s, songwriters continued to draw on coffee as a metaphor for failed romance. In Carly Simon’s You’re So Vain (1972), she dreams of clouds in her coffee while contemplating an ostentatious ex-lover. Squeeze’s Black Coffee In Bed (1982) uses a coffee stain metaphor to describe the end of what appears to be yet another dead-end relationship for the protagonist. Sarah Harmer’s Coffee Stain (1998) expands on this device by reworking the familiar “lipstick on your collar” trope, while Sexsmith & Kerr’s duet Raindrops in my Coffee (2005) superimposes teardrops in coffee and raindrops on the pavement with compelling effect. Kate Bush’s Coffee Homeground (1978) provides the most extreme narrative of relationship breakdown: the true story of Cora Henrietta Crippin’s poisoning. Researchers who replicated Horton’s and Carey’s methodology in the late 1970s (Bridges; Denisoff) were surprised to find their results dominated by traditional courtship ideals. The new liberal values unearthed by Carey in the late 1960s simply failed to materialise in subsequent decades. In this context, it is interesting to observe how romantic coffee songs in contemporary soul and jazz continue to disavow the post-1960s trend towards realistic social narratives, adopting instead a conspicuously consumerist outlook accompanied by smooth musical timbres. This phenomenon possibly betrays the influence of contemporary coffee advertising. From the 1980s, television commercials have sought to establish coffee as a desirable high end product, enjoyed by bohemian lovers in a conspicuously up-market environment (Werder). All Saints’s Black Coffee (2000) and Lebrado’s Coffee (2006) identify strongly with the culture industry’s image of coffee as a luxurious beverage whose consumption signifies prominent social status. All Saints’s promotional video is set in a opulent location (although its visuals emphasise the lyric’s romantic disharmony), while Natalie Cole’s Coffee Time (2008) might have been itself written as a commercial. Busting Up a Starbucks: The Politics of Coffee Politics and coffee meet most palpably at the coffee shop. This conjunction has a well-documented history beginning with the establishment of coffee houses in Europe and the birth of the public sphere (Habermas; Love; Pincus). The first popular songs to reference coffee shops include Jaybird Coleman’s Coffee Grinder Blues (1930), which boasts of skills that precede the contemporary notion of a barista by four decades; and Let's Have Another Cup of Coffee (1932) from Irving Berlin’s depression-era musical Face The Music, where the protagonists decide to stay in a restaurant drinking coffee and eating pie until the economy improves. Coffee in a Cardboard Cup (1971) from the Broadway musical 70 Girls 70 is an unambiguous condemnation of consumerism, however, it was written, recorded and produced a generation before Starbucks’ aggressive expansion and rapid dominance of the coffee house market during the 1990s. The growth of this company caused significant criticism and protest against what seemed to be a ruthless homogenising force that sought to overwhelm local competition (Holt; Thomson). In response, Starbucks has sought to be defined as a more responsive and interactive brand that encourages “glocalisation” (de Larios; Thompson). Koller, however, has characterised glocalisation as the manipulative fabrication of an “imagined community”—whose heterogeneity is in fact maintained by the aesthetics and purchasing choices of consumers who make distinctive and conscious anti-brand statements (114). Neat Capitalism is a more useful concept here, one that intercedes between corporate ideology and postmodern cultural logic, where such notions as community relations and customer satisfaction are deliberately and perhaps somewhat cynically conflated with the goal of profit maximisation (Rojek). As the world’s largest chain of coffee houses with over 19,400 stores in March 2012 (Loxcel), Starbucks is an exemplar of this phenomenon. Their apparent commitment to environmental stewardship, community relations, and ethical sourcing is outlined in the company’s annual “Global Responsibility Report” (Vimac). It is also demonstrated in their engagement with charitable and environmental non-governmental organisations such as Fairtrade and Co-operative for Assistance and Relief Everywhere (CARE). By emphasising this, Starbucks are able to interpellate (that is, “call forth”, “summon”, or “hail” in Althusserian terms) those consumers who value environmental protection, social justice and ethical business practices (Rojek 117). Bob Dylan and Sheryl Crow provide interesting case studies of the persuasive cultural influence