Yesterday almost everyone was condemning the South Australian government for requiring blog commenters to use their real names when offering their views on the South Australian election. Now the South Australian Attorney-General has backed down and says he will repeal the laws retrospectively.
I’m not convinced that the courts would have upheld any attempted blogger prosecutions as within the law. In what appears to be the relevant provision of the SA electoral legislation (s.116), the case would turn on the defintion of an internet ‘journal’. In the legislation, “journal means a newspaper, magazine or other periodical.” Is a blog a journal in that sense?
As with the similar kerfuffle over Stephen Conroy’s proposed internet filter, much of the criticism does not go far enough. In each case, the relevant ministers are trying to extend to the internet regulation that has long applied to other media. Is there something special about the internet that means different rules should apply? Read the rest of this entry »