Australia

   

Diagonal Accountability

#27
Key Findings
Australia falls into the bottom ranks (rank 27) with regard to diagonal accountability.

Australia has long had a lively media landscape, with internet platforms and social media greatly expanding the number and range of broadcasters. Private operators are independent of government, while public broadcasters receive state funding but are operationally independent.

Recently passed public security laws impinge on media freedom, but there is no evidence of censorship or self-censorship. Concentration in the broadcast and newspaper markets poses obstacles to representing all political perspectives.

Civil society organizations (CSOs) can form and express opinions freely. Some jurisdictions have begun cracking down on demonstrations that are “disruptive,” especially climate protests. Government attention to CSOs varies depending on the governing party. Labor influence has waned in recent decades.

Media Freedom and Pluralism

#26

To what extent are the media free from government influence and able to act independently?

10
 9

There are no disincentives, by law or in practice, for the media to criticize the government and public officials.
 8
 7
 6


Existing disincentives, by law and in practice, pose no significant obstacles to the media in criticizing the government and public officials.
 5
 4
 3


Existing disincentives, by law and in practice, pose some significant obstacles to the media in criticizing the government and public officials.
 2
 1

Existing disincentives, by law and in practice, pose various significant obstacles to the media in criticizing the government and public officials.
Free Media
7
Australia has traditionally had a lively media landscape, with internet platforms and social media greatly expanding the number and range of broadcasters (BBC 2023). Private operators maintain significant independence from government, while public operators rely on public funding but are operationally independent.

Governments occasionally attempt to pressure the influential ABC into slanting agendas in their favor, but such moves are strongly resisted by the organization, bolstered by its high public standing (Muller 2019). Media experts suggest that reforms to make the appointment of the ABC Board and its funding stream less manipulable by governments would reinforce its independence.

Various pieces of recently passed legislation impinge on media freedom. The Anti-Terrorism Act 2005 allows for control orders to restrict freedom of speech for individuals and the media (Murphy 2019). The National Security Legislation Amendment Bill 2014 restricts the ability of journalists to report on secret intelligence operations, allowing for up to 10 years of jail for exposing errors made by security agencies. In addition, the Data Retention Act makes it almost impossible for journalists to protect government sources. The Foreign Fighters Act potentially criminalizes media reports covering militant extremists, and the most recently passed measure, the Foreign Interference and Espionage Act, significantly broadens the scope of information defined as “classified.” Federal police raids on journalists’ homes and media offices have highlighted these issues, prompting a concerted campaign by journalists and media organizations for legislative changes to protect media and whistleblowers, with advocates arguing that the country’s democratic functioning is at stake (Meade 2021). In response to raids on a journalist’s home and the offices of the ABC, Australian newspapers appeared with blackened front pages in October 2019.

Despite these challenges, journalists generally work without significant government intimidation, and there is no evidence of censorship or self-censorship. Well-established norms of press freedom allow media platforms to criticize the government with legal protection. Threats to journalists (e.g., libel) are not uncommon but they are handled in a reasonably fair and peaceful manner through the legal process.

Citations:
BBC. 2023. “Australia Media Guide.” https://www.bbc.com/news/world-asia-15675260

Muller, D. 2019. “Australian governments have a long history of trying to manipulate the ABC – and it’s unlikely to stop now.” The Conversation. https://theconversation.com/australian-governments-have-a-long-history-of-trying-to-manipulate-the-abc-and-its-unlikely-to-stop-now-110712

http://www.theaustralian.com.au/business/media/call-to-scrap-security-laws-that-could-jail-journos/news-story/0b7b4d888751c0b11dc093ccb11c07bd

http://www.pressfreedom.org.au/press-media-alliance-freedom-report/introduction/foreword

Murphy, P. 2019. “The Public’s Right to Know.” Medium. https://pressfreedom.org.au/the-publics-right-to-know-3aee204f9036

https://freedomhouse.org/report/freedom-press/2015/australia

Meade, A. 2021. “Australia Needs to Strengthen Press Freedom Laws and Promote Transparency, Inquiry Finds.” The Guardian May 19. https://www.theguardian.com/media/2021/may/19/australia-needs-to-strengthen-press-freedom-laws-and-promote-transparency-inquiry-finds

To what extent is a plurality of opinions in the media ensured?