evoked by Neat Capitalism. Dylan’s 1962 song Talkin’ New York satirised his formative experiences as an impoverished performer in Greenwich Village’s coffee houses. In 1995, however, his decision to distribute the Bob Dylan: Live At The Gaslight 1962 CD exclusively via Starbucks generated significant media controversy. Prominent commentators expressed their disapproval (Wilson Harris) and HMV Canada withdrew Dylan’s product from their shelves (Lynskey). Despite this, the success of this and other projects resulted in the launch of Starbucks’s in-house record company, Hear Music, which released entirely new recordings from major artists such as Ray Charles, Paul McCartney, Joni Mitchell, Carly Simon and Elvis Costello—although the company has recently announced a restructuring of their involvement in this venture (O’Neil). Sheryl Crow disparaged her former life as a waitress in Coffee Shop (1995), a song recorded for her second album. “Yes, I was a waitress. I was a waitress not so long ago; then I won a Grammy” she affirmed in a YouTube clip of a live performance from the same year. More recently, however, Crow has become an avowed self-proclaimed “Starbucks groupie” (Tickle), releasing an Artist’s Choice (2003) compilation album exclusively via Hear Music and performing at the company’s 2010 Annual Shareholders’s Meeting. Songs voicing more unequivocal dissatisfaction with Starbucks’s particular variant of Neat Capitalism include Busting Up a Starbucks (Mike Doughty, 2005), and Starbucks Takes All My Money (KJ-52, 2008). The most successful of these is undoubtedly Ron Sexsmith’s Jazz at the Bookstore (2006). Sexsmith bemoans the irony of intense original blues artists such as Leadbelly being drowned out by the cacophony of coffee grinding machines while customers queue up to purchase expensive coffees whose names they can’t pronounce. In this, he juxtaposes the progressive patina of corporate culture against the circumstances of African-American labour conditions in the deep South, the shocking incongruity of which eventually cause the old bluesman to turn in his grave. Fredric Jameson may have good reason to lament the depthless a-historical pastiche of postmodern popular culture, but this is no “nostalgia film”: Sexsmith articulates an artfully framed set of subtle, sensitive, and carefully contextualised observations. Songs about coffee also intersect with politics via lyrics that play on the mid-brown colour of the beverage, by employing it as a metaphor for the sociological meta-narratives of acculturation and assimilation. First popularised in Israel Zangwill’s 1905 stage play, The Melting Pot, this term is more commonly associated with Americanisation rather than miscegenation in the United States—a nuanced distinction that British band Blue Mink failed to grasp with their memorable invocation of “coffee-coloured people” in Melting Pot (1969). Re-titled in the US as People Are Together (Mickey Murray, 1970) the song was considered too extreme for mainstream radio airplay (Thompson). Ike and Tina Turner’s Black Coffee (1972) provided a more accomplished articulation of coffee as a signifier of racial identity; first by associating it with the history of slavery and the post-Civil Rights discourse of African-American autonomy, then by celebrating its role as an energising force for African-American workers seeking economic self-determination. Anyone familiar with the re-casting of black popular music in an industry dominated by Caucasian interests and aesthetics (Cashmore; Garofalo) will be unsurprised to find British super-group Humble Pie’s (1973) version of this song more recognisable. Conclusion Coffee-flavoured popular songs celebrate the stimulant effects of caffeine, provide metaphors for courtship rituals, and offer critiques of Neat Capitalism. Harold Love and Guthrie Ramsey have each argued (from different perspectives) that the cultural micro-narratives of small social groups allow us to identify important “ethnographic truths” (Ramsey 22). Aesthetically satisfying and intellectually stimulating coffee songs are found where these micro-narratives intersect with the ethnographic truths of coffee culture. 