Barnaby Joyce declares the COVID parliament curbs democratic rights


Michelle Grattan, University of Canberra

Former Nationals leader Barnaby Joyce has condemned the slimmed down, part-virtual COVID parliament as living “in a half life” and compromising democratic rights.

“No disease in 2020 should interfere in your parliamentary democratic rights. Parliament in a half life is not a parliament, it is merely a rather large building, kind of a new age palace in Canberra.”

Under rules agreed for the current sitting fortnight MPs can participate in parliament remotely and ask questions and speak but cannot vote.

The prohibition on remote voting reflects not just technological challenges but a desire to preserve the integrity of votes, represented by the tradition of the chamber doors being locked when votes are counted.

There are some differences in rules between the House of Representatives and the Senate – senators can move amendments remotely.

The House numbers in the chamber at any one time are limited not just to comply with social distancing but to avoid ACT health rules that would apply if the number was above 100. The parties have rosters. Numbers are managed to reflect the balances between the parties.

Writing on Facebook, Joyce said he was in Canberra but every second day he did not have a seat in the parliament to do his job.

“This is all very epidemiologically responsible but also a dangerous intrusion into your democratic rights.”

Legislation passed on a majority vote, but if he was “rostered off” on the day of a vote, how did the people in his New England seat have their wishes represented?

“On that day New England is disenfranchised and there is merely the presumption that their wishes are the same as the executive.

“It is difficult to be responsible for something I had no vote on and I don’t want to explain how I didn’t actually support something but … that was my RDO”.

Joyce said to bring on a private member’s bill required more than half of the actual 151 members of the House, posing a big problem when many members were not there.

“Nothing will be brought on against the wishes of the executive and don’t the ministers in the executive love that.”

He gave the example that the Senate might soon vote to restore the Northern Territory’s two lower house seats (one of which has been abolished due to population loss) but in present circumstances there would be no way to bring the bill on in the House unless the executive agreed.

“Our parliament can’t work on the presumption of the benevolence of the boss being all good. Whether right or wrong it is just too North Korea.”

“I am sure the PM and cabinet are doing the right thing, I don’t see them
as bad people, but if they went off the reservation then there is little or rather vastly less than there should be, to check them.

“This must stop because when the malady is hard to diagnose it is easy to cure, however when it is easy to diagnose – well it is then too late.”

Questioning why MPs could not vote remotely, Joyce said “a person can transfer millions of dollars back and forth in bank accounts but apparently it is too dangerous for a member of parliament to press ‘y’ for yes or ‘n’ for no, check that they have registered on the correct side for how they intend to vote and then press ‘enter’.

“Apparently it is too difficult to declare the empty public gallery, to allow social distancing, as being part of the chamber, so if you are in Canberra, you can vote responsibly.”The Conversation

Michelle Grattan, Professorial Fellow, University of Canberra

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Giving your details to restaurants and cafes: your rights, their obligations and privacy concerns



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Mahmoud Elkhodr, CQUniversity Australia

While lockdown restrictions have eased in many places, the coronavirus threat isn’t over yet. The number of cases globally has surpassed 9 million, and infections have slowly crept back for Victoria.




Read more:
In many countries the coronavirus pandemic is accelerating, not slowing


Restaurants, pubs and cafes have been among the first places to which people have flocked for some respite from social isolation. In many cases, diners must provide their personal details to these venues for potential contact tracing later on.

Unfortunately, there’s a lack of clarity regarding what the best options are for businesses, and many aren’t following official guidelines.

Keeping records

In the rush to reopen while also abiding by government requirements, many businesses are resorting to collecting customer information using pen and paper.

This entails sharing the stationery, which goes against the basic principles of social distancing. Your written details can also be seen by other diners and staff, triggering privacy concerns.

You wouldn’t normally leave your name, phone number, email, address or any combination of these on a piece of paper in public – so why now?

Businesses collecting personal information from customers must abide by the Australian Privacy Principles under the Privacy Act 1988. This requires they “take reasonable steps to protect the personal information collected or held”.

The federal government has also released an updated guide to collecting personal information for contact tracing purposes. Establishments must use this guide in conjunction with individual directions or orders from certain states and territories. See some below.

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QLD Must keep contact information about all guests and staff including name, address, mobile phone number and the date/time period of patronage for a period of 56 days.

More details here.

ACT Businesses should ask for the first name and contact phone number of each attendee.

More details here.

SA Only real estate agents, wedding and funeral businesses should collect personal information from customers. But not restaurants.

More details here:

NSW Keep the name and mobile number or email address for all staff and dine-in customers for at least 28 days.

More details here.

The guide also outlines how businesses should handle customers’ contact information. The relevant parts are:

  1. you should only collect the personal information required under the direction or order

  2. you should notify individuals before you collect personal information

  3. you should securely store this information once you have collected it.

One point specifically notes:

Do not place the names and phone numbers or other details in a book or on a notepad or computer screen where customers may see it.

Thus, many establishments are clearly not sticking to official guidance. So could you refuse to give your details in such cases?

