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1

Meagher, Jacob J. "(Re-defining) the trust of the specifically enforceable contract of sale—the vendor purchaser constructive trust." Trusts & Trustees 24, no. 3 (January 24, 2018): 266–97. http://dx.doi.org/10.1093/tandt/ttx197.

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2

MCCANNON, BRYAN C., COLLEEN TOKAR ASAAD, and MARK WILSON. "Contracts and trust: complements or substitutes?" Journal of Institutional Economics 14, no. 5 (November 6, 2017): 811–32. http://dx.doi.org/10.1017/s1744137417000522.

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AbstractSocial preferences and third-party enforcement of formal contracts are two mechanisms that facilitate performance of an agreement. The standard argument is that formal, enforceable contracts substitute when the social preferences of trust and trustworthiness are lacking. We explore the alternative hypothesis that trust and contract enforcement are complements. We measure social preferences from both a Trust Game and a social values survey, using them as explanatory variables in a Contract Game. We find that both increased contract enforcement and high trusting preferences lead to enhanced rates of contract formation and larger investments. There is an important interaction effect, where trusting individuals enter into agreements at a greater rate and make larger investments when enforcement is greater. Thus, contracts and trust complement one another.
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3

Briggs, Aidan. "Arbitration clauses in trusts: a human rights issue?" Trusts & Trustees 25, no. 10 (December 1, 2019): 1022–24. http://dx.doi.org/10.1093/tandt/ttz098.

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Abstract Can settlors require beneficiaries and trustees to submit their trust disputes to arbitration? This article examines three of the key arguments favour of enforcement, and the major difficulties posed by the caselaw emanating from the European Court of Human Rights in Strasbourg. It also puts the English law position in an international context. Much has been written, both in previous editions of this journal and elsewhere, on the vexed question of whether a clause in a trust instrument which requires any dispute between trustees and beneficiaries to be submitted to arbitration is enforceable. Practitioners and academics remain divided on this central issue, and unfortunately we still await a decision of the English courts to put an end to the debate.
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4

Wynne-Griffith, H. R. "Towards a Pensions Act." Journal of the Staple Inn Actuarial Society 28 (March 1985): 185–87. http://dx.doi.org/10.1017/s0020269x00009816.

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Despite a plea for no more legislation, the author admits to having been overtaken by events. To this extent, the paper should be seen as a review of the current position in 1984. Whilst the trust fund might not be an ideal vehicle it did seem to be the best available and probably better than an alternative, totally new instrument. This view is held by the TUC, Gower, the Wilson Committee, and the Occupational Pensions Board (OPB). The principal deficiency at present is that the three relationships: Employee-Employer, Employer-Trustee and Trustee-Employee need to be better defined. Is membership of a scheme enforceable by an employee under contract law—or, indeed, by the employer? If so, are the benefits enforceable by the employee against the employer if the trustees have inadequate resources? Certain more immediate suggestions were (i) a pension fund should be protected against claims by a liquidator, (ii) the trustees on wind-up should be a creditor ranking with unpaid salaries, (iii) separate bank accounts for trustees and employer (this has now come to pass).
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Spendlove, Zoey. "Medical revalidation as professional regulatory reform: Challenging the power of enforceable trust in the United Kingdom." Social Science & Medicine 205 (May 2018): 64–71. http://dx.doi.org/10.1016/j.socscimed.2018.04.004.

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6

Arnado, Janet M., Ronaldo F. Jabal, Mary Rose Jean Andrada Poa, and Teofilo C. Viray. "Trust in Pandemic-Induced Online Learning: Competitive Advantage of Closure and Reputation." International Journal of Sociology of Education 10, no. 2 (June 25, 2021): 193–217. http://dx.doi.org/10.17583/rise.2021.7088.

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As a response to the Philippine government’s prolonged community quarantine measure to tackle the coronavirus outbreak, educational institutions have shifted their mode of teaching and learning towards distance education despite resistance from various sectors. This paper examines the ways an educational provider taps elements of its social capital such as closure and reputation, to establish enforceable trust from clients and their network to enroll in online learning; in addition, it explores the factors that clients consider in deciding to enroll their children in online distance learning. This study is informed by James Coleman’s and Ronald Burt’s conceptions of closure, trust, and reputation. It employs a case study approach, focusing on a Philippine Catholic parochial high school. Results show that closure is demonstrated through the school’s dense social network with parents, students, and the community through the Catholic church. Closure and the school’s intergenerational and social reputation facilitate the creation of trust, which increased senior high school enrolment, contrary to the pattern of private schools closing down due to insufficient enrolment. This study contributes to the literature in online distance education, by focusing on aspects of the social structure that function as resources for people and organizations to achieve their interests.
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7

Russell QC, David. "Trusts and foundations move onshore in the Gulf." Trusts & Trustees 27, no. 4 (May 1, 2021): 311–20. http://dx.doi.org/10.1093/tandt/ttab016.

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Abstract Commencing in the 7th-century CE, the notion developed in Islamic jurisprudence that property, although legally owned by a person, might nonetheless be subjected to enforceable obligations that it be utilised for the benefit of specific purposes (usually religious) or, later, for individuals, be they the recipients of charity or family members. Such property was said to be in detention (“waqf”). Later, similar legal concepts developed in the common law world (in the form of trusts) and the civil law world (in the form of foundations). In the Gulf Co-operation Council (GCC) states (the Kingdom of Saudi Arabia, United Arab Emirates, Oman, Qatar, Bahrain and Kuwait), laws of the jurisdictions recognise these concepts to varying degrees—most completely in the United Arab Emirates, where common law trusts in the financial free zones, trusts in the civil law jurisdiction, foundations, a form of statutory waqf (the endowment) and awqaf (the plural of waqf), and the Court of Appeal of the Dubai International Financial Centre (“DIFC”) has recently reviewed the application of the DIFC’s Trust and Foundations Laws with the benefit of an opinion from Shari’a scholars as to the interaction of the DIFC’s legal structures with Shari’a. The article explores the development and interaction of these legal concepts, the role which they can play in the context of the region’s private wealth, and compares the various statutory regimes.
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8

Catanzariti, Joseph, and Simon Brown. "Major Tribunal Decisions in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 429–46. http://dx.doi.org/10.1177/0022185608089998.

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Despite relatively low levels of industrial disputation in 2007, the AIRC delivered some significant decisions in relation to the `genuine operational reasons' exclusion to the unfair dismissal jurisdiction, and secret ballots for protected industrial action. However, arguably the most significant decisions in 2007 came from the Supreme Court of New South Wales and the Federal Court of Australia. These decisions illustrate that the common law contract of employment provides (increasingly) robust protections to employees from workplace injustices. This article examines recent developments in relation to the implied duties of good faith and of mutual trust and confidence. It also considers the prevalence of workplace policies in modern workplace relations and the circumstances in which workplace polices might give rise to enforceable contractual obligations and common law remedies for breach.
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9

Neustater, Evan. "Litigating for the Homeland: An Indian Treaty Framework to Climate Litigation in the Wake of Juliana." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 303. http://dx.doi.org/10.36640/mjeal.10.1.litigating.

