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Australian PM Has Parody Site Shut Down

Posted by Zonk on Fri Mar 17, 2006 09:52 AM
from the ah-to-breath-the-free-air-of-australia dept.
babbling writes "The Australian Government has shut down a parody website that mocked Australian Prime Minister John Howard. The website featured a satirical speech that 'apologised' for the Iraq war. The site was down for two days before a phone call from Melbourne IT advised the owner that it had been shut down 'on the advice from the Australian Government'. A mirrored PDF copy of the "apology speech" is available."
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  • by AEton (654737) on Friday March 17 2006, @09:55AM (#14941545)
    MelbourneIT representative: "To us it looks like a phishing site."

    Not bloody likely.
    • by hey! (33014) on Friday March 17 2006, @09:59AM (#14941579) Homepage Journal
      The answer is if you elect politicians who think you need to be protected from your own stupidity, those politicians may be onto something.
        • by iminplaya (723125) <iminplaya&gmail,com> on Friday March 17 2006, @10:53AM (#14941975) Journal
          When you're mired in it, it's pretty hard to see what you're mired in. Anyway, the politicians are living pretty well. Stupid are the people who elect them. Ignorant really. I don't think they would get elected if the voters actually made an effort to find out the truth about the people they're voting for. If not ignorant, then apathetic, if not that, then despicable, because they actually want censorship of "undesirables".
        • Saying that politicians are stupid is simply a knee-jerk reaction to George W. Bush. I heard Bill Clinton speak recently and I would say that he is one of the most eloquent, intelligent men around.
    • Unfortunately for us aussies, we have a westminster system of gov that was copied badly Whilst there are implied freedoms of speech etc in the australian constitution they arent actually written in there which means our government can pretty much do what the hell it likes. And for those saying vote jack boot johnny out, i agree, but that just means the other idiots get in. Lets face it if voting changed anything theyd make it illegal.
        • Difference between the US and Australia is the Boston Tea Party.

          That is unfortunately true

          We have really only one historical civil uprising, the Eureka Stockade, [ballarat.com] which basically was crushed and didn't change very much at all. At least when I went through school, it wasn't taught as part of Australian history.

          To add insult to injury, the "Queen's Baton" (the Commonwealth Games' poor impression of the Olympic Torch) was run right through the centre of what many people see as a sacred site.

          Given that the

  • by Dynamoo (527749) * on Friday March 17 2006, @09:56AM (#14941554) Homepage
    This is a Bad Thing, and it's quite possibly unlawful. In most countries, parody sites are protected under the "fair use" clause in copyright laws. If I wanted to create a humorous site parodying the UK government (where I live), I'd have certain protection by law to copy the "look and feel" of the other site. This is true of most other countries.

    For example, some time ago there was a similar issue (reported here [theregister.co.uk]) about the UK Gov's "Preparing for Emergencies" site (the real one is here [preparingf...ies.gov.uk], the parody one here [preparingf...cies.co.uk]). There was some fuss about it at the time, but basically the UK Gov cocked up by not registering the .co.uk domain along with the .gov.uk, and there was no case to answer in law, because of the "fair use" clause.

    Similarly, whitehouse.org [whitehouse.org] and whitehouse.gov [whitehouse.gov] coexist. Indeed, there are probably hundreds of parody sites that work in a similar way.

    Now, when I read the story, the quote from Bruce Tonkin at Melbourne IT set off my BS alarm. His claim that Melbourne IT reacts quickly to issues like this is simply not true. If you're involved in the anti-spam or anti-scam business, you'll know that Melbourne IT are one of the domain registrars of choice for phishers and spammers. In fact, Melbourne IT's procedures are so slack that they infamously transferred the panix.com domain [theregister.co.uk] to a third party without authorisation last year. The site was offline for several days because Melbourne IT don't work weekends. You'll see that Bruce Tonkin offered another bullshit excuse there too.

    So, don't just blame the "Australian government" for this, as it's unclear who exactly intervened. A large part of the blame for this has to fall on Melbourne IT and their pisspoor procedures.. I bet they'd believe ANYBODY who rang up and claimed to be from the government. Shucks, perhaps I should give 'em a call and pretend to be John Howard.. although my English accent might give me away, though probably not.