Venues are required by law to collect the necessary details as per their state or territory’s order. Venues can deny entry to people who refuse.

What would a comprehensive solution look like?

For contact tracing to work effectively, it should be implemented systematically, not in a piecemeal way. This means there should be a system that securely collects, compiles, and analyses people’s data in real time, without impinging on their privacy.

It’s perhaps too much to ask hospitality businesses to take the lead on this. Ideally, government agencies should have done it already.

The COVIDSafe app could have provided this service, but with it being optional — and contact tracing by businesses being mandatory — it’s not a viable option. That’s not to mention the issues with the running of the app, including Bluetooth requirements, battery life drainage, and history of problems with iPhones.




Read more:
How safe is COVIDSafe? What you should know about the app’s issues, and Bluetooth-related risks


Nonetheless, there are some free technologies that can offer better alternatives to the manual collection of customers’ details. These include:

All these tools have a similar set up process, and provide similar services. Let’s take a look at one of the most popular ones, Google Forms.

Using Google Forms

Google Forms is a tool that comes free with a Google account. The “contact information template” is a good starting point for businesses wanting to make a secure log of visitor details.

In Google Forms, you can create a workable contact tracing form within minutes.

Once you create a form to collect customers’ information, you just have to share a URL, and customers can fill the form on their own device.

You can generate a shareable URL for your Google form.

Data gathered via Google Forms is stored securely on the Google Drive account and can only be accessed through the same login that was used to create the form. The transmission of data from the customer’s device to Google Drive (where the data is then stored) is also secure.

Or use a QR code

If you want to make the whole process even easier, and not use a clunky URL, then using a QR code (linked to the URL of your Google form) is a great option. For this, you can use any free external QR code generator. These will generate a QR code which, when scanned by a smartphone, will direct the user to your URL.

This code can also be printed and hung on a wall, or stuck to tables where it’s easy to access without any human-to-human contact. A comprehensive guide to creating and accessing Google Forms can be found here.

QR code created using the website https://www.qr-code-generator.com/

That said, although the process of setting up and using such tools is very simple, there may still be people who are too mistrusting of the way their data is used, and may refuse to hand it over.The Conversation

Mahmoud Elkhodr, Lecturer in Information and Communication Technologies, CQUniversity Australia

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Aged care visitor guidelines balance residents’ rights and coronavirus risk – but may be hard to implement



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Yun-Hee Jeon, University of Sydney

One in four Australians who have died from COVID-19 is from an aged care facility.

These deaths show how fatal and fast the spread of the infection can be, and the extreme challenge of containing the virus once a positive case appears in aged care homes.

But there is also community pressure to ease social distancing rules for aged care residents and, for facilities that banned visits, to start allowing family members and friends to see their loved ones again.




Read more:
Banning visitors to aged care during coronavirus raises several ethical questions – with no simple answers


To address these concerns, on Friday the aged care sector and consumer advocacy organisations released a draft visitor access code. The code aims to meet the needs of residents to see their families and friends while minimising any risk of spreading COVID-19.

But putting the code into practice will require more staff time to implement them. And while additional funding is on its way, existing workforce shortages may mean a delay to boosting the front-line workforce.

Rights and responsibilities of residents and visitors

According to the code, visitors should be provided with regular updates and information about what’s happening in the facility.

They should also have the option to talk to their loved one via video conference or telephone calls to supplement in-person visits.

But they can’t visit while they have cold or flu symptoms. They must also have had their flu vaccination, wash their hands, remain in the resident’s room or designated area, and to call ahead before visiting. They may also have their temperature taken on arrival.

The code says residents should have access to video conferencing or phone calls.
Georg Arthur Pflueger /Unsplash

Each facility will create its own guidelines about where residents can have guests visit – whether it’s in a dedicated room, the resident’s room, a visiting window or something else.

Most visits should be brief. But residents in their final weeks of life and those with an established pattern of care from a family member or friend, for example to help them eat, should be allowed longer and/or more frequent visits.

The code states residents can continue to use public spaces in the facility, including outdoor spaces. But if there is an outbreak, they will need to be confined to their rooms.

Rights and responsibilities of providers

Facilities have the right to refuse entry to someone for a justifiable reason, and to move to lockdown if there is an outbreak.

They have a responsibility to ensure all staff have their flu shots, to facilitate video conferencing or phone calls with family and friends, and enable in-person visits.

These changes require more staff

All of these changes require additional staff to facilitate better communication, video conferencing and increased visits during the pandemic.

Use of new technologies requires a significant amount of staff time. Many residents would need help holding the phone or dialling the number, or using Zoom or Facetime and maintaining a video conversation online. For some residents, such technologies may be a whole new world of experience.




Read more:
Our ailing aged care system shows you can’t skimp on nursing care


Taking bookings for visit times and screening visitors for temperature, flu vaccination status and hand sanitising takes considerable staff time. As does escorting visitors to the room and back out of the facility while ensuring they’re keeping physical distance throughout.