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Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a trust relationship with federal Indian tribes, and that relationship obliges a duty of protection upon the federal government. This Note argues that those obligations may support climate change claims under the theory that the government, by failing to address climate change, has failed its duty of protection under its treaties.
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10

Pearce, Robert. "REVISITING TRUSTEES' DECISIONS: IS PITT V HOLT THE FINAL WORD ON THE RULE IN RE HASTINGS-BASS?" Denning Law Journal 26 (November 24, 2014): 170–201. http://dx.doi.org/10.5750/dlj.v26i0.960.

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Not every decision we make is a good one. The power to make decisions includes the power to make bad choices as well as good ones. Unless there is some other factor, such as the exercise of undue influence, the overbearing of will through duress, or a mistake, good and bad decisions are equally enforceable in law. It might be thought that the same rule applies to decisions made by trustees, even though their decisions generally relate to the interests of the beneficiaries, rather than to their own interests. Of course, if the decision is so bad that it amounts to a breach of trust, and loss is thereby caused to the trust fund, then the breach might expose the trustees to liability to the beneficiaries. It was against this background that what became known as the rule in Re Hastings-Bass achieved prominence. A series of first instance decisions permitted trustees in some instances to backtrack on a decision which had unintended effects or consequences. The rule became subject to criticism, and was reviewed by the Supreme Court in Futter v HMRC on appeal from Pitt v Holt in the Court of Appeal. The decision of the Supreme Court substantially limits the scope of the rule, and identifies three circumstances where the decisions of trustees can be reversed: namely where there has been an operative mistake; excessive execution; or inadequate deliberation. This article explores the three dimensions to the rule in Re Hastings-Bass and identifies a number of difficulties with the decision in Futter v HMRC.
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11

Wright, D. "Trusts Involving Enforceable Promises." Trusts & Trustees 3, no. 5 (April 1, 1997): 7–14. http://dx.doi.org/10.1093/tandt/3.5.7.

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12

Schulz, Karen M. Bradshaw. "Agency Coordination of Private Action." Texas A&M Law Review 6, no. 1 (October 2018): 229–58. http://dx.doi.org/10.37419/lr.v6.i1.9.

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This Article explores the previously overlooked role of relational contracting in forming and maintaining public-private partnerships. Relational contracting generally describes firms using formal but legally non-binding agreements to collaborate on shared objectives. Why do parties invest in forming elaborate contracts that they do not—and cannot—enforce in court? Contract theory suggests that the very act of contracting is relationship-building; it generates commitment, trust, cooperation, a win-win philosophy, and strengthened communication. Writing down goals and intentions allows parties to clarify expectations while maintaining flexibility for unforeseen conditions. This Article demonstrates that agencies also use relational contracting— creating unenforceable written agreements to build relationships with external actors. To shed light on agencies’ use of relational contracting, this Article provides a novel review of the recovery planning process required by the Endangered Species Act. A surprising finding emerges: private groups are providing crucial resources and logistical support to prevent the extinction of endangered species. Tribes, states, nongovernmental organizations, and sportsmen’s groups are providing necessary resources to further agency action. By orchestrating private action through recovery planning documents, the agency can garner the resources necessary to undertake species translocations, which it could not unilaterally facilitate. Although the plans are not judicially enforceable, they nevertheless play a coordinating and commitment-generating role in facilitating private actors to engage in recovery efforts. This example highlights the broader trend of relational contracting building and formalizing relationships between agency and non-agency actors. Environmental impact statements, forest management plans, and recovery plans for endangered species are all examples of such “relational contracts” governing inter-agency and private-public collaborations. Viewed in this light, seemingly prosaic planning documents are, in fact, a crucial component in facilitating many agency collaborations. Descriptively, this account adds institutional detail to literatures on new governance and public-private partnerships. Normatively, it raises questions about whether the benefits of contracting offsets the potential distributional inequities and mechanisms to shroud government actions created by the practice.
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13

Normand, Sylvio. "La propriété spatio-temporelle." Les Cahiers de droit 28, no. 2 (April 12, 2005): 261–340. http://dx.doi.org/10.7202/042812ar.

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Ownership is one of the fundamental notions in the Civil Code and yet far too often writings on the subject have presented a narrow view of it. Obviously, its has a well determined genetic code since its general attributes are usus, fructus, abusus and vis attractiva, while its specific features include exclusivity, perpetuity and absolutism ; still it remains a pliable concept. For on the one hand, though core prerogatives remain with the holder of the right, the attributes and features of ownership may not be so well affirmed, which immediately infers the existence of modalities of the right. Yet on the other, the core may be broken down since the object to such ownership then becomes a source of real rights, thus there is dismemberment. The flexibility of ownership resides in the numerous modifications it can undergo and which all potentially exist in ownership. Before attempting to study various hypotheses leading to the recognition of spatio-temporal ownership, it is indispensible to adopt a wide view of this notion since any other approach cannot produce satisfactory results. Among hypotheses under consideration, introducing a new modality seems the best solution. It does, however, have its drawbacks as the notion of spatio-temporal ownership runs against the grain of qualities inherent in the right of ownership. First of all, the holder of this right only exercices a limited abusus and in this respect he is not alone, for precedents exist with the holders of other means of ownership (substituted property, inalienable property, trust property). Furthermore, there would be an obstruction to the perpetual nature of such ownership. This proposal is, however, to be rejected since the spatio-temporal ownership is perpetual, although discontinuous. Once the initial obstacles are overcome, the introduction of an additional modality of ownership essentially requires the recognition of a fourth dimension in the object of ownership, namely its temporality. An abstract notion if ever there was one, temporality raises the question of the need for conceiving an owned piece of property as being a concrete and materialized thing. Nonetheless, ownership may be dematerialized for in fact, real estate property can be represented as a cube of space and not just a flat plane. The only obstacle to this new modality in ownership would be the impossibility of conceiving innominate changes to the right of ownership. In all the code, case law and authoritative writings presently recognize the capacity of the human mind to conceive additional modifications to rights of ownership. Spatio-temporal ownership depends upon the recognition of the temporal dimension of the object of such right and thereby constitutes a modality of ownership whose peculiarities derive from the individual form of its object. Although recognition of modality in ownership seems to be the only way for arriving at spatio-temporal ownership, we may consider various solutions based upon an arrangement of existing institutions in the law relating to ownership —which would allow the constitution of a spatio-temporal right of ownership. Despite its popularity, usufruct does not seem to us to be a satisfactory answer. Joint ownership is more attractive despite the ever-present expectation of a petition to partition. A covenant between undivided coproprietors would provide, in our opinion however, a delay in such partition and this covenant would be enforceable on both parties and beneficiaries. If doubts persist as to the legality of such a covenant, the revision announced in the proposed Civil Code of Quebec will calm such fears. Besides allowing the postponement of partition for a maximum period of thirty years, this revision will make possible the assignment of a piece of property to a durable end and ipso facto a waiver of partition. One must remain aware of the fact that despite the technique used to avoid partition, the right ownership is plural. It is only by the identification of an additional modality of ownership that there may be true spatio-temporal ownership.
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14

Sherwin, Timothy. "Infamy, infamy, I need an indemnity: the nature and enforcement of the trustee’s right of indemnity." Trusts & Trustees, October 26, 2019. http://dx.doi.org/10.1093/tandt/ttz096.