10
 9

There are no barriers, by law or in practice, to a pluralistic media landscape that represents all existing political perspectives in society.
 8
 7
 6


Existing barriers, by law and in practice, pose no significant obstacles to the media in representing all relevant political perspectives in society.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to the media in representing all relevant political perspectives in society.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to the media in representing all relevant political perspectives in society.
Pluralism of Opinions
5
Australia’s technologically advanced media system presents contrasting agendas and positions on many policy questions. However, heavy concentration in the media market poses significant obstacles to representing all relevant political perspectives. The influential public broadcasters, ABC and SBS, contribute significantly to the diversity of the media landscape. ABC raises and explores issues of general interest without advancing a partisan view, while SBS provides distinctive programming appealing to niche and minority interests based on taste, culture, or language.

A critical weakness in the media system is the heavy market concentration of the newspaper industry. News Corp controls nearly 60% of the market by circulation, raising concerns about its influence on elite politicians, political discourse, and access opportunities for other media outlets. Influential political actors, such as former Prime Minister Kevin Rudd, have called for measures to diversify media ownership.

In 2021, the government implemented a news media mandatory bargaining code requiring digital platforms, especially Google and Facebook, to pay news media companies for content they link to or display (ACMA 2022). This promotes media plurality by increasing the viability of a broader number of news media outlets. However, critics argue that the code does little for small and regional news media operators (Fisher et al. 2021). The value of payments from Google and Facebook under the code remains unknown due to confidentiality agreements.

Citations:
ACMA. 2022. “News Media Bargaining Code.” Australian Communications and Media Authority. https://www.acma.gov.au/news-media-bargaining-code

Fisher, C., McCallum, K., and Park, K. 2021. “Is the News Media Bargaining Code Fit for Purpose?” The Conversation https://theconversation.com/is-the-news-media-bargaining-code-fit-for-purpose-172224

Civil Society

#22

To what extent are citizens able to freely form or join independent political and civic groups, openly raise and discuss political issues, and assemble without restrictions?

10
 9

There are no barriers, by law or in practice to creating an engaged society and civil society organizations that are free to operate.
 8
 7
 6


Existing barriers, by law and in practice, pose very few or no significant obstacles to creating an engaged society and civil society organizations that are free to operate.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
Free Civil Society
7
Australia has a long history of civic activism, recently highlighted by the debate on The Voice referendum. Organized social movements have emerged on both sides of this debate, actively presenting their views, especially in urban areas.

The constitution and Australia’s political norms protect the rights of civil society organizations (CSOs) to form and express their views publicly, provided these do not constitute hate speech. Recently, governments throughout the federation have strengthened laws against hate speech and minority vilification, aiming to secure the public space for legitimate debate within acceptable conduct bounds.

While there is tolerance for peaceful protests that do not incite hatred or violence, there has been increasing intolerance in some jurisdictions for protests that are merely “disruptive.” For example, the South Australian government recently passed legislation significantly increasing the penalties for protests that cause traffic chaos (Prosser and Richards 2023). This law responded to pro-environment activism in Adelaide, increasing the maximum penalty for such protests from AUD 750 to AUD 50,000 or three-months’ imprisonment.

Civicus, the civic space monitor, rated conditions in Australia as “narrowed” in its most recent report (Civicus 2023). In 2018, conditions were rated as “open.” Concerns raised by Civicus include harsh treatment of whistleblowers, anti-protest laws clashing with international standards, and the willingness to arrest climate protesters (Civicus 2023).

Citations:
Civicus. 2023. “Australia: Protesters Face Arrest While Security Laws Are Putting Press Freedom at Risk.” Monitor. https://monitor.civicus.org/explore/australia-protesters-face-arrest-while-security-laws-are-putting-press-freedom-at-risk/

Prosser, C., and S. Richards. 2023. “South Australia’s Protest Laws Are Changing. Here’s How.” ABC News June 2. https://www.abc.net.au/news/2023-06-02/south-australia-public-obstruction-laws-explainer-/102418400

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Capital and Labor)
6
The formal rules of the Australian political economy permit CSOs to build strength through membership and fundraising, using those resources to shape public policies. Individuals’ registration and membership fees, and contributions to political parties and other CSOs, can be tax-deductible, incentivizing individuals to join and be active. Membership and activity levels fluctuate depending on the political agenda.

The political and policy influence of particular CSOs is highly dependent on the government’s identity and who it chooses to listen to. Parliamentary processes, such as inquiries during the lawmaking process, have become important forums for CSO access and influence. The most influential CSOs can receive attention from decision-makers through contacts in the executive branch and party structures.

The record of CSO influence across major policy areas is mixed. For example, there is evidence of government consultation with CSOs in the integrity domain in crafting recent laws to create a federal anti-corruption commission. Government officials exchanged ideas with academic researchers, anti-corruption policy experts, journalists, and industry professionals at the 2023 National Integrity Summit hosted by Transparency International (Attorney-General’s Department 2023).

