The politics behind the competitive neutrality inquiry into ABC and SBS

Denis Muller, University of Melbourne

Last September, One Nation leader Pauline Hanson made a deal with Malcolm Turnbull’s government: You give me an inquiry into the ABC and I’ll support the changes you want to make to media ownership laws.

The government agreed to do this in the form of an inquiry into the ABC’s competitive neutrality – and broadened it to include SBS.

It was clear at the time this had the potential to do real damage to the national broadcaster.

Competitive neutrality principles say an organisation should not enjoy an undue competitive advantage by virtue of it being government-funded. It is suitably arcane camouflage for an inquiry whose real purpose is to put pressure on the ABC over its news service, which Hanson had alleged was biased against her.

It was Hanson’s way of getting revenge on the ABC for its pursuit of her over the issue of funding for her senate re-election campaign in 2016.

And now we know the shape of this competitive neutrality inquiry. We know who is conducting it, and last week we got to see the issues paper that the inquiry put out, which tells us what it is going to cover.

Scope of the inquiry

The chair is Robert Kerr, who has a Productivity Commission background and impeccable credentials as a free-market economist. Joining him in the inquiry are Julie Flynn, a one-time ABC reporter who used to be CEO of the commercial TV lobby group Free TV Australia, and Sandra Levy, the former head of television at ABC.

This all seems perfectly reasonable, until you remember this is mainly about online media. In that case, why have two people with television backgrounds on the panel?

Online is where the real action is now. Data from the Australian Communications and Media Authority included in the issues paper show just how dramatic the shift has been from traditional television viewing to digital online platforms for media consumption. In 2017, Australians aged 18-34 spent an average of 9.2 hours per week watching video content online compared to just 3.8 hours watching free-to-air television.

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Mark Scott foresaw this when he was managing director of the ABC and drove the broadcaster hard into the digital sphere. He realised that if the ABC was not a relevant provider of digital content online, it would soon cease to be relevant.

That’s why the other big media players, especially Rupert Murdoch’s News Corp, have lobbied relentlessly to have the ABC’s wings clipped in this arena. Hanson, wittingly or not, played right into News Corp’s strategy.

As for the issues paper, the giveaway is on page 11.

There, it refers to the requirement in the ABC Act that the ABC “take account of the broadcasting services provided by the commercial and community broadcasting sectors of the Australian Broadcasting system.” In other words, the ABC is discouraged from just replicating what the commercial broadcasters do.

In that context, the paper then addresses this question to the ABC: How does it apply this requirement specifically to its on-air, iView and online news services? Nothing else. Not its drama or documentaries or narrative comedy or children’s programs. Just its news services.

The reason? That’s the part of the ABC that Hanson detests. So there’s the pay-off.

There are some broader competition questions, as well, but the only part of its vast portfolio the ABC is specifically asked about is its news output. Yet, if there is one category of program content that most obviously and unmistakably distinguishes the ABC from commercial broadcasters, it’s news.

Time for responses

Then the issues paper asks “other stakeholders” – basically the ABC and SBS’s commercial broadcasting rivals – a range of questions about ways in which they think they may have been harmed by any undue competitive advantage enjoyed by the public broadcasters.

There is no indication the answers to these questions are going to be subjected to any cross-examination by the ABC or SBS. Not that there would be time for that anyway, with just three months between the deadline for submissions in response to the issues paper on June 22 and the completion of the report in September.

So, the inquiry is a quickie. And by its own admission, it’s trampling over ground already covered 18 years ago by the Productivity Commission.

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It also acknowledges in the issues paper that it has to dance its way between a number of other current inquiries, including the Australian and Children’s Content Review, the Australian Competition and Consumer Commission’s digital platforms inquiry and the broader Treasury review of the country’s overall competitive neutrality policy.

Nonetheless, the inquiry is likely to provide the Turnbull Government with ammunition should it wish to mount an attack on the ABC’s scope of operations (especially online) and give Hanson what she really wants: a rolled-up piece of paper with which to smack the ABC around the head.

Denis Muller, Senior Research Fellow in the Centre for Advancing Journalism, University of Melbourne

This article was originally published on The Conversation. Read the original article.

American arrested in Britain for declaring homosexuality is sin

An American street preacher has been arrested and fined £1000 in Glasgow for telling passersby, in answer to a direct question, that homosexual activity is a sin. Shawn Holes was kept in jail overnight on March 18, and in the morning pled guilty to charges that he had made “homophobic remarks…aggravated by religious prejudice,” reports Hilary White,LifeSiteNews.com.

Holes, a 47 year-old former wedding photographer from Lake Placid, New York, was in Glasgow as part of a preaching tour of Britain with a group of British and American colleagues. He said, “I was talking generally about Christianity and sin.”

