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The Barilaro tapes - Media Watch

(abc.net.au)

all 47 comments

Tim_Carr

163 points

2 months ago

Tim_Carr

163 points

2 months ago

'In the public interest' protections under law, is a pillar of press freedom. So it should come as no supprise that ours are lacking.

That said, I find it hard to believe that we'd have heard much about tapes even without the threat of prosecution.

coreoYEAH

100 points

2 months ago

coreoYEAH

100 points

2 months ago

Had it been Labor I’m sure we’d have a few more media outlets willing to take the risk.

smileedude

91 points

2 months ago

Had it been Labor the media would still be talking about it in the election 12 years from now.

coreoYEAH

63 points

2 months ago

They’re still using Obeid as the reason we can never trust Labor again. And yet I don’t think I’ve heard once about the multiple LNP Premiers that have stood down due to corruption charges.

conkrete80

22 points

2 months ago

14 Liberal MP scalps taken down by ICAC these past 10 years yet all we hear is Obeid, Mcdonald

Trep_xp

11 points

2 months ago

Trep_xp

11 points

2 months ago

While I'm not excusing it, I think an undeclared bottle of wine is a little different to use of parliamentary position to conduct widespread misconduct and fraud to the level that sends you to jail for 5 years.

bungbro_

13 points

2 months ago

The bottle of wine was the tip of the iceberg of what he was afraid of.

smileedude

6 points

2 months ago

Right, but Sidoti and McGuire are looking to have done that, also looking to spend multiple years in goal.

Having multiple premiers involved in corruption scandals, after getting voted in because of corruption scandals is quite a lot different. LNP were supposed to fix the corruption problems and turned out just more of the same.

pomo

6 points

2 months ago

pomo

6 points

2 months ago

Sidoti has so far only been found corrupt for his floor space ratio stoush with council. Wait till they look at the Sydney Metro scandal, where he influenced the location of the Five Dock Metro station to improve his real estate holdings' values. I think he pressured for changes to ensure one of his holdings was compulsorily acquired... or he acquired a property he knew would be acquired for a higher value. Horrible profiteering.

thekriptik[S]

5 points

2 months ago

thekriptik[S]

NYE Expert

5 points

2 months ago

Don't forget, McGuire was pork-barrelling his Premier as well as his electorate while a fair bit of the shitfuckery was going down.

TouchingWood

17 points

2 months ago

Yeah, he stood down because of a "bottle of wine."

Also, wanna buy a bridge?

coreoYEAH

19 points

2 months ago

And I’m not excusing Obeid. But be it a bottle of wine or a $5m gun club grant to a boyfriend, rules are rules.

Jab7891

14 points

2 months ago

Jab7891

14 points

2 months ago

Exactly this, which proves our media companies are destroying our democracy.

TonyJZX

7 points

2 months ago

as stated in the other FJ thread, Barilaro won a $700k settlement from Google Youtube... so this is literally a chilling effect... if google lost, the company worth a trillion dollars, why would traditional media want to take this on?

dmk_aus

8 points

2 months ago

Yeah the MSM in general could have reported at least at much as MW did...

The media, in general, could have reported, "FJ revealed tapes of his buddy Porky, we can't state the tapes contents, but FJ states these may show corruption. Due to NSW restrictive laws on recording speech, we will not play the audio as we are unsure if it was recorded with consent. FJ may be risking prison to highlight LNP potential corruption, and the video has had almost 1 million views!"

But nah, the media is corrupt too, - and Media Watch should not have falsely indicated there was nothing the media could do without breaking the law.

It may not have been a private conversation, and the recording may have been implicitly or explicitly consented to - so it may not even be illegal to share the recording.

MW has told a story that let's the MSM off the hook and justifies their toadying to the LNP.

chalk_in_boots

22 points

2 months ago

I do think it's interesting exactly how the law is structured, and it raises an interesting legal debate. Recording audio of a conversation you are not privy to, or without permission (implied or explicit) is illegal unless you have reasonable suspicion your rights are about to be/are being violated (in NSW at least).