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Abstract In this article, I consider the nature and enforcement of the trustee’s right of indemnity. I set out the principles underlying the trustee’s right of indemnity; and I assess the recent decisions Meritus Trust Company Limited v Butterfield Trust (Bermuda) Limited (“Meritus v Butterfield”) and Rawlinson & Hunter Trustees SA v Chiddicks (the “Z Trusts” case), dealing with enforcement of the right of indemnity in light of those principles. Finally, I conclude, in line with the Court of Appeal in Z Trusts that the trustee’s right of indemnity is enforceable by way of a lien or charge, in which lien or charge is an equitable proprietary right that has priority over any subsequent transaction, including over a successor trustee’s rights of indemnity.
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15

Eben Nel. "FROM BEING IN THE AUDIENCE TO WAITING IN THE WINGS: CAN THE IUS EXPECTATI DOMINII IMPROVE THE UNENVIABLE POSITION OF THE TRUST BENEFICIARY IN THE OWNERSHIP TRUST?" Obiter 40, no. 1 (June 30, 2019). http://dx.doi.org/10.17159/obiter.v40i1.11311.

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In the development of South African trust law, the courts have often attempted to identify a basis in Roman-Dutch law for the trust figure, with the inter vivos trust being seen as a contract akin to a stipulatio alteri. The ownership of trust assets, and in particular the legal position of the trust beneficiary, has proved to be closely interwoven with the legal nature of the trust figure.It is submitted that the emphasis on the contractual aspect of the living trust has in the past overshadowed its sui generis nature. In this article, both the acceptance requirement placed on beneficiaries of ownership trusts as manifested in Potgieter v Potgieter NO 2012 (1) SA 637 (SCA), and the trust-relationship theory proposed by JP Coetzee, are discussed. The lack of real rights vesting in the discretionary beneficiary is evaluated, from both a contractual and a sui generis perspective, with the writer proposing the application of the Roman-Dutch principle of ius expectati dominii as a mechanism for developing beneficiary rights. It is submitted that the recognition of a right of expectant ownership will not only address the anomalous position of beneficiaries in ownership trusts but also impact the behaviour of trustees, inhibit alter ego trusts and contribute towards the maturation of the trust figure. In a contractual context, the existence of an enforceable right will allow the courts to apply applicable public policy principles to the evaluation of trustee decisions.
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16

Halim, Akmal Hidayah. "THE LEGALITY OF A LIVING TRUST AS AN INSTRUMENT FOR ISLAMIC WEALTH MANAGEMENT: A MALAYSIAN PERSPECTIVE." IIUM Law Journal 19, no. 1 (June 23, 2012). http://dx.doi.org/10.31436/iiumlj.v19i1.2.

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At present, the use of living trust is advocated as one of the best mechanisms to be considered for Islamic wealth management in Malaysia. Whilst the purpose of creating a living trust is to benefit the beneficiary, the settlor retains complete control and enjoyment over the trust property during his lifetime, and the beneficiary will only benefit the trust property after the death of the settlor. This instrument has been legally recognised to be applicable to Muslims in Malaysia and is enforceable against the settlor or his estate, irrespective of whether or not possession of the property was given to the beneficiary during the lifetime of the settlor or whether or not the settlor enjoyed the property during his lifetime. This situation is inconsistent with the rule of Islamic law on gift (hibah) and succession, especially when the beneficiary is a person who has the legal capacity to own property and who may be one of the legal heirs of the deceased-settlor. This article seeks to examine the execution of living trust by Muslims in Malaysia so that the rights of the beneficiaries under such trust are legally ascertained according to the Islamic law.
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17

Kerasidou, Charalampia (Xaroula), Angeliki Kerasidou, Monika Buscher, and Stephen Wilkinson. "Before and beyond trust: reliance in medical AI." Journal of Medical Ethics, August 23, 2021, medethics—2020–107095. http://dx.doi.org/10.1136/medethics-2020-107095.

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Artificial intelligence (AI) is changing healthcare and the practice of medicine as data-driven science and machine-learning technologies, in particular, are contributing to a variety of medical and clinical tasks. Such advancements have also raised many questions, especially about public trust. As a response to these concerns there has been a concentrated effort from public bodies, policy-makers and technology companies leading the way in AI to address what is identified as a "public trust deficit". This paper argues that a focus on trust as the basis upon which a relationship between this new technology and the public is built is, at best, ineffective, at worst, inappropriate or even dangerous, as it diverts attention from what is actually needed to actively warrant trust. Instead of agonising about how to facilitate trust, a type of relationship which can leave those trusting vulnerable and exposed, we argue that efforts should be focused on the difficult and dynamic process of ensuring reliance underwritten by strong legal and regulatory frameworks. From there, trust could emerge but not merely as a means to an end. Instead, as something to work in practice towards; that is, the deserved result of an ongoing ethical relationship where there is the appropriate, enforceable and reliable regulatory infrastructure in place for problems, challenges and power asymmetries to be continuously accounted for and appropriately redressed.
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18

Mistry, Jatin, Diane Hill, Ailsa Bosworth, and Arvind Kaul. "P092 NICE biologics pathways for inflammatory arthritis exhibit regional variability due to modification by CCG’s: results from a national survey of pathways in England." Rheumatology 60, Supplement_1 (April 1, 2021). http://dx.doi.org/10.1093/rheumatology/keab247.090.

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Abstract Background/Aims NICE publishes guidance underpinned by act of Parliament and legally enforceable, on the use of biological therapies in the treatment of rheumatoid arthritis (RA), psoriatic arthritis (PsA) and ankylosing spondylitis (AS) which should allow harmonisation of access independent of region. However, sufficient guidance is not provided on the use of sequential biologics nor is a numerical cap placed on the number of biologics a patient can attempt if they have had an inadequate response. We have previously reported that in a limited sample, Clinical Commissioning Groups (CCGs) interpret NICE guidance variably and restrict access to NICE approved treatments depending on geography, the so-called “postcode lottery”. We determined the variability of biologics pathways in all CCG’s in England to examine whether a potentially unfair postcode lottery exists for sequential biologics use. Methods All 135 England CCGs covering over 55 million people, were sent Freedom of Information requests, for their biologic pathways for RA, PsA and AS. Where CCGs did not have this information, the relevant acute trusts were contacted, with responses recorded under that CCG. For every CCG the local biologics pathways were examined for detail on the number and type of biologics commissioned before an Individual Funding Request was needed. “No Cap” was recorded if CCG’s responded with no restriction on the number of biologics. Results Responses were obtained from 124/135 CCG’s for RA, 122/135 for PsA and AS, all covering an estimated population in excess of 45 million people. For RA, 55% CCG’s had no cap on the number of commissioned RA biologics. 45% had a variable cap from 3 to 6 commissioned biologics. For PsA, the figures were 54% with no cap and 46% with variable capping between 2-5 biologics allowed, for AS the figures were 51% and 49% respectively. In total this represented 41 different local pathways for RA, 29 different pathways for PsA and in AS where fewer biologics choices exist, 25 different pathways depending on CCG and location. Conclusion There is wide regional variation in the interpretation of NICE guidance by CCG’s resulting in many different local pathways depending on geography. Approximately 50% of pathways restricted biologics prescribing by mandating the type and sequence of biologics used, potentially compromising patient care and delaying treatment by requiring an IFR for a NICE approved biologic. Moreover, pathways varied as to which biologics could be used at any point of management by region as well. As exemplars of good practice, approximately 50% of CCG’s had no cap, allowing clinical freedom to prescribe the most appropriate biologic. The results of this national study demonstrate the variability of biologics pathways in many areas of England ensuring a postcode lottery still exists in many regions. Disclosure J. Mistry: None. D. Hill: None. A. Bosworth: None. A. Kaul: None.
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Barry, Derek. "Wilde’s Evenings." M/C Journal 10, no. 6 (April 1, 2008). http://dx.doi.org/10.5204/mcj.2722.