    • by tpgp (48001) on Friday March 17 2006, @10:03AM (#14941595) Homepage
      In fact, Melbourne IT's procedures are so slack that they infamously transferred the panix.com domain to a third party without authorisation last year.

      Not just that. They've also been accused of facilitating [blogspot.com] 419 fraud.

      So, don't just blame the "Australian government" for this, as it's unclear who exactly intervened.

      Better: Blame the "Australian government" for this, along with Melbourne IT. John Howard has lied to the Australian Public again and again.

      He's currently under investigation for his role in collusion with [theage.com.au] Saddam's regime under sections.
    • by mpe (36238) on Friday March 17 2006, @10:03AM (#14941596)
      This is a Bad Thing, and it's quite possibly unlawful.

      It's also rather counter productive since it gets a lot of people looking at whatever all this fuss is about.
      • It's also rather counter productive since it gets a lot of people looking at whatever all this fuss is about.

        It's also bad press. Anyone/thing that can look at themselves and make fun of themselves or accept a good making-fun-of always comes out looking better in the end. In fact, they'd be smarter to publicize that they support the proprieter's free speech rights.

        Trying to stifle speech, on the other hand, never, ever looks good.

    • by Anonymous Coward on Friday March 17 2006, @10:22AM (#14941722)
      So, don't just blame the "Australian government" for this, as it's unclear who exactly intervened.

      The current Australian government's reputation doesn't help them though...

      Particularly they have a very poor reputation as far as "supporting civil liverties on principle" is concerned. It is one of the few governments that is entirely happy for the US to keep its citizens who are terror suspects in Guantanamo Bay (on the grounds that that way Australia doesn't have to deal with them). Their attitude towards assylum seekers is notorious worldwide. And the opposition aren't actually much better - they have just successfully campaigned to remove accountability for controversial drug approvals from the Health Minister [who might have to justify himself to the Australian people] and pass it to an entirely unaccountable "panel of experts". I wonder how long before John Howard realises that so long as you pass all the unpopular decisions to an unaccountable "panel of experts" then no voter can ever reasonably complain about anything you do!
      • 'they have just successfully campaigned to remove accountability for controversial drug approvals from the Health Minister [who might have to justify himself to the Australian people] and pass it to an entirely unaccountable "panel of experts"'


        This is not true and you know it. Didn't your mother tell you not to tell lies? The health minister had a right wing Christian agenda. That's why many people in his own party voted against him.
      • And the opposition aren't actually much better - they have just successfully campaigned to remove accountability for controversial drug approvals from the Health Minister [who might have to justify himself to the Australian people] and pass it to an entirely unaccountable "panel of experts". I wonder how long before John Howard realises that so long as you pass all the unpopular decisions to an unaccountable "panel of experts" then no voter can ever reasonably complain about anything you do!

        For non Australians, what *actually* happened, was that the Health Minister had veto power over a *single* drug - the abortion pill RU486 - and that veto power has been removed. The only reason the Health Minister even had such a veto was because several years earlier the Government had traded it for the support in Parliament of a Christian fundie independent MP, since at that time they needed it to have legislation passed.

        The situation has *nothing* to do with "accountability" and everything to do with anti-abortion agenda of the Christian Right. Parent post should be modded "-1, Blatant Misinformation".

    • by bogie (31020) on Friday March 17 2006, @10:22AM (#14941727) Journal
      "This is a Bad Thing, and it's quite possibly unlawful. In most countries, parody sites are protected under the "fair use" clause in copyright laws"

      Exactly. Here in the awesome USofA such things are protected. You are free to openly disagree with the President and his policies with NO WORRY of retribution. In other countries doing things like that would get you fired from your job, put on the nofly list, or even worse they dig up dirt on you and your family in an attempt to embarass or discredit you if you try to tell the truth.
      • by Burz (138833) on Friday March 17 2006, @11:17AM (#14942170) Journal
        Here in the awesome USofA such things are protected. You are free to openly disagree with the President and his policies with NO WORRY of retribution. In other countries doing things like that would get you fired from your job, put on the nofly list, or even worse they dig up dirt on you and your family in an attempt to embarass or discredit you if you try to tell the truth.