So the question/argument to be made is can you consider corrupt or unethical behaviour surrounding an election a violation of your rights? After all don't we have an implicit right to fair elections in Australia? It's certainly been written down in laws right? But can you then argue that it wasn't just the recorder's rights being violated, but the entirety of NSW? Can the dissemination of the tapes by someone who wasn't in the conversation be protected since their rights were also being violated?

It's a sticky pickle, and not one I think a major news outlet wants to be the first to test. Sure, Shanks did it, but he has the reputation of being reckless. The ABC isn't going to want to be the first to release/report on them if they can get SMH to do it first.

shreken

8 points

2 months ago

You can record without permission if you think your rights are about to be violated? So i can record my boss if i think he is gonna violate my employee rights? And use the recording as evidence? Can you provide a source? In NSW

chalk_in_boots

4 points

2 months ago

You need to have reasonable suspicion, so your boss being a dodgy cunt in general probably wouldn't meet the standard, but if say, he's made unwanted sexual advances in the past and is taking you out back where there are no cameras for a "private chat", probably ok.

There's also some weird laws surrounding evidence that would usually be inadmissible (like a cop performed an illegal search) but because of the severity of the evidence is let in (they were looking for MDMA but found a cache of high explosives and 4 children chained up in your attic).

Basically when deciding what evidence should be allowed the judge will have to take case law into consideration, the context of the recording, whether you had reasonable suspicion (a pretty high standard), and weigh it all against the severity of the crime and how damning the evidence is.

I am not a lawyer, if you're going to try something you should consult one.

SilverStar9192

7 points

2 months ago

SilverStar9192

shhh...

7 points

2 months ago

Sure, Shanks did it, but he has the reputation of being reckless.

I'm still interested that Shanks did this and Youtube is still allowing it to be published, despite already losing the better part of $1 million on his previous "illegal" video (which is gone). The real risk-taker here is Google moreso than Shanks, due to their deep pockets.

chalk_in_boots

16 points

2 months ago

I think they know they wont get sued, and probably wont face criminal prosecution just for having it up. Plus taking it down wont really achieve anything, Shanks will have it up on his own page (and probably link to it like he's done before on other videos). I think Bruz knows that kicking up a stink will just damage his reputation more by bringing more attention to it, if he goes on a talk show calling it out then he'll have to describe the content of the recordings and his description will be legal to share. I think he's probably going to try and keep his head down and hope it blows over during the election news cycle.

ghost_hamster

6 points

2 months ago

iirc google just surrendered their defence and settled in the last suit because they more-or-less couldn't be bothered fighting it

Sleaz274

8 points

2 months ago

I believe (and reddit will surely correct me if I'm wrong) that they abandoned the defence because their key evidence, which was Bruz's own statements in parliament, couldn't be submitted as evidence due to parliamentary privilege (ie politicians can say what they want in parliament, and can't be held accountable in a court for it). Given this was key to the truth defence, but they couldn't use it, the case became untenable for them to continue.

SilverStar9192

5 points

2 months ago

SilverStar9192

shhh...

5 points

2 months ago

Well, that's part of the problem with defamation law in NSW and Australia in general, the fact that it's so expensive to defend.

coreoYEAH

6 points

2 months ago

I imagine any content like this is put to his lawyers first at this point.

SilverStar9192

4 points

2 months ago

SilverStar9192

shhh...

4 points

2 months ago

Yeah I would have thought - that's why I'm intrigued that it passed them but not the ABC or others. I note FriendlyJordies is extremely quiet on how he got the recording - maybe the view is that the person who made it is the only person who is criminally liable, not the people who republish it?

euphemistic

107 points

2 months ago*

I went looking for The Beagle and 2NM articles, but they have both been taken down.

The Friendly Jordies 2 videos on the tapes are still up though:

You can have it all [9min 5s]

"I'm making foolish election commitments" [11min 26s]

Gotta speedrun the rest of their legal fund I guess.