However, the influence of CSOs in the contentious domains of asylum and immigration has been more muted, with both major political parties taking a hard line on these matters. Recently, the High Court struck down the law that allowed Australian governments to indefinitely detain immigrants who remained in Australia without a visa and could not be deported (Ghezelbash and Talbot 2023). Following this, the government swiftly introduced new legislation allowing for the detention of individuals deemed to be at “high risk” of committing serious offenses, imposing a test on non-citizens not applied to Australian citizens.

Regarding labor relations, trade unions have a long history of activism in Australian politics, policy, and society. However, their influence has waned as their membership base has continued to shrink over several decades (McAlpine and Roberts 2017). Factors contributing to this trend include changes in the economy’s structure, such as the decline of the manufacturing sector, and changes to industrial relations laws reducing unions’ capacity to recruit members and take workplace action. Notably, collective agreements reached by employers and unions apply to both union members and non-members, creating a free-rider problem where non-members benefit from union bargaining without incurring costs.

Citations:
Attorney-General’s Department. 2023. “The National Integrity Summit 2023.” https://www.counterfraud.gov.au/news/general-news/national-integrity-summit-2023

Ghezelbash, D., and A. Talbot. 2023. “High Court Reasons on Immigration Ruling Pave Way for Further Legislation.” The Conversation November 28. https://theconversation.com/high-court-reasons-on-immigration-ruling-pave-way-for-further-legislation-218699

Peterie, M., and Nethery, A. 2023. “What is the government’s preventative detention bill? Here’s how the laws will work and what htey mean for Australia’s detention system.” The Conversation. https://theconversation.com/what-is-the-governments-preventative-detention-bill-heres-how-the-laws-will-work-and-what-they-mean-for-australias-detention-system-219226

McAlpine, K., and Roberts, S. 2017. The Future of Trade Unions in Australia. Australian Institute of Employment Rights. https://www.aierights.com.au/wp-content/uploads/2017/02/Future-of-unions.pdf

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Social Welfare)
5
As noted for CSOs in capital and labor, the formal rules of the Australian political economy allow social welfare CSOs to build strength through membership and fundraising, using those resources to shape public policies.

The record of CSO influence across major policy areas is mixed. For example, there is evidence of government consultation with CSOs in the integrity domain in crafting recent laws to create a federal anti-corruption commission. However, the influence of CSOs in the contentious domains of asylum and immigration has been more muted. Following the High Court’s ruling against indefinite detention, the government passed new legislation in December 2023 allowing for the detention or “supervision” of immigrants convicted of serious violent or sexual offenses and deemed high-risk, a test not applied to Australian citizens.

Youth groups and multicultural societies have been influential, particularly in state policymaking, as shown by the development of several multiculturalism programs advancing the agendas of CSOs in this area (Jakubowicz 2023; Office for Youth 2022). However, many CSOs in this sector lack a strong and reliable funding base, relying on government grants to fund their operations and activities. This reliance on government grants constrains their capacity to advance their interests.

CSOs advocating for disadvantaged groups, such as the Australian Council of Social Service, are relatively prominent in public debates and have probably influenced policies in areas such as welfare payment levels.

Citations:
Jakubowicz, A. 2023. “A major review of the government’s multicultural policies is under way – what is it seeking to achieve?” The Conversation June 7. https://theconversation.com/a-major-review-of-the-governments-multicultural-policies-is-under-way-what-is-it-seeking-to-achieve-206983

Office for Youth. 2022. “Federal Budget Commits $10.5 Million for a New Youth Engagement Model.” https://www.youth.gov.au/news/announcements/federal-budget-commits-105-million-new-youth-engagement-model

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Environment)
7
The discussion regarding CSOs in labor, capital, and social welfare also applies to environmental CSOs. Major environmental CSOs are active, capable, and influential, but their influence is not consistent or guaranteed, depending on a favorable opportunity structure, particularly who is in power and how open or amenable they are to the CSO’s activism.

Environmental activism has seen long-term growth in civil society participation (Gulliver 2022). The number of environmental CSOs has increased, and they have diversified their focus on specific environmental issues or representing particular communities. This movement has been crucial in shifting the mainstream view on the importance of climate change and the need for government action to combat human contributions to global warming. However, their effectiveness was limited under the previous center-right Coalition Government. Their influence has become more discernible since the center-left Labor Party came to power in 2022.

Citations:
Gulliver, R. 2022. “How Australia’s Expanding Environmental Movement is Breaking the Climate Action Deadlock in Politics.” The Conversation June 9. https://theconversation.com/how-australias-expanding-environmental-movement-is-breaking-the-climate-action-deadlock-in-politics-183825
Back to Top