The Blackbox Debate

Cassie_Dart | 02/11/2006 - 19:24

I write regarding the closure and censorship of the below thread - Blackbox Management: Good or Bad?

http://www.theatre.asn.au/node/5973

I recently had a young actress write to me and ask a question about her agency, so I sent her this link. It is a tradgic shame that dozens of people's comments have been censored, but I respect Theatre Australia for having posted that these messages were deleted as a result of one John W. of Blackbox Management. It is made clear to everyone what is really going on.

This young actress was, suffice it to say, not happy in her current situation. Will you delete my post for saying that?

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tragic yes
Author: Neville Talbot
Date: 03/11/2006 - 18:37
Neville Talbot's picture

unexpected, no.
Just wish I could be bothered following it up. Feel a little defamed by the implications of having my comments being censored in the first place... Smiling
I think the vast amount of newly-blanked postings does more to show the truth of the issue than any of what we all wrote.

Beware!
Nev

It's the simple things stupid...


Interesting Censorship
Author: Labrug
Date: 04/11/2006 - 16:35
Labrug's picture

I find it most interesting that many of the comments "removed" actually had more to do with critical advise than actual defamation. I have no first hand experience of the agency myself and a lot of my posting were advice type comments and thoughts about the stong level of complaint.

When even tips and advice are censored, you then have to wonder.

Absit invidia

Jeff Watkins
Perth based Actor/Performer
who can also sing and dance
Fight/Sword Choreographer
Virgin Director
UPstageWA Rep

Home Page


Seriously
Author: Tari-Xalyr
Date: 05/11/2006 - 20:40
Tari-Xalyr's picture

That is seriously sad. Like you both said the deleting of so many posts makes a better statement then what the posts themselves may have said in the first place.

Does free speech (well text) exist? Or is this just how humanity reacts to anything negative? It's not an attack just general responses.

~ Tari

The Writer is a child forever listening at the keyhole of the adult world.


 06/11/2006 - 07:31 Paul Mclaughlin Free Speech?
The way to avoid being sued
Author: Logos
Date: 06/11/2006 - 08:03
Logos's picture

The way to avoid being sued (because defamation and libel are civil actions) is to tell only what can be supported by evidence as truth. Stated opinion is another issue. It is theoetically a defence to use the term "alleged" or "in my opinion" thereby removing the claim to fact. I do not believe that many of the posts on the BMA thread were defamatory as many of them simply repeated what we all say. Do your homework.

Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au


Echos
Author: Labrug
Date: 06/11/2006 - 08:33
Labrug's picture

My thoughts too. Most of the removed postings were simple statements of common sense. While there may have been some rather inflamitory remarks which I feel deserved removal, and in some case had been removed using built-in site features, most of those removed were non-specific, advice collumn type stuff.

When censorship can be used to suppress common sense, where can you go from there?

Absit invidia

Jeff Watkins
Perth based Actor/Performer
who can also sing and dance
Fight/Sword Choreographer
Virgin Director
UPstageWA Rep

Home Page


Ok clarification
Author: Tari-Xalyr
Date: 06/11/2006 - 08:31
Tari-Xalyr's picture

I DO know there is no UNLIMITED free speech. Humanity cannot operate like that. Human flaw is always at fault. Besides the concept of "freedom" ,in my opinion, is an abstract concept, just like knowledge is an abstract concept.

My point was people can claim an opinion without being attacked or ridiculed because of it.

I believe that thread is a sad example of power struggles and control. But thats just me.

~ Tari

The Writer is a child forever listening at the keyhole of the adult world.


I doubt that anyone will be
Author: Logos
Date: 06/11/2006 - 11:25
Logos's picture

I doubt that anyone will be surprised when they read this. Free Speech should never be curtailed except when used to defame or maliciously damage the reputation of an individual or legal entity. The point is that we all have opinions and beliefs and curtailing anyone's right to say what they beleive is an infringement of their civil rights. I personally find for example the remarks made by Shiek al-Hilali about women to be very offensive BUT I have two probems with the storm of passion about them.
1) They have been quoted as stand alone out of context and that as we all know can vastly distort the intent of the original speaker. I woulds like to hear the entire speech.
2) They are his opinion. Whether or not I agree it is for him and his church to decide whether or not they are appropriate and act accordingly.
This opinion of course is one of the problems I have with Islam. Particularly as there is very little Quranic support for the attitude.
So Freedom of Speech. It is in my modest opinion one of the most basic rights of all and is a right upon which many of the freedoms of which we are so proud hinge. To once again quote Benjamin Franklin
"He who is prepared to give up essential liberty in return for a little safety deserves neither liberty not safety."
It's as basic as that.

Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au


 06/11/2006 - 13:31 Daniel Kershaw Volitare once said, and I'm
 06/11/2006 - 13:52 Logos Actually I THINK his
I don't see the problem why
Author: Daniel Kershaw
Date: 06/11/2006 - 14:26

I don't see the problem why people can't criticise someone's work practices and say they are shit.


I agree
Author: Logos
Date: 06/11/2006 - 15:21
Logos's picture

I agree. But in order to avoid legal action you must say it is your opinion that they are shit unless you can prove that they really are shit in a way that will stand up in court.

Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au


and as said earlier
Author: Neville Talbot
Date: 06/11/2006 - 18:07
Neville Talbot's picture

a hell of a lot of the posts had nothing that was remotely defamatory towards this business.
much was general advice, a lot replies to other posters, and some of it I seemed to remember was plain innocuous.
some of mine in particular (which probably in hindsight deserved to be at the least 'edited') were aimed at a certain inflammatory poster, not BBM at all.

My understanding, however, is that free speech is not a right guaranteed in Australian law anyway... anyone more full-bottle on constitutional law?

Neville

It's the simple things stupid...


I don't know the details,
Author: Na
Date: 07/11/2006 - 05:51

I don't know the details, but yes, we do not have the right to free speech. This was (possibly) something that would have been introduced in a constitution if we had become a republic.

The Prompt Copy
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I am not a lawyer
Author: Logos
Date: 07/11/2006 - 08:14
Logos's picture

I am definitely not an expert on constitutional law but here goes. Australia does not have a single piece of paper with the word Constitution written on top of it. We have a series of pieces of senior legislation such as the electoral act and the various taxation acts and acts defining the roles of the State and Federal Governments and their rights, duties and responsibilities. These acts do not define such things as freedom of speech. We also have a skein of tradition opinion and accepted practices that are known as common law. Certain "rights" we assume we have are more pious hopes based on usage and practice and the willingness of courts to acknowledge the power of common law. The USA which was the first country in the world to have a written constitution is also one of the few to have guaranteed rights such as those outlined in the so called "Bill of Rights" the first 10 amendments to the US Constitution. These rights include the right to freedom of speech (which does not make it possible to defame without penalty) the right to free assembly (which we simply do not have) the right to form militia (which we probably don't want) the right to freedom of religion (which anti discrimination legislation more or less gives us) and the right not to incriminate ourselves in a court of law (which we definitely don't have). There are others but can't remember them at the moment.
Every country debates having it's own Bill of Rights every now and then but no Government other than the US has as yet been willing to give up the powers that would be curtailed if we had one. (Ask a journo friend about d-notices sometime.)
The UN has written a Universal Declarations of Human Rights and while most of the world has said "Yeah it's a good thing" no-one has as yet included it in it's nations laws.
A bit long winded and a touch simplistic. My degree has a second major in political history so I apologise if I sound patronising.

Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au


He is not a lawyer
Author: stinger
Date: 07/11/2006 - 16:50
stinger's picture

Logos said:
"Australia does not have a single piece of paper with the word Constitution written on top of it".

What about the Commonwealth of Australia Constitution Act 1900? Or the Constitution Act 1889 (WA)? You're right, there is not a single one, there are 8 or 9 of the buggers!

Logos also said:

"The USA which was the first country in the world to have a written constitution".

That is of course to ignore such scraps of paper as the English 'Magna Carta'. I'm sure the Greeks, Romans and French would have something to say about that as well.

You may be confusing 'constitution' per se with 'bill of rights' which the Americans (and others) have incorporated in their constitutions.