        Except that political retribution happens here anyway. After the Venezuelan govt made inexpensive fuel available to poor Americans, the VZ fuel company CITGO is being put under a microscope by Congress.

        Some Venezuelans who normally teach in the US have had their visas revoked, [democracynow.org] or their classes held-up. Government agents swaggering by your office saying "We have derrogatory information on you". "Blah Blah TERRORISM Blah Blah...", which is the new codeword for "We're not accountable to the Constitution".

        If US efforts to dispense aid met with investigations by politicians, or US teachers were prevented from teaching abroad, the foreign country would be labeled "totalitarian" (except if you are fascist like Saudi Arabia or Pakistan-- then you get to buy ad time on our airwaves for propaganda).
    • I RTFA and to me it wasn't funny. Maybe if the tone was from the Director of Marketing for the Foster's Bewery, then THAT would be funny.

      Some constructive suggestions for the site:

      1. A "How To" page for using a turbin as a cooler for beer

      2. A "How To" page for showing when president Bush is lying, (his lips are moving...).

      3. A "How To" for watching sand as the wind blows.

      4. A "How To" for looking at dead civilizations in Iraq

      5. An aussie-english to aribic translation page?

      "hay mate, where can I get a
      • Re:Parody... (Score:5, Informative)

        by sammy baby (14909) on Friday March 17 2006, @10:37AM (#14941837) Journal
        (Warning: IANAL. I'm speaking here specifically on the subject of US law, which obviously isn't the same as UK or Australian law.)

        Parody isn't the only "fair use." "Fair Use" is a legal standard established in title 17 of the US code. Basically it says that reproducing a copyrighted work without authorization is permissible if it is considered to be for "fair use." To determine whether a usage is fair or not, there are four tests that can be applied:
        1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
        2. the nature of the copyrighted work;
        3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
        4. the effect of the use upon the potential market for or value of the copyrighted


        Works of parody are usually given pretty broad latitude as being permissible under the first category.

        However, pretty much none of this is applicable to the Australian issue, since, to my knowledge, Australia doesn't have a fair use doctrine. In fact, according to Wikipedia [wikipedia.org], the only countries that do are the US and the Phillipines. In Australia, I think the legal test would be "fair dealing" [wikipedia.org]. If the wiki is correct, parody does not appear to be a provision of that doctrine.
  • by Anonymous Coward on Friday March 17 2006, @09:57AM (#14941569)
    looks like this was not Minitrue approved!
    And there I was thinking parodical works were protected
  • Google cache (Score:5, Informative)

    by Odiumjunkie (926074) on Friday March 17 2006, @09:57AM (#14941574)
  • by HellYeahAutomaton (815542) on Friday March 17 2006, @10:02AM (#14941594)

    Politicians are in the public eye, and should expect satire and public attention. No one forced them to be politicians. Danish cartoons causing bloodshed, and now this. Does the Australian government think its people so dumb that they can't distinguish parody from sincerity?

    What a miserable miserable world we live in.

    • by rjstanford (69735) on Friday March 17 2006, @11:42AM (#14942407) Homepage Journal
      Go and read the PDF. Now assume that its been sent to you, as-is. Nothing whatsoever on that indicates in any way, shape, or form that it was a work of Satire, that those words did not come from John Howard. Its not as if it was posted on The Onion, or another similar site, that clearly indicates it is not official.

      Now look down at the bottom. There's a copyright link which, like a lot of other links on the site, actually leads to the official website's copyright page. By doing that, and by not having anything anywhere on the page that identifies the authors in any other way, they may well have actually assigned copyright (I'm not familiar with the intracies of Australian copyright law). In that case, as the copyright owners (if not the authods), they were completly within their rights to insist that the piece be removed.

      There's satire, and then there's impersonation. To me, for something to be protected even if satirical there would have to be some way, other than a personal evaluation of the content of the attributed text, for them to be able to tell that they're not looking at a "true" website. It can be evocative of the original, but should not be too easily mistaken for it. In the same way that, in the 'States, Saturday Night Live can use the presidential trappings for a "Press Conference" but if they were to broadcast a) without a laugh track, and b) using a body double instead of a "regular" actor, and c) react accordingly - they'd get in trouble too.
  • by ackthpt (218170) * on Friday March 17 2006, @10:04AM (#14941606) Homepage Journal

    Politicians should grow some thicker skin in Oz. Hard to imagine a more thin skinned bunch, what next, censorship, oh, wait, that's exactly what it is.