“I only talked about these other issues because I was specifically asked. There were homosexuals listening – around six or eight – who were kissing each other and cuddling, and asking ‘What do you think of this?’” A group of homosexuals approached police with a complaint. Holes later said that the situation seemed like a “set-up by gay campaigners.”

“When asked directly about homosexuality, I told them homosexuals risked the wrath of God unless they accepted Christ.”

The charge, under the Criminal Justice (Scotland) Act 2003, has angered freedom of speech advocates in Britain and has even been criticized by homosexualist campaigner Peter Tatchell who called the £1,000 “totally disproportionate.” Local Christians supporting the preaching ministry took up a collection and paid the fine.

Tatchell told the Daily Mail, “The price of freedom of speech is that we sometimes have to put up with opinions that are objectionable and offensive. Just as people should have the right to criticize religion, people of faith should have the right to criticize homosexuality. Only incitements to violence should be illegal.”

Holes relates that at the same time he had been asked for his views on Islam and had said he believed there is only one true Christian God and that the Prophet Mohammed is a “sinner like the rest of us.”

He said that two men who were listening spoke to police officers who approached him and said, “These people say you said homos are going to Hell.”

“I told them I would never say that, because I don’t use the term homo. But I was arrested.”

Peter Kearney, a spokesman for the Catholic Church in Glasgow told the Scotsman, “We supported [hate crime] legislation but it is very difficult to see how this man can be charged for expressing a religious conviction.

“The facts of this case show his statement was clearly his religious belief. Yes, it is strong language he has used, but it is obviously a religious conviction and not a form of discrimination.”

Gordon Macdonald, of Christian Action Research and Education for Scotland, said, “This is a concerning case. I will be writing to Chief Constable Stephen House of Strathclyde Police for clarification of the guidance given to police officers in these situations.”

In related news, a district judge has thrown out the case against another street preacher, Paul Shaw, who was arrested on February 19 in Colchester over comments he made about homosexual activity. Shaw, who did not plead guilty, said, “I’ve preached regularly for about three or four years without incident.

“In four years, I’ve only dealt with homosexuality about twice.” Shaw told the judge that he was obliged to act according to his conscience and that homosexuality was a significant issue in Britain today. The case was dismissed through lack of evidence and written testimony from complainants.

Shaw said, “My reasons were twofold. Firstly, there is a consequence for the country and society if society does not appreciate the difference between right and wrong, particularly noticeable by homosexuality.

“As a nation, we are coming under God’s judgment not very far away in the future and there will be terrible consequences for this if it is not made unlawful again. Secondly, on a personal level, as with all other sins, it needs to be repented of in order to enter the Kingdom of God.”

District Judge David Cooper told Shaw, “There are other sorts of ‘sins’. Do you think you could concentrate on those for a bit?”

Meanwhile, a new study conducted on behalf of religious think-tank Theos has shown that nearly 1/3 of British people think that Christians are being marginalized and religious freedom has been restricted. The report’s author Professor Roger Trigg, wrote, “A free society should never be in the business of muzzling religious voices, let alone in the name of democracy or feigned neutrality.”

“We also betray our heritage and make our present position precarious if we value freedom, but think that the Christian principles which have inspired the commitment of many to democratic ideals are somehow dispensable,” Professor Trigg said.

Report from the Christian Telegraph 

European Court Rules Against Turkey’s Religion ID

Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.” 

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.” 

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population. 

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible. 

Report from Compass Direct News 

EVANGELICALS IN SPAIN SUPPORT SOCIALIST PLAN TO DISSOLVE CATHOLICISM

The executive secretary of the Federation of the Evangelical Entities of Spain, Mariano Blazquez Burgo, has asked the Socialist government to pass a law on the “neutrality” and “laicity” of the State, in order to establish a common equality among all the churches that exist in the country, reports Catholic News Agency.

“We are asking for two laws: one on religious entities and the other on neutrality, laicity, a word which does not frighten me,” Blazquez told reporters during the celebration of the 130th anniversary of the evangelical church of the city of Gijon.

According to the daily “La Nueva España,” evangelicals want the State “to be neutral with regards to all religious beliefs, by advancing laicity, and also with a statute of equality shared by all the churches established in Spain.”

“Not privileges for the churches, but a common statute for all religious entities that is clear and just in rights and obligations,” Blazquez stated, adding that during the Spanish Civil War, evangelicals showed “sympathy for the Republic, saying they were spiritual liberating our nation.”

Since taking power, the government of President Jose Luis Rodriguez Zapatero has made it a priority to remove any religious expression from public life and to impose its own moral formation on students through the Education for Citizens course, which thousands of parents have rejected because of its secular and ideological nature.

Report from the Christian Telegraph