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This article will look at the use of personal photographs that attempt to convey a sense of social activism as a reaction against global terrorism. Moreover, I argue that the photographs uploaded to the site “We’re Not Afraid”, which began after the London bombings in 2005, presents a forum to promote the pleasures of western cultural values as a defence against the anxiety of terror. What is compelling are the ways in which the Website promotes, seemingly, everyday modalities through what may be deemed as the domestic snapshot. Nevertheless, the aura from the context of these images operates to arouse the collective memory of terrorism and violence. It promotes photography’s spectacular power. To begin it is worthwhile considering the ways in which the spectacle of terrorism is mediated. For example, the bombs activated on the London Underground and at Tavistock Square on the 7th of July 2005 marked the day that London became a victim of ‘global’ terrorism, re-instilling the fear projected by the media to be alarmed and to be suspicious. In the shadow of the terrorist events of September 11, as well as the Madrid Bombings in 2004, the incidents once again drew attention to the point that in the Western world ‘we’ again can be under attack. Furthermore, the news media plays a vital role in mediating the reality and the spectacle of terrorist attacks in the display of visual ‘proof’. After the London bombings of 7 July 2005, the BBC Website encouraged photo submissions of the incidents, under the heading “London Explosions: Your Photos”, thus promoting citizen journalism. Within six hours the BBC site received more that 1000 photographs. According to Richard Sambrook, director of the BBC’s World Service and Global News division, “people were participating in our coverage in way we had never seen before” (13). Other news Websites, such as Reuters and MSNBC also set up a similar call and display of the incidents. The images taken by everyday people and survivors‚ suggest a visceral response to the trauma of terrorism in which they became active participants in the reportage. Leading British newspapers further evoked the sensational terror of the incidents through the captioning of horrific images of destruction. It contextualised them within the realm of fascination and fear with headlines such as “London’s Day of Terror” from the Guardian, “Terror Comes to London” from the Independent and “Al-Qa’eda Brings Terror to the Heart of London” from the Daily Telegraph (“What the Papers Say”). Roland Barthes notes that “even from the perspective of a purely immanent analysis, the structure of the photograph is not an isolated structure; it is in communication with at least one other structure, namely the text – title, caption or article – accompanying every press photograph” (16). He suggested that, with the rise to prominence of ‘the press photograph’ as a mode of visual communication, the traditional relationship between image and text was inverted: “it is not the image which comes to elucidate or ‘realize’ the text, but the latter which comes to sublimate, patheticize or rationalize the image” (25). Frederic Jameson raises a very important point in regards to the role the media plays in terror. He suggests that the Western media is not only affected by a permanent condition of amnesia, but that this has become its primary ‘informational function’ (20). Hence, terror images are constantly repeated for their affect. “When combined with the media, terrorism’s reality-making power is astounding: its capacity to blend the media’s sensational stories, old mythical stereotypes, and a burning sense of moral wrath” (Zulaika and Douglass ix). Susan Sontag, in her 2003 book Regarding the Pain of Others, also discusses the assault of images (116). She argues that “the iconography of suffering has a long pedigree. The sufferings most often deemed worthy of representation are those understood to be the product of wrath, divine or human” (40). Furthermore, globalisation has profoundly changed the rhetoric of terrorism in which the uses of photographs for political means are ubiquitous. Sontag argues that “it seems as if there is a greater quantity of such news than before” (116). Nevertheless, she stresses, “it seems normal to turn away from images that simply make us feel bad” (116). Rather, than the focus on images of despair, the “We’re Not Afraid” Website provides a reaction against visual assaults. The images suggest a turning away from the iconography of terror and suffering to a focus on everyday western middle-class modalities. The images on the site consist of domestic ritual photographic practices, such as family snapshots. The images were disseminated following what has been referred to as the ‘incidents’ by the British press of the attacks on 7 July on the London transport system. Significantly, rather than being described as an event, such as the September 11 terrorist assaults were, the term ‘incidents’ suggests that everyday modalities, the everyday ways of being, may not be affected despite the terror of the attacks. It is, perhaps, a very British approach to the idea of ‘moving on’ despite