    50 years ago, March 17th, 1956, Fred Allen, born May 31, 1894 in Cambridge MA to irish catholic parents, famed comedy writer and radio comedian, died of a heart attack while walking his dog.

    I'll toast him with a pint of Guinness. Thanks Fred, for all the laughs.

  • by Anonymous Coward on Friday March 17 2006, @10:05AM (#14941609)
    Of course, I'm not Australian, and I may not be catching their humor.

    However, the PDF document looks "offical" enough to possibly be the "real thing".

    If this is satire, it's not translating well. It's no surprise the government wanted it taken down.
    • by 'nother poster (700681) on Friday March 17 2006, @10:28AM (#14941756)
      Satire doesn't have to be "Ha Ha" funny. I'm American. I follow world politics fairly loosely, and I can tell that the Australian PM, wossisname, Um, Howard Dean? Nah. Oh, yeah, John Howard didn't write that. His political allies would shit kittens, then have him commited to the loonie bin for saying those things.
    • Oh yes it does. (Score:5, Informative)

      by Any Web Loco (555458) on Friday March 17 2006, @11:43AM (#14942421) Homepage
      You're just not getting it (no disrespect). As an Aussie, yo uonly really need to read the firsst couple of lines to know that this is satire. The content of the thing is SO radically removed from John Howard's stance as to be an obvious satire. Australia has quite a history (bit like the British with The Office) of doing satire that *looks* like it could be/should be real. If you're American, imagine that this purported to come straight from GW... I imagine you'd look at it and *know* that it was a joke. Same story here.
  • Backfire! (Score:3, Insightful)

    by redelm (54142) on Friday March 17 2006, @10:05AM (#14941611) Homepage
    As usual, attempts to ban something mostly just serve as publicity.


    It would have been better to request that the material clearly be labelled "parody" or "fiction", because some wankers might be confused and think Howie is a nice guy.

  • by soft_guy (534437) on Friday March 17 2006, @10:07AM (#14941622)
    I'm glad to see that Australia now has the same level of freedoms as Iran, North Korea, and China.

    I love the Austrailian people and I hope that the US will liberate them from their repressive government sometime soon.
      • I'd rather (Score:4, Insightful)

        by tkrotchko (124118) * on Friday March 17 2006, @10:47AM (#14941933) Homepage
        In the U.S. we're supposed to be a beacon of freedom and tolerance. When we don't meet these ideals, they should be pointed out. In fact, people are doing us a favor for pointing out our flaws because it's possible we don't see them ourselves.

        Let me use an analogy... If I have some food on the corner of mouth after I eat, I hope my friends will tell me about it, and not just ignore it because some guy down the hall spilled his entire meal on his tie.

        People from around the world point out our flaws because we're disappointing them. After we did so much to liberate the world from tyranny in the 20th century, they want us to continue in the 21st. And if we don't meet that benchmark, then they want to tell us to get better.
  • by digitaldc (879047) * on Friday March 17 2006, @10:08AM (#14941634)
    He said that after two days of silence, a customer service representative from Melbourne IT today informed him by telephone that the site had "been closed on the advice from the Australian Government"

    People know censorship when they see it.
    People do not like being censored.
    I suggest if you are an Aussie and this bothers you, vote John Howard and his friends out of office.
  • by Kohath (38547) on Friday March 17 2006, @10:10AM (#14941649)
    Don't they have free speech in Austrailia?

    This wouldn't happen in the USA because we have free speech. Except if a lesbian is offended, then it's sexual harrassment. Or on campuses with a speech code. Or it you want to advertise cigarettes. Or alcohol. Or if you want to run political ads, then it might violate campaign finance reform, even if it's exactly like this John Howard web site.