Staff increases will take time to implement

Residential aged care has long experienced workforce problems, including high staff turnover, failure to attract staff with sufficient qualification and training, and leadership issues, to name a few.

A timely and effective response to the COVID-19 outbreak is likely to be hampered by the sector’s existing challenges.

Implementing the guidelines will take up more staff time.
Shutterstock

The Australian government, as the primary funder and regulator of the aged care system, has promised to inject more than A$850 million into the aged care sector in response to the COVID-19 pandemic to:

  • address workforce issues, through staff up-skilling, boosting numbers and helping to retain staff
  • support new services such as telehealth and the use of technologies to help residents and their families and friends communicate
  • continue to improve quality and safety.

However, it’s likely to take some time to see the real effect of this funding on the ground and across the whole sector.




Read more:
Why are older people more at risk of coronavirus?


The draft code is a positive step in addressing some confusion around social distancing measures in aged care homes. Many providers have already been implementing the principles in the code, and beyond. But some haven’t.

Hopefully the code will be more broadly and consistently practised by all aged care providers.

Public consultations about the code are underway and close 3pm Thursday May 7. If you are a family member or friend of someone living in aged care, or you’re an aged care provider or staff member, you can raise concerns or views about the code here. The code is due to be finalised on May 11.The Conversation

Yun-Hee Jeon, Susan and Isaac Wakil Professor of Healthy Ageing, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Ideas of home and ownership in Australia might explain the neglect of renters’ rights



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People should be able to feel at home regardless of whether they own the place they live in.
Halfpoint/Shutterstock

Bronwyn Bate, Western Sydney University

In Australia, when we think of home, we think of ownership. This normalisation of home ownership is reflected in the “Great Australian Dream”, the belief that it’s the best way to achieve financial security. This “dream” is based on the premise that if you work hard you will one day be able to buy a home. Home ownership is an important goal for many Australians. Home ownership implies success.

Linked to the importance of home ownership are our conceptions of home – what home means and the ways home can and should be made. Popular understandings of home suggest that feelings of home are most easily created between a house and the person who owns it.




Read more:
‘Just like home’. New survey finds most renters enjoy renting, although for many it’s expensive


What is home?

So ingrained is this relationship between home and ownership that in my recently published paper I argue that research rarely considers the ways non-owners make and think about home. This is problematic, given recent housing trends.

Recent changes in housing, particularly the increased cost of home ownership and curbing of public housing, have created a greater demand for rental housing. As a result, there is an undersupply of privately rented housing in Australia.

Australian tenancy laws add to the insecurity of the private rental sector. Tenancy laws and policy reflect cultural norms in Australia, where private renting is seen as a form of short-term, transitional housing.

Recently, significant media and public attention has been directed at the impact of state-based tenancy legislation. It is argued that tenancy laws need to be changed to reflect current housing trends and the needs of many tenants to have long-term, secure housing.




Read more:
When falling home ownership and ageing baby boomers collide


Rental insecurity is a persistent source of stress for many tenants. It’s a key reason that many tenants struggle to feel at home in their rental property. A person’s ability to identify feelings of home with their dwelling has been shown to impact psychological health and overall well-being.

My research findings suggest that while tenancy law affects the ways we understand and make home, likewise, our meanings of home affect how we shape and understand tenure and policy. Australian tenancy law reflects broader cultural values that associate the meaning and making of home with home ownership.

While researchers and policymakers focus on how tenancy law can negatively affect or restrict renters within their homes, the actual practices of home-making by renters are often overlooked. Current understandings of home typically reference what home means to home owners. My research points to the importance of understanding the ways private renters make home – and make home meaningful – so that any changes to tenancy law reflect the needs of tenants.




Read more:
Life as an older renter, and what it tells us about the urgent need for tenancy reform


Is having a home a right or a privilege?

While there is no doubt that small changes are being made, perhaps the lack of consideration for tenants in tenancy laws and policy is indicative of our larger beliefs about what it is to “feel” at home and make a home. The “Great Australian Dream” is based on the belief that hard work will eventually lead to home ownership. Yet owning a home is becoming impossible for many people, irrespective of how hard they work.

If we understand home to be a basic right, then we will have policies that reflect this. If we understand home to be a privilege, reserved only for those who manage to achieve home ownership, then we will forever live in a country where tenure security and a feeling of being “home” are reserved for those who are able to buy a house. Consequently, our policies will continue to support the idea that, ultimately, a rental property cannot be “home” to a tenant.

The question then remains: do we consider home a right or a privilege? This issue is at the very heart of Australia’s housing crisis. Until we change our meaning of home by separating it from ownership, we will never be able to “fix” Australia’s housing crisis.




Read more:
What do single, older women want? Their ‘own little space’ (and garden) to call home, for a start


The Conversation


Bronwyn Bate, PhD Candidate, Urban Research Program, Western Sydney University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

How will Indigenous people be compensated for lost native title rights? The High Court will soon decide


William Isdale, The University of Queensland and Jonathan Fulcher, The University of Queensland

Today, the High Court of Australia will begin hearing the most significant case concerning Indigenous land rights since the Mabo and Wik native title cases in the 1990s.

