From robo calls to spam texts: annoying campaign tricks that are legal



File 20190116 152968 yjzfxg.jpg?ixlib=rb 1.1
Politicians are allowed to spam you with campaign texts.
from shutterstock.com

Graeme Orr, The University of Queensland

“Make Australia Great.” So began several million text messages, sent last week from Clive Palmer’s United Australia Party. Palmer’s bumptious campaign techniques actually predated those of Donald Trump.

But now he is aping Trump’s slogans and nationalism, if with a less reactionary, more third-way ethos. The chances of Palmer rising again, like the proverbial political soufflé, are remote. But what of his campaign methods?

Mass texting (I’ll dub it “mexting”) is nothing new in electoral politics. Fifteen years ago it proved controversial, during a local election on the Gold Coast. Late night texts were sent to target young voters while they were out on the town.

The message – which came from nightclubs, urging voters to keeping licensed venues open all hours – was lost in a backlash. In those days people paid not just per text they sent, but often to receive them as well.

Mobiles have since become more ubiquitous, intimate fixtures, and we no longer pay to receive messages, nor do many of us pay for individual texts.

Palmer’s party admits to receiving more than 3,000 complaints (which he claims were robo-calls by trade unions), and he says there’s more to come. But why risk alienating the very people you are reaching out to? And how, if at all, does the law regulate such in-your-face campaign techniques?

The law on ‘mexting’?

For once, the legal how is easier than the political why. The national Spam Act of 2003 regulates unsolicited electronic messages via telephone and email. But only commercial messages, about goods and services or investments, are prohibited.

Social and political advocacy is not treated as suspect. On the contrary, it is encouraged. The Privacy Act, in particular, lets MPs and parties collect data on citizens’ views, to better personalise their messages.

Exempting politicians from privacy laws is based on the philosophy that freedom of political communication is vital to Australia’s democratic process.




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Even when government agencies, charities or political parties offer services or solicit donations or membership, they are given a free hand. All they have to do is include a link about who authorised the message.

The licence to advocate, provided it is not done anonymously, is an old one under electoral law in English-speaking democracies. The obligation to “tag” messages enables the speaker to be traced and helps us discount the source of political opinions.




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That is merely a rule about form, not manner or content. When it comes to manner, there are laws against offensive messages via mass media – whether broadcast or sent by post. (Good luck enforcing that rule in the back passages of the internet.)

There are also, famously, rules against discriminatory “hate” speech.

When it comes to content, you need to avoid defaming people. But there is no general requirement of truth, in the media or in politics, outside rules against misleading parliament, and a limited offence of materially false, paid, election-time ads in South Australia.

At the 2016 general election, the Labor Party dismayed the government and many observers, by mexting as part of its so-called “Mediscare” campaign. The texts looked like they came from Medicare itself. The trick led to a tightening of rules and a new offence of “impersonating” a Commonwealth body.

Other in-your-face campaign methods

Mexting sits in a long line of in-your-face campaign methods. The century old tradition of handing out flyers lives on, as letterboxes in marginal electorates will surely testify later this year.

Another was the “soap box” speech, trundled around shopping precincts via a loudspeaker on the back of a ute. In the middle of last century it was so typical that, as a young candidate, Gough Whitlam is said to have campaigned this way via a boat, to reach outlying suburbs not well serviced by roads.

Sound trucks show the ‘soap box’ method of campaigning is still used in Japan.
Wikimedia Commons

It is all but dead today in Australia, but lives on in the “sound trucks” of Japan.

More recent innovations are the ubiquitous “direct-mail” – a personalised if expensive variant of letterbox stuffing. Plus the “robo-call”, where a pre-recorded message is automatically dialled to thousands of telephones. I well recall picking up my landline, over dinner in 2007, to hear John Howard greet me. He happily ploughed on despite my unflattering response.

As for how, practically, a campaign assembles thousands of valid mobile numbers… well, Palmer’s party says it has no list. It may have hired a marketing firm to send out the texts. Commercial entities, notoriously, collect and trade files of phone numbers, postal and email addresses, and more.

Still, why? A cynic might say that for Palmer, any notoriety is good notoriety. His gambit has people talking about him again. Minor parties expect to alienate people: their goal is to attract a few percent of the vote.

Why major parties employ such tactics is another matter. They have to build broader coalitions of voters. But there is a cost-benefit analysis at work. Electronic messaging can reach swathes of people more cheaply than broadcast advertising, which in any event lacks the reach it once had. And negative advertising, like Mediscare, tends to work.

As it is, modern parties lack mass memberships and cannot rely primarily on organic influence or door-knocking by activists.

So while spamming, in text or audio, seems perverse – and is unlikely to be as effective as targeted or viral messaging on social media, or community-based campaigning – it won’t disappear.

