Comments on: Should politicians be allowed to sue for defamation? https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/ On politics, media, business, the environment and life Wed, 21 Aug 2024 09:01:09 +0000 hourly 1 https://wordpress.org/?v=6.4.5 By: martz https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747536 Wed, 21 Aug 2024 09:01:09 +0000 https://www.crikey.com.au/?p=1170935#comment-747536 In reply to Maldinis Heir.

15 year or so ago, I’d have agreed totally.

I think, though, the world has changed. The effects of globalisation, the concentration of wealth, and the easy access to the mass communication, mean that wealth is able to buy propaganda on an unprecedented scale and reach an unprecedented audience with no accountability whatsoever.

It’s not a stretch, for instance, to picture bot-farms funded by fossil-fuel money run campaigns to groom potential terrorists or people traffickers in order to politically damage governments of other countries who are looking to meaningfully transition their nation’s energy profile.

I also think the traditional definition of ‘free speech’ is no longer relevant. Should bot farms or their funders be free to ‘speak’ if that speech is to incite violence and destabilise governments and societies elsewhere?

Should tech $billionaires be free to secretly tweak algorithms to favour political and corporate partners? What does restricting free speech even mean in this case? Is the tech $billionaire guilty of restricting speech by causing unwanted speech to be heard and seen less that speech he wishes to be heard? Or would the authorities who restrained the tech $billionaire’s algorithms be guilty of restricting his speech?

I don’t think it’s a simple as it once was, especially given so much speech is no longer produced and created by human beings, but by the automation, algorithms, and artificial intelligence in response to market demand.

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By: Halley's Comment https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747385 Wed, 21 Aug 2024 02:21:09 +0000 https://www.crikey.com.au/?p=1170935#comment-747385 The point is missed. Whatever the carnage in the Middle East, however much suffering has been inflicted, suing for defo would emphasise that the real victim in all this is Dutton.

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By: Gonggongche https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747374 Wed, 21 Aug 2024 01:17:51 +0000 https://www.crikey.com.au/?p=1170935#comment-747374 In reply to martz.

Agreed martz. One US judge said just that, that Musk’s strategy of lawsuits was about ‘punishing the defendents for their speech’.

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By: Catherine https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747366 Wed, 21 Aug 2024 00:10:31 +0000 https://www.crikey.com.au/?p=1170935#comment-747366 Private individuals, absolutely not. When politicians, our elected (or prospective) representatives decide to take members of the electorate to court because they dislike something said about them, that is tantamount to coercion. No politician should have that power over the people.
On the other hand, they should be able to sue media organisations for printing outright lies about them personally. Journalists know ( or should know) when they’ve crossed the line re libel/ defamation.
Ultimately though, a politician has to have a thick skin. I suggest that without one a short career is a sure bet.

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By: Jack Robertson https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747334 Tue, 20 Aug 2024 20:00:04 +0000 https://www.crikey.com.au/?p=1170935#comment-747334 What is the point of pretending you allow and encourage subscriber comments, only to restrict them to those you find comfortable? And, whenever your whim dictates, shutting them down completely, under the guise of blather about legal risks?

This censorious nonsense has set in as a default editorial mode ever since the Rundle fiasco, and it has trashed Crikey’s brand. Truly, the Higgins-Lehrmann matter continues to wreak great collateral damage.

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By: drastic https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747332 Tue, 20 Aug 2024 14:22:44 +0000 https://www.crikey.com.au/?p=1170935#comment-747332 The only known function of politicians is to be targets of verbal abuse, so if they were able to put a stop to it they’d be out of a job.

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By: Maldinis Heir https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747328 Tue, 20 Aug 2024 12:54:10 +0000 https://www.crikey.com.au/?p=1170935#comment-747328 Here’s 10 reasons why the ‘left’ should resist restrictions on free speech…

  1. Restrictions overwhelmingly favour the rich and powerful e.g. defamation laws, employment contracts and NDAs;
  2. The ‘left’ have more to be angry about so shouldn’t be restricted in expressing that anger e.g. climate protestors;
  3. The police and judges tend to be conservative which is why e.g. climate protestors organising a Zoom call get 5 years in prison;
  4. The ‘right’ are far more comfortable with the hypocrisy around defending their own free speech v restricting others because they have a long history of being part of the establishment that imposes censorship e.g. religions;
  5. When the ‘left’ tries to silence the ‘right’ they create martyrs and unite the ‘right’;
  6. Meanwhile restrictions on free speech on the ‘left’ tend result in self-censorship and division (and pushing people to the ‘right’) – how many people have been pushed to the ‘right’ for expressing unpopular opinions?
  7. The ‘left’ should be more open to left field and ‘dangerous’ ideas if it wants to challenge the status quo;
  8. Restrictions on free speech and concern for social faux pas are particularly problematic for traditional blue collar workers that form the base for the ‘traditional left’;
  9. Denying speech means denying the problems that lead to the speech and denying problems (as opposed to trying to understanding and deal with them) is not something the ‘left’ or ‘progressives’ should be doing if we are to achieve….progress;
  10. On the ‘modern left’ culture wars and attacks on free speech (e.g. the social media giants) are generally used to mask pretty conservative views when it comes to economics which is the main cause of the problems in the world (see 9).
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By: Tony C https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747309 Tue, 20 Aug 2024 11:10:49 +0000 https://www.crikey.com.au/?p=1170935#comment-747309 Politicians by making are slanderous and libellous, that is their stock in trade. If only the law would treat such claims that ever come from such eternal hypocrites with nothing other than utter contempt. Alas, the law too is full of self indulgent greedy bottom feeders who can’t resist a fatter hypocrite to feed upon. Interesting how many of our politicians come from legal backgrounds.

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By: Simon https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747298 Tue, 20 Aug 2024 09:50:03 +0000 https://www.crikey.com.au/?p=1170935#comment-747298 They should be allowed to sue but they should not be allowed to use public funds to do so

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By: Greg J https://www.crikey.com.au/2024/08/20/politicians-australian-sue-defamation-law/#comment-747296 Tue, 20 Aug 2024 09:27:45 +0000 https://www.crikey.com.au/?p=1170935#comment-747296 An Australian politician can sully any citizens reputation under “parliamentary privilege”. If things don’t go their way , off to the courts they go. The last few years is evidence of this.

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