For the first time, the High Court will consider how to approach the question of compensation for the loss of traditional land rights. The decision will have huge implications for Indigenous peoples who have lost their land rights and for the state and territory governments responsible for that loss.

For Queensland and Western Australia in particular, the outcome will likely provide clarity on the significant amounts of compensation they may be liable for in the future.

Western Australia, for example, has areas of determined native title that are collectively larger than the entire state of South Australia. Within those boundaries, there are a number of potential native title claims that could be compensable in the future.

In 2011, the state’s attorney-general, Christian Porter, reportedly described potential compensation claims as a “one billion dollar plus issue”.

Background on native title

The Mabo decision first recognised, and the Wik decision later clarified, how Australia’s common law acknowledges and protects the traditional land rights of Indigenous peoples. Following some uncertainty and political clamour caused by both of those decisions, the Native Title Act 1993 provided a legislative structure for the future recognition, protection and compensation of native title.




Read more:
Australian politics explainer: the Mabo decision and native title


The act provides a right of compensation for the “impairment and extinguishment” of native title rights in a range of circumstances. However, it provides little guidance on what compensation means in practice. Parliament decided to leave the details to the courts.

Surprisingly, it was not until the end of 2016 that the first-ever compensation claim wound its way to the point of judicial determination – in the Timber Creek decision.

The Timber Creek decisions

The case coming before the High Court today is an appeal following two earlier decisions by the Federal Court.

In Griffiths v Northern Territory (the first Timber Creek decision), Federal Court Justice John Mansfield made the first-ever award of compensation for loss of native title rights.

Mansfield awarded the Ngaliwurru and Nungali peoples AU$3.3m in August 2016 for various acts of the NT government going back to the 1980s. These acts included grants of land and public works affecting areas totalling 1.27 square kilometres near the remote township of Timber Creek.

Mansfield approached the compensation award in three steps:

  • Firstly, he worked out the value of the land rights in plain economic terms. He did this by looking to the freehold market value of the land, but discounting it by 20% to reflect the lower economic value of the native title. This is due to the fact its use is limited to rights under traditional law and custom, such hunting and conducting ceremonies, but does not include a right to lease the land, for example.

  • Secondly, he considered how to compensate for the loss of the non-economic aspects of native title, such as cultural and spiritual harm. This involved having to:

…quantify the essentially spiritual relationship which Aboriginal people … have with country and to translate the spiritual or religious hurt into compensation.

  • Thirdly, he gave an award of interest to reflect the passage of time since the acts of the NT government occurred.

The decision was quickly appealed to the Full Court of the Federal Court, which corrected a few errors and reduced the award to just over AU$2.8m. But in broad terms, it approved the three-step approach Mansfield used to calculate the award.

Whether the High Court will follow the same path remains to be seen. A number of new parties, including various state governments, have now become involved in the proceedings, each with their own barrow to push.

The challenge of valuing native title

The challenge is that conventional methods for valuing land may not be suitable to reflect the unique nature of native title rights and the significance of those rights to Indigenous peoples. New principles, or adapted versions of old ones, may be needed.

For example, in most cases where a piece of land is resumed by a government for an infrastructure project or some other purpose, the principal measure of compensation is the market value of the land.

But in the case of native title rights, there is no market to value the land. Native title cannot be sold, mortgaged or leased. Further, native title is different in every case, with no uniform content. Native title rights can include everything from a right to exclusive possession of land to a very limited right to conduct traditional ceremonies on a piece of land.




Read more:
How can we meaningfully recognise cities as Indigenous places?


Whether the Federal Court has taken the right approach – or whether a new approach should be adopted – will be the subject of debate in the High Court.

The Ngaliwurru and Nungali people contend the correct approach would have seen them awarded roughly AU$4.6m. The NT government is arguing, however, that the amount should be no more than about AU$1.3m.

The politics of Timber Creek

Just as Mabo and Wik resulted in political furore, so, too, may Timber Creek.

One sore point is between the federal government and the states and territories over who will pay any compensation. Under both the Keating and Howard governments, the Commonwealth undertook to pay 75% of the compensation a state or territory may be required to pay in future claims (with some exceptions).




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But in 2011, Porter tabled in the WA parliament a letter from Prime Minister Julia Gillard renouncing any Commonwealth obligation “for the cost of native title compensation settlements”.

Porter may now find himself on the opposite side of the table, having shifted from state supplicant to his new position as a Commonwealth purse holder.

Just how much political friction there will be will depend on the High Court’s approach to determining compensation and the potential cost if hundreds of other native title groups pursue compensation claims in the future.The Conversation

William Isdale, Postgraduate Research Student, T.C. Beirne School of Law, The University of Queensland and Jonathan Fulcher, Program Director, Energy & Resource TC Beirne School of Law, The University of Queensland

This article is republished from The Conversation under a Creative Commons license. Read the original article.