For my part, I won’t grumble about a text from Mr Palmer popping up in my pocket. It beats his huge yellow billboards in terms of a blight on our public spaces.The Conversation

Graeme Orr, Professor of Law, The University of Queensland

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

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Christian Convert in Bangladesh Falsely Accused of Theft


Muslims said to use mistaken identity to stop activities of Christian who refused to recant.

DHAKA, Bangladesh, August 27 (CDN) — A Christian convert from Islam was falsely arrested for cattle theft last weekend in a bid by influential Muslims to stop his Christian activities, area villagers said.

Day laborer Abul Hossen, 41, was arrested on Saturday (Aug. 21) for alleged cattle theft in Dubachari village in Nilphamari district, some 300 kilometers (180 miles) northwest of the capital, Dhaka.

Christian villagers told Compass that Hossen was the victim of “dirty tricks” by influential Muslims.

“There is another Abul Hossen in the village who might be the thief, but his father-in-law is very powerful,” said Gonesh Roy. “To save his son-in-law, he imputed all the blame to a different Abul Hossen who is a completely good man.”

Hossen, who converted to Christianity from Islam in 2007, has been very active in the community, and Muslims are harassing him with the charge so his ministry will be discredited and villagers will denounce his faith, Roy said.

“If he can be accused in the cattle theft case, he will be put in jail,” Roy said. “He will be a convicted man, and local people and the believers will treat him as a cattle thief. So people will not listen to a thief whatsoever.”

Some 150 villagers, about 20 percent of them Christian, went to the police station to plea for his freedom, he and other villagers said.

Sanjoy Roy, a lay pastor with Christian Life Bangladesh, told Compass that Hossen was a fervent Christian and that some Muslims have been trying to harass him since his conversion.

“They are hoping that if he is embarrassed by this kind of humiliation, he might not witness to Christ anymore, and it will be easy to take other converted Christians back to Islam,” Sanjoy Roy said. “He is a victim of dirty tricks by some local people.”  

Hossen was baptized on June, 12, 2007 along with 40 other people who were raised as Muslims. Of the 41 people baptized, only seven remained Christian, with villagers and Muslim missionaries called Tabligh Jamat forcing the remaining 34 people to return to Islam within six months, sources said.

Local police chief Mohammad Nurul Islam told Compass that officers had arrested a cattle thief who confessed to police that his accomplice was named Abul Hossen.

“Based on the thief’s confessional statement, we arrested Abul Hossen,” said Islam. “There are several people named Abul Hossen in the village, but the thief told exactly of this Abul Hossen whom we arrested.”

Hossen denied the allegation that he was involved in cattle theft, Islam said.

“Hossen is vehemently denying the allegation, but the thief was firm and adamantly said that Hossen was with him during the theft,” he said. “Then we took Hossen on remand for three days for further inquiry.”

A former union council chairman who is Muslim, Aminur Rahman, also told Compass that Hossen was a scapegoat.

“He is 100 percent good man,” said Rahman, who also went to the police station to plea for Hossen’s freedom the day after his arrest. “There are two or three people named Abul Hossen in the village. Anyone of them might have stolen the cattle, but I can vouch for the arrested Abul Hossen that he did not do this crime.”

Whether Hossen is a Christian, Muslim or Hindu should not matter in the eyes of the law, Rahman said.

“He is an innocent man,” he said. “So he should not be punished or harassed. That is why I went to police station to request police to free him.”

Local government Union Council Chairman Shamcharan Roy, a Hindu from Lakmichap Union, told Compass that Hossen was not engaged in any kind of criminal activities.

“In my eight years of tenure as a union council chairman, I did not find him engaged in any kind of criminal activities,” said Shamcharan Roy. “Even before my tenure as a chairman, I did not see him troublesome in the social matrix.”

Immediately after Hossen’s arrest, Shamcharan Roy went to the police station and requested that he be freed, he added.

“I was under pressure from local people to free him from custody – more than 100 villagers went to the police camp, getting drenched to the skin in the heavy downpour, and requested police to free him,” Shamcharan Roy said. “Police are listening to a thief but are deaf to our factual accounts about Abul Hossen.”

In July 2007, local Muslims and Tabligh Jamat missionaries gathered in a schoolyard near the homes of some of the Christians who had been baptized on June 12, a source said. Using a microphone, the Muslims threatened violence if the converts did not come out.

Fearing for their lives, the Christians emerged and gathered. The source said the Muslims asked them why they had become Christians and, furious, told them that Bangladesh was a Muslim country “where you cannot change your faith by your own will.”

At that time, Hossen told Compass that Muslims in the mosque threatened to hang him in a tree upside down and lacerate his body with a blade. Hossen said the Muslims “do not allow us to net fish in the river” and offered him 5,000 taka (US$75) and a mobile phone handset if he returned to Islam.

“But I did not give up my faith, because I found Christ in my heart,” Hossen told Compass in 2007. “They threatened me with severe consequences if I do not go back to Islam. I said I am ready to offer up my life to Christ, but I won’t renounce my faith in Him.”

Report from Compass Direct News