adversity, which the Website advocates. The Website invites the general public to upload personal photographs captioned with the phrase “We’re not afraid” to “show that terrorists would not change the way people lived their lives” (Clarke).The Website began on 7 July 2005 and during the first week the site received, at times, up to 15 images a minute from across the world (Nikkah). Notably, within days of the Website’s launch it received over 3500 images and 11 million hits (Clarke).The images taken by everyday people and survivors‚ suggest a visceral response to the incidents. These images seem to support Susan Sontag’s argument from On Photography, in which she argues that photography is mainly a social rite, a defence against anxiety, and a tool of power (8). The images present a social activism for the predominantly white middle-class online participants and, as such, is subversive in its move away from the contextualised sensational images of violence that abound in the mainstream press. According to the site’s creator, London Web designer, Alfie Dennen “the idea for this site came from a picture of one of the bombed trains sent from a mobile phone to Dennen’s own weblog. Someone else added the words ‘We’re Not Afraid’ alongside the image” (“‘Not Afraid’ Website Overwhelmed”). Hence, in Dennen’s Weblog the terror and trauma of the train images of the London underground, that were circulated in the main stream press, have been recontextualised by the caption to present defiance and survival. The images uploaded onto the Website range from personal snapshots to manipulated photographs which all bear the declaration: ‘We are not afraid’. Currently, there are 770 galleries with 24 images per gallery amounting to around 18500 images that have been sent to the site. The photographs provide a crack in the projected reality of terrorism and the iconography of suffering as espoused by the mainstream media. The Website claims: We’re not afraid is an outlet for the global community to speak out against the acts of terror that have struck London, Madrid, New York, Baghdad, Basra, Tikrit, Gaza, Tel-Aviv, Afghanistan, Bali, and against the atrocities occurring in cities around the world each and every day. It is a worldwide action for people not willing to be cowed by terrorism and fear mongering. It suggests that: The historical response to these types of attacks has been a show of deadly force; we believe that there is a better way. We refuse to respond to aggression and hatred in kind. Instead, we who are not afraid will continue to live our lives the best way we know how. We will work, we will play, we will laugh, we will live. We will not waste one moment, nor sacrifice one bit of our freedom, because of fear. We are not afraid. (“we’re not afraid.com: Citizens for a secure world, united against terror.”) The images evoke the social memory of our era of global terrorism. Arguably, the events since September 11 have placed the individual in a protection mode. The photographs represent, as Sontag espouses, a tool against the anxiety of our time. This is a turn away from the visual iconography of despair. As such, rather than images of suffering they are images of survival, or life carrying on as usual. Or, more precisely, the images represent depictions of everyday western middle-class existence. The images range from family snaps, touristic photographs, pictures of the London underground and some manipulated images all containing the words ‘We’re Not Afraid’. Dennen “said the site had become a symbol for people to show solidarity with London and say they will not be cowed by the bombings” (“‘Not Afraid’ Website Overwhelmed”). The photographs also serve as a form of protection of western middle-class values and lifestyle that may be threatened by terrorist acts. Of consideration is that “personal photographs not only bind us to our own pasts – they bind us to the pasts of the social groups to which we belong” (Gye 280). The images on the site may be described as a “revocation of social power through visibility” and as such photography is considered a “performance of power” (Frosh 46). Barthes asserts that “formerly, the image illustrated the text (made it clearer); today, the text loads the image, burdening it with a culture, a moral, an imagination” (25). The images loaded onto the Website “We’re Not Afraid’ assumes notions of resilience and defiance which can be closely linked to Anglo-American cultural memory and imagination. Significantly, efforts to influence ‘heart and minds’ through support of touring exhibitions were common in the earlier days of the Cold War. Sontag argues that “photographic collections can be used to substitute