Ssstinger>>>


 07/11/2006 - 21:54 Tari-Xalyr 1901
 07/11/2006 - 21:55 Tari-Xalyr 1901
Personal Experiences Matter
Author: Cassie_Dart
Date: 06/11/2006 - 20:15
Cassie_Dart's picture

I think most of the comments were not defamatory, and I did read them all. I think it was a lot of people expressing their personal experience of a service given. When someone writes a review of a film or a meal or fills out a costumer service slip at coles, just because the review is not positive doesn't mean it's defamatory. In most cases it is just considered someone's opinion, unless of course your Mel Gibson Smiling

To write about your own personal experience I think is completely legitimate. The real issue here is if someone has the money and the threat of legal action to muscle people's personal experiences out of the arena. I think the thread was a threat because of the shear volume of personal attributions, also because this site is considered a respected source of infomation between creators.

Cassie Dart
Actor-Writer-Director

www.fixedpoint.com.au


 06/11/2006 - 21:07 Grant Malcolm Damned if you do...
bulldust
Author: Strangejuice
Date: 06/11/2006 - 22:49
Strangejuice's picture

I highly doubt anyone is going to be "sued" here. It would only bring more unwanted attention onto the agency. What I am seeing here is paranoia at it's highest.

It isn't easy to sue someone for defamation. They have to prove that it was deliberate, malicious, untrue with intent or agenda to sabotage their business.

Let's everybody start getting a bit realistic here and a little less stuck in TV land.


 07/11/2006 - 07:33 Grant Malcolm Dusted
 09/11/2006 - 13:53 Paul Mclaughlin On the subject of free speech.
bang
Author: Strangejuice
Date: 09/11/2006 - 17:01
Strangejuice's picture

Come on guys

Nothing a shotgun wouldn't fix


I was wrong
Author: Logos
Date: 10/11/2006 - 13:59
Logos's picture

I shot my mouth off without checking the faulty memories of a twenty year ago course. Yes we do have a written constitution although apart from a few long ago repealed remarks about Indiginous Australians it says nothing about the relationship between the governed and the governors.
Should it? I think it should and if we do become a republic I hope our new constition will contain some sort of Bill of Rights. It seems to be becoming more important every day.
Stinger: I would love to engage in a debate with you one day about whether or not the Magna Carta is a constitution. I don't beleive it is. It was a document designed to preserve the powers that a mob of fuedal Barons didn't want to lose. It started England on the road to a constitutional monarchy because it actually curtailed and defined the powers of the king but if Simon De Montford had realised he was establishing the beginnings of democracy and power for the people he wouldn't have been happy.
Paul: Yes Corporations and other legal entities are limited in their ability to claim defamation but they can and they can win. The Maclibel case in England is a case in point even though MacDonalds were awarded the "lowest coin of the realm" as damages. A great number of legal entities have also successfully sued "Private Eye" magazine in the UK. In fact doesn't everyone who sues Private Eye win?
In addition to legal entities it can also be very difficult for certain public figures to successfully sue for defamation as the court can decide that it would not be reasonable to assume that people believed the defamation to be true. Pat Robertson versus Larry Flint in the US was a case in point. An evangelist was portayed as having sex with a stranger in a barn in an advert in Hustler Magazine and the court decided that it was unreasonable to assume that people believed the portrayal so therefore damage in the form of "shun and avoid" could not be proven.
The point that very little on the original thread was actually defamatory was lost in all this. Some of the remarks were down right unpleasant and insulting like the other thread about dance schools. but not much was defamatory.

Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au


 14/11/2006 - 18:12 Infinity (not verified) Wow.
Curious
Author: Labrug
Date: 15/11/2006 - 08:30
Labrug's picture

Someone would appear to be voting down some of these postings. This one isn't that bad at all. quite factual.

I wonder who could be doing that?

Absit invidia

Jeff Watkins
Perth based Actor/Performer
who can also sing and dance
Fight/Sword Choreographer
Virgin Director
UPstageWA Rep

Home Page


HAAAAA, best comment i've
Author: homerj
Date: 14/11/2006 - 19:01

HAAAAA, best comment i've read strangejuice!!!

i can accomodate, how about a trg42 .338 lap for example?


 14/11/2006 - 22:47 Strangejuice Harden up
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