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According to Oscar Wilde, the problem with socialism was that it took up too many evenings. Wilde’s aphorism alludes to a major issue that bedevils all attempts to influence the public sphere: the fact that public activities encroach unduly on citizens’ valuable time. In the 21st century, the dilemma of how to deal with “too many evenings” is one that many citizen journalists face as they give their own time to public pursuits. This paper will look at the development of the public citizen and what it means to be a citizen journalist with reference to some of the writer’s own experiences in the field. The paper will conclude with an examination of future possibilities. While large media companies change their change their focus from traditional news values, citizen journalism can play a stronger role in public life as long as it grasps some of the opportunities that are available. There are substantial compensations available to citizen journalists for the problems presented by Wilde’s evenings. The quote from Wilde is borrowed from Albert Hirschman’s Shifting Involvements, which among other things, is an examination of the disappointments of public action. Hirschman noted how it was a common experience for beginners who engage in public action to find that takes up more time than expected (96). As public activity encroaches not only on time devoted to private consumption but also on to the time devoted to the production of income, it can become a costly pursuit which may cause a sharp reaction against the “practice of citizenship” (Hirschman 97). Yet the more stimuli about politics people receive, the greater the likelihood is they will participate in politics and the greater the depth of their participation (Milbrath & Goel 35). People with a positive attraction to politics are more likely to receive stimuli about politics and participate more (Milbrath & Goel 36). Active citizenship, it seems, has its own feedback loops. An active citizenry is not a new idea. The concepts of citizen and citizenship emerged from the sophisticated polity established in the Greek city states about 2,500 years ago. The status of a citizen signified that the individual had the right to full membership of, and participation in, an independent political society (Batrouney & Goldlust 24). In later eras that society could be defined as a kingdom, an empire, or a nation state. The conditions for a bourgeois public sphere were created in the 13th century as capitalists in European city states created a traffic in commodities and news (Habermas 15). A true public sphere emerged in the 17th century with the rise of the English coffee houses and French salons where people had the freedom to express opinions regardless of their social status (Habermas 36). In 1848, France held the first election under universal direct suffrage (for males) and the contemporary slogan was that “universal suffrage closes the era of revolutions” (Hirschman 113). Out of this heady optimism, the late 19th century ushered in the era of the “informed citizen” as voting changed from a social and public duty to a private right – a civic obligation enforceable only by private conscience (Schudson). These concepts live on in the modern idea that the model voter is considered to be a citizen vested with the ability to understand the consequences of his or her choice (Menand 1). The internet is a new knowledge space which offers an alternative reading of the citizen. In Pierre Lévy’s vision of cyberculture, identity is no longer a function of belonging, it is “distributed and nomadic” (Ross & Nightingale 149). The Internet has diffused widely and is increasingly central to everyday life as a place where people go to get information (Dutton 10). Journalism initially prospered on an information scarcity factor however the technology of the Internet has created an information rich society (Tapsall & Varley 18). But research suggests that online discussions do not promote consensus, are short-lived with little impact and end up turning into “dialogues of the deaf” (Nguyen 148). The easy online publishing environment is a fertile ground for rumours, hoaxes and cheating games to circulate which risk turning the public sphere into a chaotic and anarchic space (Nguyen 148). The stereotypical blogger is pejoratively dismissed as “pajama-clad” (Papandrea 516) connoting a sense of disrespect for the proper transmission of ideas. Nevertheless the Internet offers powerful tools for collaboration that is opening up many everyday institutions to greater social accountability (Dutton 3). Recent research by the 2007 Digital Futures project shows 65 percent of respondents consider the Internet “to be a very important or extremely important source of information” (Cowden 76). By 2006, Roy Morgan was reporting that three million Australians were visiting online news site each month (Cowden.76). Crikey.com.au, Australia’s first online-only news outlet, has become a significant independent player in the Australia mediascape claiming over 5,000 subscribers by 2005 with three times as many non-paying “squatters” reading its daily email (Devine 50). Online Opinion has a similar number of subscribers and was receiving 750,000 page views a month by 2005 (National Forum). Both Crikey.com.au and Online Opinion have made moves towards public journalism in an attempt to provide ordinary people access to the public sphere. As professional journalists lose their connection with the public, bloggers are able to fill the public journalism niche (Simons, Content Makers 208). At their best, blogs can offer a “more broad-based, democratic involvement of citizens in the issues that matter to them” (Bruns 7). The research of University of North Carolina journalism professor Philip Meyer showed that cities and towns with public journalism-oriented newspapers led to a better educated local public (Simons, Content Makers 211). Meyer’s idea of good public journalism has six defining elements: a) the need to define a community’s sense of itself b) devotion of time to issues that demand community attention c) devotion of depth to the issues d) more attention to the middle ground e) a preference for substance over tactics and f) encouraging reciprocal understanding (Meyer 1). The objective of public journalism is to foster a greater sense of connection between the community and the media. It can mean journalists using ordinary people as sources and also ordinary people acting as journalists. Jay Rosen proposed a new model based on journalism as conversation (Simons, Content Makers 209). He believes the technology has now overtaken the public journalism movement (Simons, Content Makers 213). His own experiments at pro-am Internet open at assignment.net have had mixed results. His conclusion was that it wasn’t easy for people working voluntarily on the Internet to report on big stories together nor had they “unlocked” the secret of successful pro-am methods (Rosen). Nevertheless, the people formerly known as the audience, as Rosen called them, have seized the agenda. The barriers to entry into journalism have disappeared. Blogging has made Web publishing easy and the social networks are even more user friendly. The problem today is not getting published but finding an audience. And as the audience fragments, the issue will become finding a niche. One such niche is local political activism. The 2007 Australian federal election saw many online sites actively promoting citizen journalism. Most prominent was Youdecide2007 at Queensland University of Technology, funded by the Australian Research Council (ARC) in partnership with SBS, Online Opinion and the Brisbane Institute. Site co-editor Graham Young said the site’s aim was to use citizen journalists to report on their own electorates to fill the gap left by fewer journalists on the ground, especially in less populated areas (Young). While the site’s stated aim was to provide a forum for a seat-by-seat