a world” (162). The images exalted a universal humanism, similarly to the images on the “We’re Not Afraid” site. Many exhibits were supported throughout the 1950s, often under the auspices of the USIA (United States Information Agency). A famous example is the photography exhibit ‘The Family of Man’ which travelled to 28 countries between 1955-59 and was seen by 9 million people (Kennedy 316). It contained 503 images, 273 photographers from 68 nations “it posited humanity as a universal ideal and human empathy as a compensatory response to the threat of nuclear annihilation” (Kennedy 322). Significantly, Liam Kennedy asserts that, the Cold War rhetoric surrounding the exhibition blurred the boundaries between art, information and propaganda. The exhibition has been critiqued ideologically as an imperialist project, most notably by Allan Sekula in which he states “the worldliness of photography is the outcome, not of any immanent universality of meaning, but of a project of global domination” (96). In more recent times an exhibition, backed by the US State Department titled ‘After September 11: Images from Ground Zero’, by photojournalist/art photographer Joel Meyorowitz travelled to more than 60 countries and assisted in shaping and maintaining a public memory of the attacks of the World Trade Centre and its aftermath (Kennedy 315). Similar, to ‘The Family of Man’, it adds an epic quality to the images. As Kennedy points out that: To be sure this latter exhibit has been more overtly designed as propaganda, yet it also carries the cachet of ‘culture’ (most obviously, via the signature of a renowned photographer) and is intended to transmit a universal message that transcends the politics of difference. (Kennedy 323) The Website “We’re Not Afraid’ maintains the public memory of terrorism, without the horror of suffering. With a ‘universal message’ similar to the aforementioned exhibitions, it attempts to transcends the politics of difference by addressing the ‘we’ as the ‘everyday’ citizen. It serves as a gallery space and similarly evokes western romantic universal ideals conveyed in the exhibition ‘The Family of Man’, whilst its aesthetic forms avoid the stylististically captured scenes of ‘After September 11’. As stated earlier, the site had over 11 million hits in the first few weeks; as such the sheer number of viewers exceeds that of any formal photographic exhibition. Moreover, unlike these highly constructed art exhibitions from leading professional photographers, the Website significantly presents a democratic form of participation in which the ‘personal is political’. It is the citizen journalist. It is the ‘everyday’ person, as evidenced in the predominant snapshot aesthetics and the ordinariness in the images that are employed. Kris Cohen, in his analysis of photoblogging suggests that this aesthetic emphasises the importance in “photoblogging of not thinking too much, of the role that instinct plays in the making of photographs and the photoblog” (890). As discussed, previously, the overwhelming response and contributions to the Website within days of its launch seems to suggest this. The submission of photographs suggests a visceral response to the incidents from the ‘people’ in the celebration of the ‘everyday’ and the mundane. It also should be noted that “there are now well over a million documented blogs and photoblogs in the world”, with most appearing since 2003 (Cohen 886). As Cohen suggests “their newfound popularity has provoked a gentle storm of press, along with a significant number of utopic scenarios in which blogs feature as the next emancipatory mass media product”(886). The world-wide press coverage for the “We’re Not Afraid’ site is one key example that promotes this “utopian vision of transfigured citizens and in Benedict Anderson’s well used term an ‘imagined community” (Goggin xx). Nevertheless, the defiant captioning of the images also returns us historically to the social memory of the London Blitz 1940-41 in which the theme of a transfigured community was employed and in which the London underground and shelters became a signifier for the momentum of “We’re Not Afraid’. Barthes explained in Mythologies about the “the sight of the ‘naturalness’ with which newspapers, art and common sense constantly dress up a reality which, even though it is the one we live in, is undoubtedly determined by history” (11). What I want to argue is that the mythology surrounding the London bombings articulated in the Website “We’re Not Afraid’ is determined by 20th Century history of the media and the cultural imaginary surrounding predominantly British values*.