UN delivers strong rebuke to Australian government on women’s rights



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The UN committee issued over 90 recommendations for improvement, demonstrating that negative aspects far outweigh progress on women’s rights.
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Maria Nawaz, UNSW and Tess Deegan, UNSW

This week, the United Nations Committee on the Elimination of Discrimination against Women handed down its recommendations from its review of Australia’s compliance with the women’s rights treaty, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The UN delivered a scathing critique of Australia’s failures to protect and promote the rights of women and girls.




Read more:
UN set to review Australia’s record on women’s rights – and may find it wanting


The Committee on the Elimination of Discrimination against Women is a UN treaty body, made up of 23 independent experts from around the world, and its key functions include:

  • examining state parties’ implementation of rights under the convention

  • making recommendations detailing how state parties can improve compliance with the convention

  • accepting individual complaints about violations of rights under the convention

What did the committee say about Australia’s record on women’s rights?

The committee noted areas of improvement, including marriage equality, the introduction of the paid parental leave scheme and the prohibition of discrimination on the grounds of sexual orientation, gender identity, intersex status and family responsibilities.

However, it also issued over 90 recommendations for improvement, demonstrating that negative aspects far outweigh progress on women’s rights.

Human rights framework

The committee reiterated its 2010 recommendations that Australia should introduce a charter of rights. The Committee also recommended that Australia harmonise state, federal and territory discrimination laws to enhance their effectiveness in prohibiting discrimination against women.

The committee denounced funding cuts to the Australian Human Rights Commission, and emphasised the importance of the government respecting the independence of the commission.

Violence against women and sexual harassment

The committee noted the endemic nature of violence against women, with one in three women experiencing physical violence, and almost one in five women experiencing sexual violence. The committee recommended that the government reinforce efforts to change behaviours that lead to violence against women. This includes encouraging reporting violence, and adequately funding services under the National Action Plan to Reduce Violence Against Women and Their Children.

The committee raised the prevalence of sexual harassment, and recommended that the government take into account the outcomes of the national inquiry into workplace sexual harassment, encourage reporting and impose appropriate sanctions on perpetrators.

Women’s economic disadvantage

The committee condemned the government’s lack of gender budget analysis. It said:

The Committee considers that some of the State party’s recent cuts to social, health, education and justice budgets, reduction of taxes for high income groups and increase of the defence budget represent a setback…

It recommended the government take immediate measures to mitigate the effect of recent budget cuts on women, implement gender-responsive budgeting in the allocation of public resources, and reinstate the funding of services catering to women’s rights.

Access to justice

The committee criticised funding cuts to legal assistance services, and urged the government to implement the recommendations of the 2014 Productivity Commission Inquiry into Access to Justice. This includes ensuring adequate funding for community legal centres and legal aid.

The committee raised concern at provisions in funding agreements that restrict the ability of community legal centres and civil society organisations to advocate for women’s rights, and recommended the government remove provisions from funding agreements that restrict freedom of expression.

Treatment of diverse groups of women

The committee recognised that diverse groups of women, including Aboriginal and Torres Strait Islander women, LGBTI women, women with disability, women from culturally and linguistically diverse backgrounds, refugee women and older women experience greater barriers to accessing and enforcing their rights.

These include discrimination, lack of access to appropriate services, higher risk of violence, higher unemployment and homelessness rates, and lower representation in public life. The committee recommended numerous measures to improve gender equality for diverse groups of women.

Where to from here?

The release of these recommendations comes at a time of great uncertainty in international human rights. We’re seeing a disturbing retreat from fundamental human rights principles and institutions across the world.

While Australia has been using its seat on the Human Rights Council to advocate at the international level for the rights of women and girls, the gap between our global leadership on gender equality and the reality faced by women and girls in the Australian community is stark.




Read more:
Australia’s record on racial equality under the microscope


Australia has an extremely poor record of implementing treaty body recommendations. During the committee’s review of Australia last month, the Australian government, while stating that it takes its international obligations “incredibly seriously”, admitted that on most fronts it had no plans to amend laws or policies to improve protection of the rights of women and girls in the Australian community.

As part of the committee’s follow-up procedure, Australia must explain to the committee what steps it has taken to implement priority recommendations within two years.

The committee’s four priority recommendations focus on Aboriginal and Torres Strait Islander women, funding for women’s services, reproductive rights, and ending offshore processing of refugees.

The ConversationThe challenge for Australia is to engage positively with the committee’s recommendations and implement changes to improve human rights for women and girls at home

Maria Nawaz, Law Reform Solicitor/Clinical Legal Supervisor, Kingsford Legal Centre UNSW; Lecturer, UNSW Human Rights Clinic, UNSW and Tess Deegan, Law Reform Solicitor/Clinical Legal Supervisor at Kingsford Legal Centre, UNSW

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

Seven and Foxtel snag cricket rights, meaning more content but maybe not for free


Marc C-Scott, Victoria University

Under a new broadcast rights deal Cricket Australia will part ways with its long broadcast partner, the Nine Network, after more than 40 years.

