Law Commons^™

Censorship And Free Speech In Scientific Controversies, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Many publicly debated issues have implications for health, including smoking, pesticides, food additives, seat belts, fluoridation, vaccination and climate change. Campaigners on such issues use a variety of methods, including presenting evidence and arguments, denigrating opponents, lobbying and organising protests. In some cases, campaigners seek to censor opponents, most commonly on the grounds that their views are false and dangerous. To probe rationales for censorship, recent events in the Australian public debate over vaccination are examined. A citizens' group critical of vaccination has come under heavy attack, with pro-vaccination campaigners and politicians trying to shut down the group and restrict …

The Streisand Effect And Censorship Backfire, Sue Curry Jansen, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Barbra Streisand's attempt to restrict online views of her residence on a public website had the paradoxical effect of leading to many more views than if she had done nothing. Subsequently, attempts at censorship that end up being counterproductive have been dubbed the "Streisand effect." To better understand the dynamics of the Streisand effect, we examine five tactics used by censors to reduce outrage from their actions: (1) hiding the existence of censorship; (2) devaluing targets of censorship; (3) reinterpreting actions by lying, minimizing consequences, blaming others, and using benign framing; (4) using official channels to give an appearance of …

Sex, Censorship And Media Regulation In Japan: A Historical Overview, Mark Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

Over the past several decades alarmist reports about the supposed dangers of the sexualised nature of much Japanese popular culture have regularly featured in the English-language press. It has been claimed that Japan is 'awash' in all kinds of pornography, including child pornography (Larimer 1999; Fallows 1986: 38) and that insufficient attempts are made by the authorities to properly regulate the expression of sexual matters. A major concern of such reporting has been the supposed 'dark side' (McGinty 2002) of the manga (comics) which are ubiquitous in Japan and, since the 1980s, have become popular with young people worldwide. International …

New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

The widespread take-up of Internet technologies from the mid-1990s has proven challenging to nation states that seek to limit access to ideas, information or images that the political class considers dangerous or inappropriate for the general population. As a largely deterritorialized technology, the Internet allows access to material that circumvents national legislatures and ignores local ratings systems and in so doing facilitates all kinds of inter-cultural and transnational flows of communication. Different countries have different sensitivities regarding the kinds of material that should not be freely available to their citizens and although the entry of such material is closely scrutinized …

Book Review: The Art Of Censorship In Postwar Japan. Studies Of The Weatherhead East Asian Institute. By Kirsten Cather, Rowena G. Ward

Faculty of Law, Humanities and the Arts - Papers (Archive)

The practice of censorship is a divisive issue that is often justified on moral reasons rather than aesthetic or legalistic ones. It is perhaps because of the claims to morality rather than to the law that it is relatively rare for censorship (or more accurately in Japan’s case, obscenity) to be the subject of criminal trials. Yet, in Japan, from the occupation years through to the present day, there has been on average one high profile censorship trial per decade. In The Art of Censorship in Postwar Japan, Kirsten Cather considers seven such censorship trials held between the 1950s and …

Deadly Censorship Games: Keeping A Tight Lid On The Euthanasia Debate, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

TALKING ABOUT DEATH AND DYING - Why don’t we talk about death and dying? We can choose so many of our life experiences, but it seems we can have no say in whether we die in pain or at peace. Today we look at the Australian government’s efforts to suppress discussion of euthanasia.

There’s plenty of information available on how to kill yourself violently, so why does the Australian government so vigorously censor information on peaceful methods?

Voluntary euthanasia societies have long been pushing to legalise death with dignity. According to opinion polls, a strong majority of Australians support legalisation, …