** *The British Prime Minister at the time, Tony Blair, asserted that “qualities of creativity built on tolerance, openness and adaptability, work and self improvement, strong communities and families and fair play, rights and responsibilities and an outward looking approach to the world that all flow from our unique island geography and history.” (“Blair Defines British Values”). These values are suggested in the types of photographs uploaded onto the activist Website, as such notions of the British Empire are evoked. Moreover, in his address following the incident, “Blair harkened back to the ‘Blitz spirit’ that saw Londoners through the dark days of Nazi bombing during World War II — and, by association, to Winston Churchill, the wartime leader whose determined, moving speeches helped steel the national resolve” (“Blair Delivers”). In his Churchillian cadence he paid “tribute to the stoicism and resilience of the people of London who have responded in a way typical of them”. He said Britain would show “by our spirit and dignity” that “our values will long outlast” the terrorists. He further declared that “the purpose of terrorism is just that. It is to terrorize people and we will not be terrorized” (“Blair Delivers”). The mythology of the Blitz and “the interpretive context at the time (and for some years thereafter) can be summarized by the phrase ‘the People’s War’—a populist patriotism that combined criticism of the past with expectations of social change and inclusive messages of shared heritage and values” (Field 31). The image conveyed is of a renewed sense of community. The language of triumph against adversity and the endurance of ordinary citizens are also evoked in the popular press of the London incidents. The Times announced: Revulsion and resolve: Despite the shock, horror and outrage, the calm shown in London was exemplary. Ordinary life may be inconvenienced by the spectre of terror, yet terrorism will not force free societies to abandon their fundamental features. An attack was inevitable. The casualties were dreadful. The terrorists have only strengthened the resolve of Britain and its people. (“What the Papers Say”) Similarly the Daily Express headline was “We Britons Will Never Be Defeated” (“What the Papers Say”). The declaration of “We’re not afraid” alongside images on the Website follows on from this trajectory. The BBC reported that the Website “‘We’re not afraid’ gives Londoners a voice” (“Not Afraid Website Overwhelmed”). The BBC has also made a documentary concerning the mission and the somewhat utopian principles presented. Similarly discussion of the site has been evoked in other Weblogs that overwhelmingly praise it and very rarely question its role. One example is from a discussion of “We’re Not Afraid” on another activist site titled “World Changing: Change Your Thinking”. The contributor states: Well, I live in the UK and I am afraid. I’m also scared that sites like We’re Not Afraid encourage an unhealthy solidarity of superiority, nationalism and xenophobia – perpetuating a “we’re good” and “they’re evil” mentality that avoids the big picture questions of how we got here. Posted by: John Norris at July 8, 2005 03:45 AM Notably, this statement also reiterates the previous argument on cultural diplomacy presented by theorists in regards to the exhibitions of ‘The Family of Man’ and ‘After September 11’ in which the images are viewed as propaganda, promoting western cultural values. This is also supported by the mood of commentary in the British press since the London bombings, in which it is argued that “Britain and the British way of life are under threat, the implication being that the threat is so serious that it may ultimately destroy the nation and its values” (King). The significance of the Website is that it represents a somewhat democratic medium in its call for engagement and self-expression. Furthermore, the emancipatory photography of self and space, presented in the “We’re Not Afraid” site, echoes Blair’s declaration of “we will not be terrorized”. However, it follows similar politically conservative themes that were evoked in the Blitz, such as community, family and social stability, with tacit reference to social fragmentation and multi-ethnicity (Field 41-42). In general, as befitted the theme of “a People’s War,” the Blitz imagery was positive and sympathetic in the way it promoted the endurance of the ordinary citizen. Geoffrey Field suggests “it offered an implicit rejoinder to the earlier furor—focusing especially on brave, caring mothers who made efforts to retain some semblance of family under the most difficult circumstances and fathers who turned up for work no matter how heavy the bombing had been the night before” (24). Images