Comments on: SA Electoral amendments and anonymity online http://nic.suzor.net/2010/02/02/sa-electoral-amendments-and-anonymity-online/ Nic Suzor's personal blog Sat, 31 Jul 2010 20:59:09 +0000 hourly 1 http://wordpress.org/?v=3.0 By: nic http://nic.suzor.net/2010/02/02/sa-electoral-amendments-and-anonymity-online/comment-page-1/#comment-12 nic Tue, 02 Feb 2010 07:15:27 +0000 http://nic.suzor.com/?p=327#comment-12 That's a good point Nigel; I guess my feeling is that to the extent that it only applies to mid- to large-sized media outlets, it's not a terribly pressing issue of power imbalance, at least no more so than the equivalent offline provision was. If this does extend to individual blogs and webpages, I think that there are serious threats to anonymous speech, and perhaps even a valid constitutional freedom argument. I'm just not convinced it does at the moment. That’s a good point Nigel; I guess my feeling is that to the extent that it only applies to mid- to large-sized media outlets, it’s not a terribly pressing issue of power imbalance, at least no more so than the equivalent offline provision was. If this does extend to individual blogs and webpages, I think that there are serious threats to anonymous speech, and perhaps even a valid constitutional freedom argument. I’m just not convinced it does at the moment.

]]> By: Nigel Stobbs http://nic.suzor.net/2010/02/02/sa-electoral-amendments-and-anonymity-online/comment-page-1/#comment-11 Nigel Stobbs Tue, 02 Feb 2010 07:01:24 +0000 http://nic.suzor.com/?p=327#comment-11 About "issues being submitted to electors" - WTF? ?The real problem with this offence creating provision is that it criminalises the right to make anonymous comment about government or opposition policy or campaign promises, during an election campaign. The right to free speech must be broad enough to allow for anonymity. Aren't there clear issues of potential power imbalance here between the person making the comment and those who are commented upon? Why stop here? Lets require names to be put on slips of paper in suggestion boxes, names to be put on bumper stickers containing political slogans - and while we're at it let's get rid of incovenient whistle blowers. About “issues being submitted to electors” – WTF? ?The real problem with this offence creating provision is that it criminalises the right to make anonymous comment about government or opposition policy or campaign promises, during an election campaign. The right to free speech must be broad enough to allow for anonymity. Aren’t there clear issues of potential power imbalance here between the person making the comment and those who are commented upon? Why stop here? Lets require names to be put on slips of paper in suggestion boxes, names to be put on bumper stickers containing political slogans – and while we’re at it let’s get rid of incovenient whistle blowers.

]]> By: David Jackmanson http://nic.suzor.net/2010/02/02/sa-electoral-amendments-and-anonymity-online/comment-page-1/#comment-10 David Jackmanson Tue, 02 Feb 2010 05:49:59 +0000 http://nic.suzor.com/?p=327#comment-10 Here's the trouble with this interpretation: Sure, you might get off if they charge you. *If* you have a lawyer who can make these arguments. How much research - and therefore money - is it going to take to define periodical legally? The whole definition of a blog is that it has dated posts; if I was an aggressive prosecutor I'd argue that every blog is by definition a periodical and use the fear of being taken to court cut down on anonymous comment. I hope this bad law is defied by others. I'm doing my bit - the http://savotes2010uncensored.wordpress.com blog will accept anonymous comments about the SA election during the election period. Here’s the trouble with this interpretation: Sure, you might get off if they charge you. *If* you have a lawyer who can make these arguments. How much research – and therefore money – is it going to take to define periodical legally? The whole definition of a blog is that it has dated posts; if I was an aggressive prosecutor I’d argue that every blog is by definition a periodical and use the fear of being taken to court cut down on anonymous comment.

I hope this bad law is defied by others. I’m doing my bit – the http://savotes2010uncensored.wordpress.com blog will accept anonymous comments about the SA election during the election period.

]]> By: David Jackmanson http://nic.suzor.net/2010/02/02/sa-electoral-amendments-and-anonymity-online/comment-page-1/#comment-9 David Jackmanson Tue, 02 Feb 2010 05:20:27 +0000 http://nic.suzor.com/?p=327#comment-9 Here's the trouble with this interpretation: Sure, you might get off if they charge you. *If* you have a lawyer who can make these arguments. How much research - and therefore money - is it going to take to define Here’s the trouble with this interpretation: Sure, you might get off if they charge you. *If* you have a lawyer who can make these arguments. How much research – and therefore money – is it going to take to define

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