    So this wouldn't happen in the USA in the early 80s. We sort-of had free speech back then.
  • Chilling. (Score:5, Interesting)

    by TripMaster Monkey (862126) * on Friday March 17 2006, @10:11AM (#14941656)

    Well, I've looked at the PDF [richardneville.com] of the satire website, comparing it with the real deal [pm.gov.au], and I have to say that the two are extremely similar....virtually identical with the exception of content. In this light, the reason offered by Bruce Tonkin, the chief technology officer of Melbourne IT, holds a bit of water:
    "If we receive a complaint from an intellectual property basis claiming that a website directly infringes the rights of another site we would check it, and if it is a direct copy we would suspend the site," he said.
    Upon closer observation, however, this reason leaks like a sieve. The parody websise is not a direct copy...far from it, since the content is radically different. This reason also conveniently glosses over the rather important fact that the Melbourne IT was ordered to yank the website by the Australian Government.

    Mr.Tonkin goes on to say:
    "To us it looks like a phishing site."
    Phishing??? Phishing for what??? This claim is patently ridiculous.

    The reason Melbourne IT yanked the website is pure and simple: they were told to by the Government.

    Our fundamental human rights are being slowly whittled away...not only in America, but around the world. There is no save harbor. There is nowhere to hide from the oppression. Concerned citizens have to make a stand now...not because it is the right thing to do, but because they have no other option, finding themselves with their backs against the wall.
      • Re:Chilling. (Score:5, Insightful)

        by TripMaster Monkey (862126) * on Friday March 17 2006, @10:40AM (#14941868)

        It's an easy enough misunderstanding: a phishing site looks like a genuine site, but isn't.

        Parody sites look like genuine sites too. That's the general point of parody.

        Yes, he's missed the point that phishing is about data capture not misinformation but I wouldn't rag him too hard, he's in the right ballpark.

        "The right ballpark"????? For Chrissakes....he's the chief technology officer at Melbourne IT [melbourneit.com.au]. If he doesn't fucking understand what a phishing site is, Melbourne IT Needs a new CTO.

        What's more likely? That a CTO of a major ISP actually doesn't understand the concept of a 'phishing site', or said CTO is prevaricating because the Government is breathing down his neck? You do the math.
  • Satire (Score:3, Insightful)

    by mwvdlee (775178) on Friday March 17 2006, @10:11AM (#14941660) Homepage
    I'm probably going to get marked as a troll or something but the site (see google cache elsewhere) does indeed try to look identical to the real site and links everything but the speeches to the original site, down to the copyright notice.
    Copying material for satire is probably legal in this case, but he should not have misrepresented ownership of the text he wrote.
  • As an Australian ... (Score:3, Interesting)

    by OzPeter (195038) on Friday March 17 2006, @10:12AM (#14941665)
    when I was reading the "speech" I could hear it as the words of John Howard. Whoever wrote it did a great job in mimicking Howard's speech writers. It seemed spot on to me.

    On the other hand, for the Aussies reading this .. my visions of John Howard were formed in the 80's from the radio comedy How green was my cactus [cactus.com.au] where his character was "Little Johnny Howard". I'll never be able to shake that caricature of him :-)

    But yeah .. it sucks not to have free speech.
  • Johnny gets tough! (Score:3, Insightful)

    by ockegheim (808089) on Friday March 17 2006, @10:16AM (#14941691)

    Well at last he's doing something about sedition [news.com.au] instead of just talking about it. I'd better stop thinking freely.

    Any Australian would know this is a fake speech because the Mr Howard is pathologically unable to apologise for anything.

  • by CSHARP123 (904951) on Friday March 17 2006, @10:28AM (#14941758)
    During my recent trip to India, also horribly touched with extremist violence, I was reminded by their soft spoken Prime Minister, Dr Manmohan Singh, that the British had seriously erred by clinging too long to their former colony. Despite widespread opposition to their presence, British politicians continued to insist that their departure would lead to chaos. Dr Singh said, 'But it would be our chaos, dont you see?' At that moment I understood what he was saying.

    Atleast people in India seems to elect a sensible PM. Our politicians have lot to learn. May be Indians elect educated people to the top post(current president used to be a scientist). Especially in US, we have elected an idiot to the top post and enitre world is affected by him. No wonder world hates us.