coverage and provide “a new perspective on national politics” (Youdecide2007), the end result was significantly skewed by the fact that the professional editorial team was based in Brisbane. Youdecide2007 published 96 articles in its news archive of which 59 could be identified as having a state-based focus. Figure 1 shows 62.7% of these state-based stories were about Queensland. Figure 1: Youdecide2007 news stories identifiable by state (note: national stories are omitted from this table): State Total no. of stories %age Qld 37 62.7 NSW 8 13.6 Vic 6 10.2 WA 3 5.1 Tas 2 3.4 ACT 2 3.4 SA 1 1.6 Modern election campaigns are characterised by a complex and increasingly fragmented news environment and the new media are rapidly adding another layer of complexity to the mix (Norris et al. 11-12). The slick management of national campaigns are is counter-productive to useful citizen journalism. According to Matthew Clayfield from the citizen journalism site electionTracker.net, “there are very few open events which ordinary people could cover in a way that could be described as citizen journalism” (qtd. in Hills 2007). Similar to other systems, the Australian campaign communication empowers the political leaders and media owners at the expense of ordinary party members and citizens (Warhurst 135). However the slick modern national “on message” campaign has not totally replaced old-style local activity. Although the national campaign has superimposed upon the local one and displaced it from the focus of attention, local candidates must still communicate their party policies in the electorate (Warhurst 113). Citizen journalists are ideally placed to harness this local communication. A grassroots approach is encapsulated in the words of Dan Gillmor who said “every reporter should realise that, collectively, the readers know more than they do about what they write about” (qtd. in Quinn & Quinn-Allan 66). With this in mind, I set out my own stall in citizen journalism for the 2007 Australian federal election with two personal goals: to interview all my local federal Lower House candidates and to attend as many public election meetings as possible. As a result, I wrote 19 election articles in the two months prior to the election. This consisted of 9 news items, 6 candidate interviews and 4 reports of public meetings. All the local candidates except one agreed to be interviewed. The local Liberal candidate refused to be interviewed despite repeated requests. There was no reason offered, just a continual ignoring of requests. Liberal candidates were also noticeably absent from most candidate forums I attended. This pattern of non-communicative behaviour was observed elsewhere (Bartlett, Wilson). I tried to turn this to my advantage by turning their refusal to talk into a story itself. For those that were prepared to talk, I set the expectation that the entire interview would be on the record and would be edited and published on my blog site. As a result, all candidates asked for a list of questions in advance which I supplied. Because politicians devote considerable energy and financial resources to ensure the information they impart to citizens has an appropriate ‘spin’ on it, (Negrine 10) I reserved the right to ask follow-up questions on any of their answers that required clarification. For the interviews themselves, I followed the advice of Spradley’s principle by starting with a conscious attitude of near-total ignorance, not writing the story in advance, and attempting to be descriptive, incisive, investigative and critical (Alia 100). After I posted the results of the interview, I sent a link to each of the respondents offering them a chance to clarify or correct any inaccuracies in the interview statements. Defamation skirts the boundary between free speech and reputation (Pearson 159) and a good working knowledge of the way defamation law affects journalists (citizen or otherwise) is crucial, particularly in dealing with public figures. This was an important consideration for some of the lesser known candidates as Google searches on their names brought my articles up within the top 20 results for each of the Democrat, Green and Liberal Democratic Party candidates I interviewed. None of the public meetings I attended were covered in the mainstream media. These meetings are the type of news Jan Schaffer of University of Maryland’s J-Lab saw as an ecological niche for citizen journalists to “create opportunities for citizens to get informed and inform others about micro-news that falls under the radar of news organisations who don’t have the resources” (Schaffer in Glaser). As Mark Bahnisch points out, Brisbane had three daily newspapers and a daily state based 7.30 Report twenty years ago which contrasts with the situation now where there’s no effective state parliamentary press gallery and little coverage of local politics at all (“State of Political Blogging”). Brisbane’s situation is not unique and the gaps are there to be exploited by new players. While the high cost of market entry renders the “central square” of the public sphere inaccessible to new players (Curran 128) the ease of Web access has given the citizen journalists the chance to roam its back alleys. However even if they fill the voids left by departing news organisations, there will still be a large hole in the mediascape. No one will be doing the hardhitting investigative journalism. This gritty work requires great resources and often years of time. The final product of investigative journalism is often complicated to read, unentertaining and inconclusive (Bower in Negrine 13). Margaret Simons says that journalism is a skill that involves the ability to find things out. She says the challenge of the future will be to marry the strengths of the newsroom and the dirty work of investigative journalism with the power of the conversation of blogs (“Politics and the Internet”). One possibility is raised by the Danish project Scoop. They offer financial support to individual journalists who have good ideas for investigative journalism. Founded by the Danish Association for Investigative Journalism and funded by the Danish Foreign Ministry, Scoop supports media projects across the world with the only proviso being that a journalist has to have an agreement with an editor to publish the resulting story (ABC Media Report). But even without financial support, citizens have the ability to perform rudimentary investigative journalism. The primary tool of investigative journalism is the interview (McIlwane & Bowman 260). While an interview can be arranged by anyone with access to a telephone or e-mail, it should not be underestimated how difficult a skill interviewing is. According to American journalist John Brady, the science of journalistic interviewing aims to gain two things, trust and information (Brady in White 75). In the interviews I did with politicians during the federal election, I found that getting past the “spin” of the party line to get genuine information was the toughest part of the task. There is also a considerable amount of information in the public domain which is rarely explored by reporters (Negrine 23). Knowing how to make use of this information will become a critical success factor for citizen journalists. Corporate journalists use databases such as Lexis/Nexis and Factiva to gain background information, a facility unavailable to most citizen journalists unless they are either have access through a learning institution or are prepared to pay a premium for the information. While large corporate vendors supply highly specialised information, amateurs can play a greater role in the creation and transmission of local news. According to G. Stuart Adam, journalism contains four basic elements: reporting, judging, a public voice and the here and now (13). Citizen journalism is capable of meeting all four criteria. The likelihood is that the future of communications will belong to the centralised corporations on one hand and the