The A$1.182 billion deal lasts six years and will commence from this coming summer through to 2024. It will be split between Seven and Foxtel.

As part of a new deal, Seven West Media will pay A$75 million per year to broadcast Big Bash League matches (43 of the 59), all home international tests, including the Ashes (2021-22), some Women’s Big Bash League and International matches, along with award ceremonies including the Allan Border Medal and Belinda Clark Award.




Read more:
Are sport broadcast rights worth the money?


Foxtel will pay A$100 million per year and promises to “show every ball of every over bowled in Australia”, also part of the new deal.

Foxtel will have a dedicated cricket channel. Its coverage will include: simulcasting games from Seven, exclusive rights to men’s one day international and T20 games and 16 Big Bash League matches.

A key for part of the deal for Foxtel has been it securing exclusive digital rights.

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The Nine Network’s partnership with Cricket Australia had a rocky start when the Australian Cricket Board decided to ignore Kerry Packer’s bid in 1976, in favour of the then partner – the ABC. Packer then changed cricket forever with World Series Cricket.

Today’s new media rights deal is another major shift in Australian cricket history. Not only is it the first time Seven will be involved in cricket, the new deal will also allow Australian cricket fans to have access to more cricket coverage than ever.

While there are more hours, there is a definite shift in what will now be shown on free-to-air television.

The negotiations

The current cricket broadcast rights deal with Nine and Ten is a five year A$590 million deal, ending this year. It was an 118% increase on the previous five-year deal.

Cricket Australia desired a similar increase with its new broadcast rights deal, asking a A$1 billion price tag. While it reached the A$1 billion price tag, the deal is for six years rather than five years.

Despite this, the deal is on par with recent increases in the cost of Australian sports media rights. Cricket Australia’s new rights deal matched the percentage increase from the previous deal, (achieved by the AFL) of 67%.

The winners and losers

The rights for Foxtel are a massive win, as Foxtel has lacked Australian summer sport content. By gaining the cricket it now has a full-year calendar of Australian sport. Its exclusive digital rights will allow Foxtel to expand its streaming platforms and potentially increase subscription across both its cable and digital services.

Foxtel’s exclusive digital rights will also dictate what Seven can do with cricket coverage. In recent years Seven has established a free (with ads) and premium service for its major sporting rights, including the tennis and the Olympics. For the cricket it appears that Seven will not be able to incorporate this approach.

Despite this Seven executives see the cricket rights as a better deal in comparison to the tennis rights, which it recently lost to the Nine Network. This is because the cricket media rights give the company over 400 hours of sport, more than double that of the Australian Open.




Read more:
Declining sport viewership shows why we should keep it on free TV


Previously UBS media analyst Eric Choi had stated that Nine lost A$30-40 million a year on the current cricket rights deal. Nine will still have cricket as part of its schedule as it has rights to the next Ashes series from England and the ODI World Cup in the UK in 2019 and the T20 World Cups in Australia in 2020.

The biggest loser from the broadcasters’ perspective is Ten, that has held the rights and gained high ratings from the Big Bash League. It will now need to find programming to fill a very big void in its summer lineup.

Now Cricket Australia has to play a balancing act to make sure cricket is not placed behind a pay-wall and therefore see levels of participation decline, as seen in the UK.

The ConversationIt has to ask itself, will Australians pay to watch cricket on their screens?

Marc C-Scott, Lecturer in Screen Media, Victoria University

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

Why the rights to broadcast cricket could be worth $1 billion


Marc C-Scott, Victoria University

A fierce bidding war is under way for the rights to stream and broadcast cricket for the next five years. The price is expected to reach A$1 billion, almost double the previous deal. Media companies are facing stiff competition because increasing viewer numbers are luring social media websites and other platforms into the race to host this content.

The price for rights keeps going up even though the Nine Network is losing money on its cricket coverage and Seven’s CEO Tim Worner has stated recent price increases for sports rights “are not sustainable”.

The Big Bash League, which is also broadcast internationally, is a huge driver behind the new rights deal. The new players interested in the streaming rights include telecommunications companies like Optus and Telstra, social media platforms (Facebook and Twitter) and Cricket Australia itself, which has its own website and app. This is on top of the traditional broadcasters like Nine and Ten.

Sport is key for broadcasters as they can attract advertisers with the promise of viewers who are watching live. Social media platforms and other websites want to lure viewers onto their platforms to discuss the games. Streaming platforms and telcos are trying to appeal to customers with access to exclusive content.

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Other sporting codes have recently been through this bidding process, and the deals they have struck hint at what is to come for Cricket Australia.

The AFL media rights, which started last season and run through to 2022, were sold for A$2.5 billion. This is more than double the previous A$1.2 billion agreement.

The value of the NRL broadcast rights, starting this year, also increased substantially from A$1 billion to A$1.8 billion.

But the AFL deal also faced a backlash from fans after it restricted Telstra to streaming just a 7-inch video of live coverage – larger screens are filled with black space. This is true even for those who buy the A$89 subscription to the AFL Live app.