  • Rights vs Laws (Score:4, Insightful)

    by stlhawkeye (868951) on Friday March 17 2006, @10:32AM (#14941793) Homepage Journal
    This is one of those tricky intersections of "rights" and "law." Note that "rights" are things we have whether the law recognizes it or not. That's the classic liberal "natural law" version, and it's what most modernized democracies found their legal system on. Among those rights are speech, especially the right to speech of a political nature. The law protects IP because such laws ultimately benefit everybody (in theory), but this guy MIGHT be breaking IP laws to make a political statement. My take would be that his political statement isn't being silenced, just this particular method of making it. The guy could probably re-package or re-do the web site to make it more clearly a parody and get around the IP laws on this. What pisses me off is that it was just SHUT DOWN rather than trying this very reasonable intermediate step.
  • by davem2 (961858) on Friday March 17 2006, @10:42AM (#14941890)
    Australians have no legal guarantee of free speech and we've never demanded one. All Western Governments have been clamping down on human rights since 9/11 and people keep voting them back in.
    • by ttys00 (235472) on Friday March 17 2006, @11:57AM (#14942568)
      Parent is correct. The Australian Constitution [aph.gov.au] does not guarantee freedom of speech. From Freedom of Speech and the Constitution [aph.gov.au]:

      The Australian Constitution does not have any express provision relating to freedom of speech. In theory, therefore, the Commonwealth Parliament may restrict or censor speech through censorship legislation or other laws, as long as they are otherwise within constitutional power.

      The above page also states that Australians do not have free speech under the UN's Universal Declaration of Human Rights either.
  • by SlappyBastard (961143) on Friday March 17 2006, @11:05AM (#14942074)
    Historically, free societies have been controlled very easily because the means of mass producing propoganda were easily centered in the hands of a few elites. Basically, the same people who sold you your thoughts every day were the ones who bought your government every day. The internet has blown the hinges off this system. Now, you have small fries all over the world projecting power and strength well beyond what the system has determined is their right. One blog, backed by a good mind, can destroy a politician. And the bastards are scared. This sort of arbitrary exercise of authority is exactly what people do when they're scared. The system is trying to get a handle on the internet, before the internet becomes big enough and strong to end their control of the means of production of propoganda. Unfortunately, that boat has already sailed. It's hard being a pol.
  • by Any Web Loco (555458) on Friday March 17 2006, @11:36AM (#14942328) Homepage
    The Oz Government requested that the site be taken down on the grounds of a potential copyright infringement. It's unclear from the article how the request was made, but they usually come in the form of a "take-down" issued by the Australian Communications and Media Authority under the Broadcasting Services Act (Google 'em, I'm lazy) which goes to the orgainsation hosting the site and says that there's a website which uses copyrighted material without the authority of the copyright holder, please take it down within 48 hours (IIRC). Process open to abuse? Absolutely.

    Take Down notices don't turn up as often as you'd think but even if one wasn't issued, when the Government called Melbourne IT, you can bet that they said "how high"..

    Fair use. Yes, Australia has Fair Use exceptions within their copyright regime and they extend to the use of copyrighted material for the purposes of satire. This site clearly falls within the exception.

    Further, Australians have an "implied right" of "freedom of political communication". Basically, the Australian Consitution "implies" that Australians have the right of free speech insofar as that speech relates to politicians and the political process (ie because your speech relates to the election of government and by extension politicians, you are free to say what you want - approximately accurate nutshell). It's actually quite restricted and has failed as a defence (it's not a positive right like the US right, only a defence) on a number of occasions, most notably when a satirical song was created about an Australian politician called Pauline Hanson by a satirist called Pauline Pantsdown. It was an hilarious satire using Pauline Hanson's own words but mixed up & rephrased (definitely worth googling).

    I gues that the end story here is that the Australian Govt. have done themselves NO favours. Requesting the site be taken down was always going to make the press and was always going to go against the Govt. End result is better publicity for his piece.

    And it's not bad - gets the tone right and doesn't resort to the usual "nah-nah-nah" that passes for political satire in Australia.

    Pretty much spot on, content included.

    And could someone do the guy a favour & mirror the PDF?
    • Re:Good (Score:3, Insightful)

      We'd all do better off without such hateful speech.

      Betterment through censorship is a one step forward-two steps backwards maneuver.