unsupervised amateur on the other (Bird 36). Whether the motive to continue is payment or empowerment, the challenge for citizen journalists is to advance beyond the initial success of tactical actions towards the establishment as a serious political and media alternative (Bruns 19). Nguyen et al.’s uses and gratification research project suggests there is a still a long way to go in Australia. While they found widespread diffusion of online news, the vast majority of users (78%) were still getting their news from newspaper Websites (Nguyen et al. 13). The research corroborates Mark Bahnisch’s view that “most Australians have not heard of blogs and only a tiny minority reads them (quoted in Simons, Content Makers 219). The Australian blogosphere still waits for its defining Swiftboat incident or Rathergate to announce its arrival. But Bahnisch doesn’t necessarily believe this is a good evolutionary strategy anyway. Here it is becoming more a conversation than a platform “with its own niche and its own value” (Bahnisch, “This Is Not America”). As far as my own experiments go, the citizen journalism reports I wrote gave me no financial reward but plenty of other compensations that made the experience richly rewarding. It was important to bring otherwise neglected ideas, stories and personalities into the public domain and the reports helped me make valuable connections with public-minded members of my local community. They were also useful practice to hone interview techniques and political writing skills. Finally the exercise raised my own public profile as several of my entries were picked up or hyperlinked by other citizen journalism sites and blogs. Some day, and probably soon, a model will be worked out which will make citizen journalism a worthwhile economic endeavour. In the meantime, we rely on active citizens of the blogosphere to give their evenings freely for the betterment of the public sphere. References ABC Media Report. “Scoop.” 2008. 17 Feb. 2008 http://www.abc.net.au/rn/mediareport/stories/2008/2151204.htm#transcript>. Adam, G. Notes towards a Definition of Journalism: Understanding an Old Craft as an Art Form. St Petersburg, Fl.: Poynter Institute, 1993. Alia, V. “The Rashomon Principle: The Journalist as Ethnographer.” In V. Alia, B. Brennan, and B. Hoffmaster (eds.), Deadlines and Diversity: Journalism Ethics in a Changing World. Halifax: Fernwood Publishing, 1996. Bahnisch, M. “This Is Not America.” newmatilda.com 2007. 17 Feb. 2008 http://www.newmatilda.com/2007/10/04/not-america>. Bahnisch, M. “The State of Political Blogging.” Larvatus Prodeo 2007. 17 Feb. 2008 http://larvatusprodeo.net/2007/09/30/the-state-of-political-blogging/>. Bartlett, A. “Leaders Debate.” The Bartlett Diaries 2007. 19 Feb. 2008 http://andrewbartlett.com/blog/?p=1767>. Batrouney, T., and J. Goldlust. Unravelling Identity: Immigrants, Identity and Citizenship in Australia. Melbourne: Common Ground, 2005. Bird, R. “News in the Global Village.” The End of the News. Toronto: Irwin Publishing, 2005. Bruns, A. “News Blogs and Citizen Journalism: New Directions for e-Journalism.” In K. Prasad (ed.), E-Journalism: New Directions in Electronic News Media. New Delhi: BR Publishing, 2008. 2 Feb. 2008 http://snurb.info/files/News%20Blogs%20and%20Citizen%20Journalism.pdf>. Cowden, G. “Online News: Patterns, Participation and Personalisation.” Australian Journalism Review 29.1 (July 2007). Curran, J. “Rethinking Media and Democracy.” In J. Curran and M. Gurevitch (eds.), Mass Media and Society. 3rd ed. London: Arnold, 2000. Devine, F. “Curse of the Blog.” Quadrant 49.3 (Mar. 2005). Dutton, W. Through the Network (of Networks) – The Fifth Estate. Oxford Internet Institute, 2007. 6 April 2007 http://people.oii.ox.ac.uk/dutton/wp-content/uploads/2007/10/ 5th-estate-lecture-text.pdf>. Glaser, M. “The New Voices: Hyperlocal Citizen’s Media Sites Want You (to Write!).” Online Journalism Review 2004. 16 Feb. 2008 http://ojr.org/ojr/glaser/1098833871.php>. Habermas, J. The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society. Cambridge: Polity Press, 1989 [1962]. Hills, R. “Citizen Journos Turning Inwards.” The Age 18 Nov. 2007. 17 Feb. 2008 http://www.theage.com.au/news/federal-election-2007-news/citizen-journos- turning-inwards/2007/11/17/1194767024688.html>. Hirschman, A, Shifting Involvements: Private Interest and Public Action. Princeton, NJ: Princeton UP, 1982. Hunter, C. “The Internet and the Public Sphere: Revitalization or Decay?” Virginia Journal of Communication 12 (2000): 93-127. Killenberg, G., and R. Dardenne. “Instruction in News Reporting as Community Focused Journalism.” Journalism & Mass Communication Educator 52.1 (Spring 1997). McIlwane, S., and L. Bowman. “Interviewing Techniques.” In S. Tanner (ed.), Journalism: Investigation and Research. Sydney: Longman, 2002. Menand, L. “The Unpolitical Animal: How Political Science Understands Voters.” The New Yorker 30 Aug. 2004. 17 Feb. 2008 http://www.newyorker.com/archive/2004/08/30/040830crat_atlarge>. Meyer, P. Public Journalism and the Problem of Objectivity. 1995. 16 Feb. 2008 http://www.unc.edu/%7Epmeyer/ire95pj.htm>. Milbrath, L., and M. Goel. Political Participation: How and Why Do People Get Involved in Politics? Chicago: Rand McNally M, 1975. National Forum. “Annual Report 2005.” 6 April 2008 http://www.onlineopinion.com.au/documents/reports/ annual_report_to_agm_2005.pdf>. Negrine, R. The Communication of Politics. London: Sage, 1996. Nguyen, A. “Journalism in the Wake of Participatory Publishing.” Australian Journalism Review 28.1 (July 2006). Nguyen, A., E. Ferrier, M. Western, and S. McKay. “Online News in Australia: Patterns of Use and Gratification.” Australian Studies in Journalism 15 (2005). Norris, P., J. Curtice, D. Sanders, M. Scammell, and H. Setemko. On Message: Communicating the Campaign. London: Sage, 1999. Papandrea, M. “Citizen Journalism and the Reporter’s Privilege.” Minnesota Law Review 91 (2007). Pearson, M. The Journalist’s Guide to Media Law. 2nd ed. Sydney: Allen & Unwin, 2004. Quinn, S., and D. Quinn-Allan. “User-Generated Content and the Changing News Cycle.” Australian Journalism Review 28.1 (July 2006). Rosen, J. “Assignment Zero: Can Crowds Create Fiction, Architecture and Photography?” Wired 2007. 6 April 2008 http://www.wired.com/techbiz/media/news/2007/07/assignment_zero_all>. Ross, K., and V. Nightingale. Media Audiences: New Perspectives. Maidenhead, Berkshire: Open UP, 2003. Schaffer, J. “Citizens Media: Has It Reached a Tipping Point.” Nieman Reports 59.4 (Winter 2005). Schudson, M. Good Citizens and Bad History: Today’s Political Ideals in Historical Perspective. 1999. 17 Feb. 2008 http://www.mtsu.edu/~seig/paper_m_schudson.html>. Simons, M. The Content Makers. Melbourne: Penguin, 2007. Simons, M. “Politics and the Internet.” Keynote speech at the Brisbane Writers’ Festival, 14 Sep. 2007. Tapsall, S., and C. Varley (eds.). Journalism: Theory in Practice. South Melbourne: Oxford UP, 2001. Warhurst, J. “Campaign Communications in Australia.” In F. Fletcher (ed.), Media, Elections and Democracy, Toronto: Dundurn Press, 1991. White, S. Reporting in Australia. 2nd ed. Melbourne: MacMillan, 2005. Wilson, J. “Who’s Afraid of the Big Bad Electorate.” Youdecide2007 2007. 19 Feb. 2008 http://www.youdecide2007.org/content/view/283/101/>. Young, G. “Citizen Journalism.” Presentation at the Australian Blogging Conference, 28 Sep. 2007. Citation reference for this article MLA Style Barry, Derek. "Wilde’s Evenings: The Rewards of Citizen Journalism." M/C Journal 10.6/11.1 (2008). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0804/09-barry.php>. APA Style Barry, D. (Apr. 2008) "Wilde’s Evenings: The Rewards of Citizen Journalism," M/C Journal, 10(6)/11(1). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0804/09-barry.php>.
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Barry, Derek. "Wilde’s Evenings: The Rewards of Citizen Journalism." M/C Journal 11, no. 1 (June 1, 2008). http://dx.doi.org/10.5204/mcj.29.