Fox Sports streams live full HD video as part of the deal.

New players are driving up the cost

One of the major drivers of the price of sports rights is the increase and uptake of streaming. Broadcasters want the rights to televise and stream the games, while tech companies, telcos and others are more interested in the streaming rights.

The number of people streaming the cricket has doubled in the past year, according to one Cricket Australia executive, and paid subscriptions have increased by 30%.

Last year’s women’s Big Bash League was streamed across cricket.com.au, Facebook and the Cricket Australia app, reaching 1.5 million people. This season, 47 of the matches were streamed on Mamamia, a lifestyle website aimed at women.




Read more:
The future of sportscasting? Cricket Australia launches on Apple TV


Social media platforms want live sport to attract large crowds that will then use the platform to discuss the event. Twitter has a deal to stream Major League Baseball games (and formerly had one with the National Football League).

Twitter has also previously streamed the Melbourne Cup. Last year Facebook unsuccessfully bid US$600 million for the rights to stream Indian Premier League cricket.

Facebook CEO Mark Zuckerberg has described sport as “anchor content”. In other words, it will encourage people to watch more video on Facebook.

In addition to social platforms, Telstra and Optus have been competing with each other by offering exclusive content. Telstra holds AFL and NRL streaming rights, and also has a TV service, giving customers access to various content including sport.

Optus is an official partner of Cricket Australia, allowing its customers to stream cricket without incurring data charges. Optus also has exclusive broadcast rights to the 2018 FIFA World Cup.




Read more:
YouTube could change the way we broadcast sport in Australia


And after all that, we get to the traditional broadcasters. Ten, now owned by US network CBS, will be unlikely to walk away from the success it has had with the Big Bash League.

Nine’s CEO, High Marks, has stated that the network also needs to have streaming as part of the sports rights.

We have seen Seven recently undertake a hybrid mode with its coverage of the Olympics and Australian Open tennis. The broadcaster offers a premium paid tier alongside its free streaming. This mode has created tension between free-to-air broadcasters and Foxtel, with requests for the government to remove the anti-siphoning rules that prevent pay TV bidding for particular sports.

Foxtel is currently not involved in broadcasting domestic cricket, but it is likely to be part of new negotiations. The government has awarded Fox Sports a A$30 million grant to support the coverage of women and niche sports. If nothing else, Fox Sports could seek to pick up the rights to women’s cricket, including the Big Bash League, which has had only a small percentage of games broadcast.




Read more:
Chasing the audience: is it over and out for cricket on free to air TV?


Cricket Australia has previously noted that media rights make up as much as 80% of its income. Whatever deal is struck will have a huge impact not just for the professional players, but for the grassroots as well.

Cricket Australia will want to get the most for its rights, but needs to make sure not to impact grassroots participation and attendance. This was one of the side effects in the United Kingdom when pay TV providers secured exclusive rights to broadcast the cricket.

The ConversationThere is a huge opportunity here for Cricket Australia to advance the way in which the game is delivered to all screens. But, as we can see, the changing media landscape means it needs to balance the needs of many stakeholders.

Marc C-Scott, Lecturer in Screen Media, Victoria University

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

Like it or not, you’re getting the NBN, so what are your rights when buying internet services?


Jeannie Marie Paterson, University of Melbourne

Complaints about the national broadband network (NBN), involving connection delays, unusable internet or landlines and slow internet speed are on the rise.


Read more: When it comes to the NBN, we keep having the same conversations over and over


Most Australians will be forced to move onto the NBN within 18 months of it being switched on in their area, and that means navigating what can be confusing new contracts.

So, what are your rights regarding landline and internet connections?

Landlines

Many consumers can and do manage without a landline. But particularly for those without a reliable mobile service, a landline can be essential. It is included in many phone and internet “bundles” offered by internet service providers.

Standard telephone services (primarily landline services) are subject to a Customer Service Guarantee enshrined in law under the Telecommunications Act 1997.

This means that standards apply to common services such as connection of a phone line, repairs of that line and attending appointments on time. The provider will have to pay compensation to the customer if the Customer Service Guarantee standards are not met.

Despite this, some providers suggest a customer waive his or her customer service guarantee rights. There are safeguards for this waiver to be effective, primarily in that the provider must explain the nature of the rights to the customer before asking for the waiver.

The idea behind allowing providers to request a waiver of the Customer Service Guarantee is that it will allow customers to obtain cheaper services than would otherwise be the case. However, we might question the integrity of the consent typically given to such waivers, given consumers generally don’t read contracts and may have little understanding of the value of the Customer Service Guarantee or the likelihood of having to claim under it.

In any event, providers cannot ask for a waiver for Universal Service Obligations, which ensure accessible services for all customers, including those with a disability and those who live in remote areas.

Internet

The Customer Service Guarantee does not apply to internet connections – although the Australian Communications Consumer Action Network has argued that it should.

So there are no statutory obligations for internet providers, or NBN Co, to connect customers within a particular time frame or respond promptly to complaints.

The main safeguard for customers for internet services is in the Australian Consumer Law (ACL).

