Elections 2.0 : reflections on the 2010 federal election and the future of Australian electoral law

This article analyses the 2010 federal election and the impact the internet and social media had on electoral law, and what this may mean for electoral law in the future. Four electoral law issues arising out of the 2010 election as a result of the internet are considered, including online enrolment, regulation of online advertising and comment, fundraising and the role of lobby groups, especially when it comes to crowdsourcing court challenges. Finally, the article offers some suggestions as to how the parliament and the courts should respond to these challenges.

Electoral behaviour in the 2010 Australian federal election

All elections are unique, but the Australian federal election of 2010 was unusual for many reasons. It came in the wake of the unprecedented ousting of the Prime Minister who had led the Australian Labor Party to a landslide victory, after eleven years in opposition, at the previous election in 2007. In a move that to many would have been unthinkable, Kevin Rudd’s increasing unpopularity within his own parliamentary party finally took its toll and in late June he was replaced by his deputy, Julia Gillard. Thus the second unusual feature of the election was that it was contested by Australia’s first female prime minister. The third unusual feature was that the election almost saw a first-term government, with a comfortable majority, defeated. Instead it resulted in a hung parliament, for the first time since 1940, and Labor scraped back into power as a minority government, supported by three independents and the first member of the Australian Greens ever to be elected to the House of Representatives. The Coalition Liberal and National opposition parties themselves had a leader of only eight months standing, Tony Abbott, whose ascension to the position had surprised more than a few. This was the context for an investigation of voting behaviour in the 2010 election....

The politics of Twitter data

Talk of Big Data seems to be everywhere. Indeed, the apparently value-free concept of ‘data’ has seen a spectacular broadening of popular interest, shifting from the dry terminology of labcoat-wearing scientists to the buzzword du jour of marketers. In the business world, data is increasingly framed as an economic asset of critical importance, a commodity on a par with scarce natural resources (Backaitis, 2012; Rotella, 2012). It is social media that has most visibly brought the Big Data moment to media and communication studies, and beyond it, to the social sciences and humanities. Social media data is one of the most important areas of the rapidly growing data market (Manovich, 2012; Steele, 2011). Massive valuations are attached to companies that directly collect and profit from social media data, such as Facebook and Twitter, as well as to resellers and analytics companies like Gnip and DataSift. The expectation attached to the business models of these companies is that their privileged access to data and the resulting valuable insights into the minds of consumers and voters will make them irreplaceable in the future. Analysts and consultants argue that advanced statistical techniques will allow the detection of ongoing communicative events (natural disasters, political uprisings) and the reliable prediction of future ones (electoral choices, consumption)...

The Politics and Legality of Prisoner Disenfranchisement in Australian Federal Elections

To remove the right of prisoners to vote does many things. … It signals that whatever the prisoner says is not of interest to those at the top, that you are not interested in talking to them or even listening to them, that you want to exclude them and that you have no interest in knowing about them. INTRODUCTION In June 2006, Australia passed legislation disenfranchising all prisoners serving full-time custodial sentences from voting in federal elections. This followed a succession of changes dating from 1983 that alternately extended and restricted the prisoner franchise. In 1989 and 1995, the Australian Labor Party (ALP) federal government prepared draft legislation removing any restrictions on prisoner voting rights in federal elections; the measures were defeated and withdrawn. With the 2006 legislation, the Howard Coalition government (composed of the Liberal and National parties) successfully achieved the total disenfranchisement it first sought in 1998. This chapter examines the politics and legality of the 2006 disenfranchisement. This will be approached, first, by briefly outlining the key provisions of the Commonwealth Electoral Act 1918, offering a short legislative history of prisoner franchise, and examining some of the key constitutional issues. Second, the 2006 disenfranchisement introduced in the Electoral and Referendum (Electoral Integrity and Other Measures) Act 2006 will be examined in greater detail, particularly in terms of the manner in which it was achieved and the arguments that were mobilized both in support of and against the change.

‘Only a pawn in their game’ : crime, risk and politics in the case of Robert Fardon

In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

Gesturing elsewhere: the identity politics of the Balinese death/thrash metal scene

This essay explores the political significance of Balinese death/thrash fandom. In the early 1990s, the emergence of a death/thrash scene in Bali paralleled growing criticism of accelerated tourism development on the island. Specifically, locals protested the increasing ubiquity of Jakarta, 'the centre', cast as threatening to an authentically 'low', peripheral Balinese culture. Similarly, death/thrash enthusiasts also gravitated toward certain fringes, although they rejected dominant notions of Balinese-ness by gesturing elsewhere, toward a global scene. The essay explores the ways in which death/thrash enthusiasts engaged with local discourses by coveting their marginality, and aims to demonstrate how their articulations of 'alien-ness' contributed in important ways to a broader regionalism.

Journalism, History and the Politics of Popular Culture

I argue that a divergence between popular culture as “object” and “subject” of journalism emerged during the nineteenth century in Britain. It accounts not only for different practices of journalism, but also for differences in the study of journalism, as manifested in journalism studies and cultural studies respectively. The chapter offers an historical account to show that popular culture was the source of the first mass circulation journalism, via the pauper press, but that it was later incorporated into the mechanisms of modern government for a very different purpose, the theorist of which was Walter Bagehot. Journalism’s polarity was reversed – it turned from “subjective” to “objective.” The paper concludes with a discussion of YouTube and the resurgence of self-made representation, using the resources of popular culture, in current election campaigns. Are we witnessing a further reversal of polarity, where popular culture and self-representation once again becomes the “subject” of journalism?

21st Century politics : new faces/new spaces

Politics has been described as a man’s game and a man’s place. Further, the design of houses of politics also embeds this dominant masculine ethos. Traditional Chambers have been large with only limited seating arrangements ensuring that only privileged elite can participate and both officials and the public are located at some distance and separate from the elected officials. Such a Chamber ensures that Members need to face each other and the dominant interaction is adversarial. Within this system however, women have been able to carve out new spaces, or use existing ones in different ways, to become more involved with the mechanisms of parliament and provide alternative routes to leadership. In doing so, they have introduced elements of the private domain (nurturing, dialogue and inclusion) to the public domain. The way in which space is used is fundamental and its treatment has consequences for individuals, organizations and societies (Clegg and Kornberger 2006). Dale’s (2005) work emphasises the social character of architecture which recognises the impact which it has on the behaviours of individuals and nowhere is this more pertinent than the way the Australian Parliament House operates. This paper draws on the experiences of Australian parliamentarians to examine the way in which the new Australian Parliament House shapes the way in which the Australian political cultural norms and practices are shaped and maintained. It also seeks to explore the way the Members of Parliament (MPs) experience these spaces and how some MPs have been able to bring new ways of utilising the space to ensure it is more accommodating to the men and women who inhabit this building at the apex of Australia’s political life. In doing so, such MPs are seeking to ensure that the practices and processes of Australia’s political system are reflective of the men and women who inhabit this national institution in the beginning of the 21st century.