Full text
Abstract:
According to Oscar Wilde, the problem with socialism was that it took up too many evenings. Wilde’s aphorism alludes to a major issue that bedevils all attempts to influence the public sphere: the fact that public activities encroach unduly on citizens’ valuable time. In the 21st century, the dilemma of how to deal with “too many evenings” is one that many citizen journalists face as they give their own time to public pursuits. This paper will look at the development of the public citizen and what it means to be a citizen journalist with reference to some of the writer’s own experiences in the field. The paper will conclude with an examination of future possibilities. While large media companies change their change their focus from traditional news values, citizen journalism can play a stronger role in public life as long as it grasps some of the opportunities that are available. There are substantial compensations available to citizen journalists for the problems presented by Wilde’s evenings. The quote from Wilde is borrowed from Albert Hirschman’s Shifting Involvements, which among other things, is an examination of the disappointments of public action. Hirschman noted how it was a common experience for beginners who engage in public action to find that takes up more time than expected (96). As public activity encroaches not only on time devoted to private consumption but also on to the time devoted to the production of income, it can become a costly pursuit which may cause a sharp reaction against the “practice of citizenship” (Hirschman 97). Yet the more stimuli about politics people receive, the greater the likelihood is they will participate in politics and the greater the depth of their participation (Milbrath & Goel 35). People with a positive attraction to politics are more likely to receive stimuli about politics and participate more (Milbrath & Goel 36). Active citizenship, it seems, has its own feedback loops. An active citizenry is not a new idea. The concepts of citizen and citizenship emerged from the sophisticated polity established in the Greek city states about 2,500 years ago. The status of a citizen signified that the individual had the right to full membership of, and participation in, an independent political society (Batrouney & Goldlust 24). In later eras that society could be defined as a kingdom, an empire, or a nation state. The conditions for a bourgeois public sphere were created in the 13th century as capitalists in European city states created a traffic in commodities and news (Habermas 15). A true public sphere emerged in the 17th century with the rise of the English coffee houses and French salons where people had the freedom to express opinions regardless of their social status (Habermas 36). In 1848, France held the first election under universal direct suffrage (for males) and the contemporary slogan was that “universal suffrage closes the era of revolutions” (Hirschman 113). Out of this heady optimism, the late 19th century ushered in the era of the “informed citizen” as voting changed from a social and public duty to a private right – a civic obligation enforceable only by private conscience (Schudson). These concepts live on in the modern idea that the model voter is considered to be a citizen vested with the ability to understand the consequences of his or her choice (Menand 1). The internet is a new knowledge space which offers an alternative reading of the citizen. In Pierre Lévy’s vision of cyberculture, identity is no longer a function of belonging, it is “distributed and nomadic” (Ross & Nightingale 149). The Internet has diffused widely and is increasingly central to everyday life as a place where people go to get information (Dutton 10). Journalism initially prospered on an information scarcity factor however the technology of the Internet has created an information rich society (Tapsall & Varley 18). But research suggests that online discussions do not promote consensus, are short-lived with little impact and end up turning into “dialogues of the deaf” (Nguyen 148). The easy online publishing environment is a fertile ground for rumours, hoaxes and cheating games to circulate which risk turning the public sphere into a chaotic and anarchic space (Nguyen 148). The stereotypical blogger is pejoratively dismissed as “pajama-clad” (Papandrea 516) connoting a sense of disrespect for the proper transmission of ideas. Nevertheless the Internet offers powerful tools for collaboration that is opening up many everyday institutions to greater social accountability (Dutton 3). Recent research by the 2007 Digital Futures project shows 65 percent of respondents consider the Internet “to be a very important or extremely important source of information” (Cowden 76). By 2006, Roy Morgan was reporting that three million Australians were visiting online news site each month (Cowden.76). Crikey.com.au, Australia’s first online-only news outlet, has become a significant independent player in the Australia mediascape claiming over 5,000 subscribers by 2005 with three times as many non-paying “squatters” reading its daily email (Devine 50). Online Opinion has a similar number of subscribers and was receiving 750,000 page views a month by 2005 (National Forum). Both Crikey.com.au and Online Opinion have made moves towards public journalism in an attempt to provide ordinary people access to the public sphere. As professional journalists lose their connection with the public, bloggers are able to fill the public journalism niche (Simons, Content Makers 208). At their best, blogs can offer a “more broad-based, democratic involvement of citizens in the issues that matter to them” (Bruns 7). The research of University of North Carolina journalism professor Philip Meyer showed that cities and towns with public journalism-oriented newspapers led to a better educated local public (Simons, Content Makers 211). Meyer’s idea of good public journalism has six defining elements: a) the need to define a community’s sense of itself b) devotion of time to issues that demand community attention c) devotion of depth to the issues d) more attention to the middle ground e) a preference for substance over tactics and f) encouraging reciprocal understanding (Meyer 1). The objective of public journalism is to foster a greater sense of connection between the community and the media. It can mean journalists using ordinary people as sources and also ordinary people acting as journalists. Jay Rosen proposed a new model based on journalism as conversation (Simons, Content Makers 209). He believes the technology has now overtaken the public journalism movement (Simons, Content Makers 213). His own experiments at pro-am Internet open at assignment.net have had mixed results. His conclusion was that it wasn’t easy for people working voluntarily on the Internet to report on big stories together nor had they “unlocked” the secret of successful pro-am methods (Rosen). Nevertheless, the people formerly known as the audience, as Rosen called them, have seized the agenda. The barriers to entry into journalism have disappeared. Blogging has made Web publishing easy and the social networks are even more user friendly. The problem today is not getting published but finding an audience. And as the audience fragments, the issue will become finding a niche. One such niche is local political activism. The 2007 Australian federal election saw many online sites actively promoting citizen journalism. Most prominent was Youdecide2007 at Queensland University of Technology, funded by the Australian Research Council (ARC) in partnership with SBS, Online Opinion and the Brisbane Institute. Site co-editor Graham Young said the site’s aim was to use citizen journalists to report on their own electorates to fill the gap left by fewer journalists on the ground, especially in less populated areas (Young). While the site’s stated aim was to provide a forum for a seat-by-seat coverage and provide “a new perspective on national politics” (Youdecide2007), the end result was significantly skewed by the fact that the professional editorial team was based in Brisbane. Youdecide2007 published 96 articles in its news archive of which 59 could be identified as having a state-based focus. Figure 1 shows 62.7% of these state-based stories were about Queensland. Figure 1: Youdecide2007 news stories identifiable by state (note: national stories are omitted from this table): State Total no. of stories %age Qld 37 62.7 NSW 8 13.6 Vic 6 10.2 WA 3 5.1 Tas 2 3.4 ACT 2 3.4 SA 1 1.6 Modern election campaigns are characterised by a complex and increasingly fragmented news environment and the new media are rapidly adding another layer of complexity to the mix (Norris et al. 11-12). The slick management of national campaigns are is counter-productive to useful citizen journalism. According to Matthew Clayfield from the citizen journalism site electionTracker.net, “there are very few open events which ordinary people could cover in a way that could be described as citizen journalism” (qtd. in Hills 2007). Similar to other systems, the Australian campaign communication empowers the political leaders and media owners at the expense of ordinary party members and citizens (Warhurst 135). However the slick modern national “on message” campaign has not totally replaced old-style local activity. Although the national campaign has superimposed upon the local