on the Website consist of snapshots of babies, families, pets, sporting groups, people on holiday and at celebrations. It represents a, somewhat, global perspective of middle-class values. The snapshot aesthetic presents, what Liz Kotz refers to as, the “aesthetics of intimacy”. It is a certain kind of photographic work which is quasi-documentary and consists of “colour images of individuals, families, or groupings, presented in an apparently intimate, unposed manner, shot in an off-kilter, snapshot style, often a bit grainy, unfocused, off-colour” (204). These are the types of images that provide the visual gratification of solidarity amongst its contributors and viewers, as it seemingly appears more ‘real’. Yet, Kotz asserts that these type of photographs also involve a structure of power relations “that cannot be easily evaded by the spontaneous performance before the lens” (210). For example, Sarah Boxer importantly points out that “We’re Not Afraid”, set up to show solidarity with London, seems to be turning into a place where the haves of the world can show that they’re not afraid of the have-nots” (1). She argues that “there’s a brutish flaunting of wealth and leisure” (1). The iconography in the images of “We’re not Afraid” certainly promotes a ‘memorialisation’ of the middle-class sphere. The site draws attention to the values of the global neoliberal order in which capital accumulation is paramount. It, nevertheless, also attempts to challenge “the true victory of terrorism”, which Jean Baudrillard circumspectly remarks is in “the regression of the value system, of all the ideology of freedom and free movement etc… that the Western world is so proud of, and that legitimates in its eyes its power over the rest of the world”. Self-confidence is conveyed in the images. Moreover, with the subjects welcoming gaze to the camera there may be a sense of narcissism in publicising what could be considered mundane. However, visibility is power. For example, one of the contributors, Maryland USA resident Darcy Nair, said “she felt a sense of helplessness in the days after 9/11. Posting on the We’re Not Afraid may be a small act, but it does give people like her a sense that they’re doing something” (cited in Weir). Nair states that: It seems that it is the only good answer from someone like me who’s not in the government or military…There are so many other people who are joining in. When bunches of individuals get together – it does make me feel hopeful – there are so many other people who feel the same way. (cited in Weir) Participation in the Website conveys a power which consists of defiantly celebrating western middle-class aesthetics in the form of personal photography. As such, the personal becomes political and the private becomes public. The site offers an opportunity for a shared experience and a sense of community that perhaps is needed in the era of global terrorism. It could be seen as a celebration of survival (Weir). The Website seems inspirational with its defiant message. Moreover, it also has postings from various parts of the world that convey a message of triumph in the ‘everyday’. The site also presents the ubiquitous use of photography in a western cultural tradition in which idealised constructions are manifested in ‘Kodak’ moments and in which the domestic space and leisure times are immortalised and become, significantly, the arena of activism. As previously discussed Sontag argues that photography is mainly a social rite, a defence against anxiety, and a tool of power (8). The Website offers the sense of a global connection. It promotes itself as “citizens for a secure world, united against terror”. It attempts to provide a universal solidarity, which appears uplifting. It is a defence against anxiety in which, in the act of using personal photographs, it becomes part of the collective memory and assists in easing the frustration of not being able to do anything. As Sontag argues “often something looks, or is felt to look ‘better’ in a photograph. Indeed, it is one of the functions of photography to improve the normal appearance of things” (81). Rather than focus on the tragic victim of traditional photojournalism, in which the camera is directed towards the other, the site promotes the sharing and triumph of personal moments. In the spotlight are ‘everyday’ modalities from ‘everyday people’ attempting to confront the rhetoric of terrorism. In their welcoming gaze to the camera the photographic subjects challenge the notion of the sensational image, the spectacle that is on show is that of middle-class modalities and a performance of collective power. 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