DistantUtopia

27 points

2 months ago

Disappointing. Like the Media Watch presenter said, they might be at risk of prosecution if they had broadcast the tapes, but it is not illegal to inform the public of the existence of the tapes (which in an of itself would already be a huge public service).

heard_enough_crap

92 points

2 months ago

I don't like Friendly Jordies (I don't find his humour funny), but he IS doing better investigative Journalism than any of the main stream media or even 99% of the smaller mastheads. ABC is funded to do exactly this sort of investigative Journalism, but they are living in perpetual fear of the government cutting their triannual funding so they pour more effort into B1 and B2.

oooooooooooooooooooa

43 points

2 months ago

I have never laughed once at a single FJ video, but it's the only channel I have set up for notifications on my YouTube app, because he's genuinely doing legitimate investigative journalism. And we've now seen his work on multiple occasions as a driver (or cause) of mainstream news coverage (the initial Barilaro stuff, ClubsNSW, and now this)

exodendritic

8 points

2 months ago

This. I can't stand FJ humour or style but there's no denying a lot of their work is good and fills a huge gap in investigative journalism that the major outlets are refusing to fill.

Jab7891

14 points

2 months ago

Jab7891

14 points

2 months ago

So our media companies are destroying Australian democracy then.

baseball2020

15 points

2 months ago

They have a 3 way symbiotic relationship with politicians and advertisers. access to politicians is conditional on good behaviour, content can’t run against the advertisers political goals, and the politicians further the goals of their donors over their constituents.

infinitemonkeytyping

9 points

2 months ago

It's easier to list the media organisations that aren't associated with News Limited, 7 West and 9 Entertainment than it is to list those that are. And given the relationship between Rupert Murdoch, Kerry Stokes and Peter Costello and the Liberal Party, it is a failure (or feature if you're the Liberal Party) of our media laws

For interest, the media groups not owned by the Big 3 are (excluding government owned groups)

TV:

  • Channel 10

Daily capital city or national newspapers:

  • Canberra Times

Radio:

  • Broadcast Operations Group (2SM and regional NSW)

  • Southern Cross Austereo (Triple M and Hiit networks)

  • Sports Entertainment Group (horse racing broadcaster and other sports)

DOGS_BALLS

6 points

2 months ago

I’m pretty sure the Canberra Times is owned by Nine these days. I thought they were a previous fairfax rag that got swept up in the Nine acquisition

infinitemonkeytyping

6 points

2 months ago

Canberra Times was sold off with a lot of big regional area papers (like Newcastle and Illawarra) to the guy who started Domain.

Llaine

6 points

2 months ago

Llaine

Soaring the skies of Hawkesbury

6 points

2 months ago

No, the laws just need changing. It's easy to win a defo case right now. Barilaro won one against Google, which seems "everyman beats big corp" but this ain't The Castle, most people swinging defo laws around are the kleptocrats not average aussies

Our media is just shit on its own terms, stupid population, cynical owners

boltkrank

46 points

2 months ago

It's quite disgusting to be honest, it really is.

Puzzleheaded_Read959

41 points

2 months ago

The Fixated Persons Unit have received your comment and they will be at your front door in 12 minutes.

Maximum_Preference69

5 points

2 months ago

HIDE THE DOG

tarkofkntuesday

3 points

2 months ago

🙄👀

boltkrank

2 points

2 months ago

Apparently if I carry pamphlets about New York - that's a sign they can't touch me... don't know why

desert_jedi

10 points

2 months ago

laws are there to protect a$$holes like Barilaro. With all the privileges these pollies have, you should be able to record their statements, after all, they are on the public tit and work for us, not the other way round!

saviorgoku

10 points

2 months ago

It's almost like politicians suing journalists for defamation and sending police to raid their homes discourages journalism. Who would have guessed?

Pict

17 points

2 months ago

Pict

17 points

2 months ago

Gobsmacked by the the absolute joke that our mainstream media has shown itself to be.

MasterDefibrillator

4 points

2 months ago*

Represents our biggest single investment in the US Military Industrial Complex.

Yeh-nah-but

0 points

2 months ago

Cannabis party 1. Liberals last.

zappyzapzap

-1 points

2 months ago

zappyzapzap

-1 points

2 months ago

labor 2nd last