one and displaced it from the focus of attention, local candidates must still communicate their party policies in the electorate (Warhurst 113). Citizen journalists are ideally placed to harness this local communication. A grassroots approach is encapsulated in the words of Dan Gillmor who said “every reporter should realise that, collectively, the readers know more than they do about what they write about” (qtd. in Quinn & Quinn-Allan 66). With this in mind, I set out my own stall in citizen journalism for the 2007 Australian federal election with two personal goals: to interview all my local federal Lower House candidates and to attend as many public election meetings as possible. As a result, I wrote 19 election articles in the two months prior to the election. This consisted of 9 news items, 6 candidate interviews and 4 reports of public meetings. All the local candidates except one agreed to be interviewed. The local Liberal candidate refused to be interviewed despite repeated requests. There was no reason offered, just a continual ignoring of requests. Liberal candidates were also noticeably absent from most candidate forums I attended. This pattern of non-communicative behaviour was observed elsewhere (Bartlett, Wilson). I tried to turn this to my advantage by turning their refusal to talk into a story itself. For those that were prepared to talk, I set the expectation that the entire interview would be on the record and would be edited and published on my blog site. As a result, all candidates asked for a list of questions in advance which I supplied. Because politicians devote considerable energy and financial resources to ensure the information they impart to citizens has an appropriate ‘spin’ on it, (Negrine 10) I reserved the right to ask follow-up questions on any of their answers that required clarification. For the interviews themselves, I followed the advice of Spradley’s principle by starting with a conscious attitude of near-total ignorance, not writing the story in advance, and attempting to be descriptive, incisive, investigative and critical (Alia 100). After I posted the results of the interview, I sent a link to each of the respondents offering them a chance to clarify or correct any inaccuracies in the interview statements. Defamation skirts the boundary between free speech and reputation (Pearson 159) and a good working knowledge of the way defamation law affects journalists (citizen or otherwise) is crucial, particularly in dealing with public figures. This was an important consideration for some of the lesser known candidates as Google searches on their names brought my articles up within the top 20 results for each of the Democrat, Green and Liberal Democratic Party candidates I interviewed. None of the public meetings I attended were covered in the mainstream media. These meetings are the type of news Jan Schaffer of University of Maryland’s J-Lab saw as an ecological niche for citizen journalists to “create opportunities for citizens to get informed and inform others about micro-news that falls under the radar of news organisations who don’t have the resources” (Schaffer in Glaser). As Mark Bahnisch points out, Brisbane had three daily newspapers and a daily state based 7.30 Report twenty years ago which contrasts with the situation now where there’s no effective state parliamentary press gallery and little coverage of local politics at all (“State of Political Blogging”). Brisbane’s situation is not unique and the gaps are there to be exploited by new players. While the high cost of market entry renders the “central square” of the public sphere inaccessible to new players (Curran 128) the ease of Web access has given the citizen journalists the chance to roam its back alleys. However even if they fill the voids left by departing news organisations, there will still be a large hole in the mediascape. No one will be doing the hardhitting investigative journalism. This gritty work requires great resources and often years of time. The final product of investigative journalism is often complicated to read, unentertaining and inconclusive (Bower in Negrine 13). Margaret Simons says that journalism is a skill that involves the ability to find things out. She says the challenge of the future will be to marry the strengths of the newsroom and the dirty work of investigative journalism with the power of the conversation of blogs (“Politics and the Internet”). One possibility is raised by the Danish project Scoop. They offer financial support to individual journalists who have good ideas for investigative journalism. Founded by the Danish Association for Investigative Journalism and funded by the Danish Foreign Ministry, Scoop supports media projects across the world with the only proviso being that a journalist has to have an agreement with an editor to publish the resulting story (ABC Media Report). But even without financial support, citizens have the ability to perform rudimentary investigative journalism. The primary tool of investigative journalism is the interview (McIlwane & Bowman 260). While an interview can be arranged by anyone with access to a telephone or e-mail, it should not be underestimated how difficult a skill interviewing is. According to American journalist John Brady, the science of journalistic interviewing aims to gain two things, trust and information (Brady in White 75). In the interviews I did with politicians during the federal election, I found that getting past the “spin” of the party line to get genuine information was the toughest part of the task. There is also a considerable amount of information in the public domain which is rarely explored by reporters (Negrine 23). Knowing how to make use of this information will become a critical success factor for citizen journalists. Corporate journalists use databases such as Lexis/Nexis and Factiva to gain background information, a facility unavailable to most citizen journalists unless they are either have access through a learning institution or are prepared to pay a premium for the information. While large corporate vendors supply highly specialised information, amateurs can play a greater role in the creation and transmission of local news. According to G. Stuart Adam, journalism contains four basic elements: reporting, judging, a public voice and the here and now (13). Citizen journalism is capable of meeting all four criteria. The likelihood is that the future of communications will belong to the centralised corporations on one hand and the unsupervised amateur on the other (Bird 36). Whether the motive to continue is payment or empowerment, the challenge for citizen journalists is to advance beyond the initial success of tactical actions towards the establishment as a serious political and media alternative (Bruns 19). Nguyen et al.’s uses and gratification research project suggests there is a still a long way to go in Australia. While they found widespread diffusion of online news, the vast majority of users (78%) were still getting their news from newspaper Websites (Nguyen et al. 13). The research corroborates Mark Bahnisch’s view that “most Australians have not heard of blogs and only a tiny minority reads them (quoted in Simons, Content Makers 219). The Australian blogosphere still waits for its defining Swiftboat incident or Rathergate to announce its arrival. But Bahnisch doesn’t necessarily believe this is a good evolutionary strategy anyway. Here it is becoming more a conversation than a platform “with its own niche and its own value” (Bahnisch, “This Is Not America”). As far as my own experiments go, the citizen journalism reports I wrote gave me no financial reward but plenty of other compensations that made the experience richly rewarding. It was important to bring otherwise neglected ideas, stories and personalities into the public domain and the reports helped me make valuable connections with public-minded members of my local community. They were also useful practice to hone interview techniques and political writing skills. Finally the exercise raised my own public profile as several of my entries were picked up or hyperlinked by other citizen journalism sites and blogs. Some day, and probably soon, a model will be worked out which will make citizen journalism a worthwhile economic endeavour. In the meantime, we rely on active citizens of the blogosphere to give their evenings freely for the betterment of the public sphere. References ABC Media Report. “Scoop.” 2008. 17 Feb. 2008 < http://www.abc.net.au/rn/mediareport/stories/2008/2151204.htm#transcript >. Adam, G. Notes towards a Definition of Journalism: Understanding an Old Craft as an Art Form. St Petersburg, Fl.: Poynter Institute, 1993. Alia, V. “The Rashomon Principle: The Journalist as Ethnographer.” In V. Alia, B. Brennan, and B. Hoffmaster (eds.), Deadlines and Diversity: Journalism Ethics in a Changing World. Halifax: Fernwood Publishing, 1996. Bahnisch, M. “This Is Not America.” newmatilda.com 2007. 17 Feb. 2008 < http://www.newmatilda.com/2007/10/04/not-america >. 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Melbourne: MacMillan, 2005. Wilson, J. “Who’s Afraid of the Big Bad Electorate.” Youdecide2007 2007. 19 Feb. 2008 < http://www.youdecide2007.org/content/view/283/101/ >. Young, G. “Citizen Journalism.” Presentation at the Australian Blogging Conference, 28 Sep. 2007.
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