If an internet service provider promises a particular broadband speed and does not provide that speed, the provider may have engaged in misleading conduct contrary to the ACL. Damages and even penalty payments could be awarded against it. And fine print qualifications to the headline statement about internet speeds will not necessary protect the provider.

In addition, the Consumer Guarantees under the ACL (not to be confused with the Customer Service Guarantee under the Telecommunications Act) ensure that any equipment provided with an internet service must be of acceptable quality, and services be provided with due care and skill.

If these standards are not met, the consumer has a right to certain remedies under the ACL and damages for losses that result from the failure. These rights should go some way to protecting telecommunications consumers, although of course they do not directly guarantee that the provider will arrive on time for a scheduled appointment.

The ConversationSo while you may wish to charge your internet service provider for not turning up to an installation appointment, you wouldn’t get far under current Australian law.

Jeannie Marie Paterson, Associate Professor, University of Melbourne

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

Act now to protect your digital rights, Big Brother and his Little Sisters may be watching



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Do you know who has the rights to access your digital data? And who might be interested in acquiring that information?
West Point-US Military Academy/Flickr , CC BY-NC-ND

Jack Linchuan Qiu, Chinese University of Hong Kong

This article is part of the Democracy Futures series, a joint global initiative between The Conversation and the Sydney Democracy Network. The project aims to stimulate fresh thinking about the many challenges facing democracies in the 21st century.


Imagine China takes down its national internet blocking system – aka the Great Firewall – tomorrow. Will this affect how you use the internet?

Without the Great Firewall, Facebook and Google will grow exponentially in China. Before long, the tech giants own a sizeable share of the Chinese market and have become good buddies with Beijing.

This scenario unfolds at a time when Donald Trump’s inward-looking policy upsets Silicon Valley’s efforts to expand its global empire, and when the US Congress further deregulates the internet industry, allowing internet service providers (ISPs), for example, to collect and trade user’s private data. So the tech giants decide to go to bed with China.

What does this have to do with you using your smartphone in, say, Sydney?

Well, if you have a Facebook presence, it means your social network information may now be used in a few additional ways, without your knowledge. Perhaps a few China-bashing news items, shared by your friends, will disappear from your news feed. And if you rely on Google, YouTube, Amazon or Uber, the data you accumulate during your daily routines may now empower not just the Little Sisters (that is, advertising companies), but also Big Brother himself.

“We want to help the rest of the world connect with China.”

According to urban geographer and unionist Kurt Iveson, surveillance cameras at the University of Sydney generate half of the internet traffic on campus. All the research, the paperwork, the social media back-and-forth, the videos people watch and the online games and music they play, all this online traffic, when added together, barely matches the terabytes of information generated by the surveillance feed.

That’s a pretty big achievement for those tiny cameras looking down at you in the corridors and from the street lamps.

The ‘big’ in Big Brother and Big Data

China has big ambitions. Its interests and investments in infrastructure on a global scale are well known. It will only be a matter of time before Beijing realises that digital assets are as vital, perhaps even more valuable, than highways and airports.

The Chinese Communist Party already has a good record of endorsing corporate platforms in the New Economy. Last November, China embraced the “disruptive” innovation of Uber and similar services. It became the first country to legalise the smartphone ride-hailing business on a national scale.

In contrast, Japanese and European cities have long banned Uber from their streets. Australians and Americans continue to debate the ethics and legalities of the start-up service.

In response to the warm embrace, Uber praised China as:

… a country that has consistently shown itself to be forward-thinking when it comes to business innovation.

Now you probably see why Silicon Valley might want to divorce Trump and have an affair behind Tiananmen.

Your digital rights

Maybe it’s not such a good idea, after all, to hastily agree to whatever terms and conditions tech companies hand down to you in tedious fine print. You don’t know your rights. You don’t know who has your data. But do you care?

As an individual, your power is limited. Using a virtual private network (VPN) can be a good start, but which VPN service can you really trust? This is a pertinent question because what if the VPN you use turns out to be a honeypot collecting data about you?

Your best shot, then, is to join a movement – such as a citizen group – to raise awareness or a watchdog organisation that guards against the mishandling of private data by telecommunication companies.

Other good places to seek refuge and spread the good word include non-government organisations that promote solidarity with IT-sector workers and hacker groups who develop new crypto technology. You don’t have to know programming or coding to join them, as even the best hackers will need other kinds of help.

Cities like Sydney have many such organisations. Plenty of folks are working on digital rights issues. Join them to protect your data from being infringed by Big Brother, his Little Sisters, and even telcos and ISPs.

Even if China doesn’t plan to take down its Great Firewall any time soon, that doesn’t make protecting your own data – personal information that reveals so much about your life – any less important.

The ConversationAs long as you have signed over your rights to corporations, they can still sell out big to Beijing, Moscow or whoever else is peeping from afar, at this very moment, into your campus or workplace CCTV system.

Jack Linchuan Qiu, Professor, School of Journalism and Communication, Chinese University of Hong Kong

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