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Taxation Dysfunction

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We’re all familiar with the dictum, “In this world nothing is certain but death and taxes.” But Will Rogers also astutely observed, “Yes, and the only difference between death and taxes is that death doesn’t get worse every time parliament sits!”

The first thing to say about taxation is that we need less of it, not more.

Last week’s budget made it clear the government does not have a revenue problem – soaring iron ore, coal and natural gas prices are set to add $58 billion to tax revenue over the next four years. However, it does have a spending problem, with deficits predicted from here to eternity.

To address this, economists, businesspeople and, of course, State treasurers, kicked off the debate by proposing to raise and/or broaden the GST. Economic considerations aside, why the Commonwealth would even consider such a proposal is laughable. The Federal Government would bear all the pain and the States would enjoy all the gain – which they would no doubt spend as extravagantly as they do with existing GST proceeds.

Aside from the political reason, there is the simple economic reason:  a lift in the GST rate, or a base-broadening change, would simply give State governments more of our money.

Treasury officials, economists and business people will of course respond by saying they are not looking to raise more revenue, they just want to raise more from the GST and then offset that by reducing other taxes. But as occurred when the GST was originally introduced, by the time you have compensated everybody who says they will be worse off, you are left with only a portion of what the GST increase will raise. The result, as it was in 2001, would be a higher level of expenditure, a higher level of taxation, and no reduction in other taxes. This has been the experience with consumption taxes around the world.

It goes without saying that attempts at tax reform in Australia in the past have been disappointing.  The introduction of the Goods and Services Tax in 2000 resulted in a big increase in tax revenue – it will generate $80bn this year – a sum that was beyond the wildest imagination of even its most enthusiastic proponents back then. Getting the States to abolish many of their taxes, as they had promised to do as part of the GST introduction package, has, to say the very least, been problematic.  

One of the main problems is the fact that 70% of local, State and Federal taxes are spent on salaries.  It’s no wonder we haven’t seen a new reservoir built in 50 years.  And of that 70%, less than half is spent on essential services like nurses, teachers and police. As we know, whenever cuts in government spending are called for, politicians respond with “well how many nurses, teachers and police would you like us to cut?” They rarely ask how many media advisers you would like them to cut.

Presently, the Commonwealth raises around 80% of all taxation revenue in Australia, leaving the States with just 20% to fund their responsibilities. That 20% is less than half the revenue needed to fund State Government services. The balance comes from Commonwealth grants, many of which have conditions attached.

Fairly obviously, federal fiscal arrangements are dysfunctional.

As for tax law, the sheer quantity and ever-changing content of tax legislation has undermined its credibility.

One leading tax barrister described Australia’s tax laws as ‘unintelligible’.

It is practically impossible to know what the law is and what it means., and the High Court now seldom grants leave to appeal in federal tax cases, virtually giving up hope of ensuring the tax system remains subject to legal principles and normal adjudication methods.

Before the First Uniform Tax Case in 1942 the legislation occupied just 81 pages. It is now over 10,000 pages, (20,000 if you include fringe benefits tax, capital gains tax and superannuation provisions). If that’s not a recipe for dysfunction, it’s hard to know what is.

Libertarians And Conservatives: Similar But Different

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In Australia, conservatives and libertarians tend to get along.  Neither has sympathy for the woke, neither declares their pronouns, chooses their gender, or seeks to cancel those with whom they disagree. They both believe in things such as equality before the law, the presumption of innocence, parental responsibility, religious freedom and democracy. Indeed, some conservatives tend to think that libertarianism is merely conservatism under another name. 

That is not the case though; libertarianism and conservatism originate from quite different places. It is worth understanding those places so that when they do diverge, it is not unexpected. It also helps those who are unsure of their own position.

Libertarianism is a political philosophy based on individual freedom. Before the Americans corrupted the word it was once synonymous with liberalism, but now it’s also known as classical liberalism. Some people prefer to call themselves classical liberals to avoid being mistaken for members of the US Libertarian Party, but there is no difference. 

John Locke. Early Enlightenment philosopher who advocated for the right to “Life, Liberty and Estate”

The origins of libertarianism can be traced to the Enlightenment philosophers, particularly John Locke, and to John Stuart Mill’s harm principle, which says that people should be free to act however they wish unless their actions cause harm to somebody else.

Conservatism is not a political philosophy but a preference for the status quo. Edmund Burke described it as an “approach to human affairs which mistrusts both a priori reasoning and revolution, preferring to put its trust in experience and in the gradual improvement of tried and tested arrangements.”

That it is not a philosophy can be seen from the fact that in the former Soviet Union, those who lamented the fall of communism (the status quo at the time) were also conservatives. Obviously, in that case they had nothing in common with libertarians.

John Stuart Mill. Philosopher who conceived The Harm Principle

Libertarians tend to have a view of what an ideal society should be: one in which the government is kept small and limited to a narrow range of functions, such as national defence, criminal justice and the protection of private property, with everything else subject to free markets. Conservatives might acknowledge some change is justified at the margins, but they generally regard current institutions as worth preserving. Libertarians advocate low taxes; conservatives oppose increased taxes. If it ain’t broke don’t fix it, is a conservative sentiment.

“Taxation Is Theft”, a libertarian idea. “No Tax Increases”, a conservative idea.

Where coercion is involved, the two can part company. This was illustrated by the debate over same sex marriage. Libertarians supported the change because it removed state intrusion from the choice of a spouse. Conservatives resisted the change on the grounds that marriage is a longstanding and revered institution.

It is similar with illicit drugs. Conservatives tend to disapprove of them and are happy they are prohibited. Libertarians argue that, although they might disapprove of them, it is a matter of personal choice unless others are being harmed (and concede that can occur in some circumstances).

Libertarianism and conservatism originate from quite different places.

Conservatives and libertarians generally agree that personal choice can be important. Libertarians support it in principle (the nanny state is anathema to them) while conservatives support it because it is the status quo.  But this disguises a significant difference: libertarians believe personal choice is never the government’s business unless others are harmed, except for those unable to take responsibility for their choices (eg children). Conservatives believe some people make poor choices and may need saving from themselves, or that certain choices lead to additional cost to our socialised medical system (which is the status quo). This can lead to different positions on issues like drinking, smoking, gambling, sugar and bicycle helmets.

Things get interesting with firearms. Obviously, these have the potential to harm others if misused, but that is true of other things. For libertarians, the problem is that gun control invariably only applies to civilians, not the police or military. Laws are ultimately enforced by people with guns. As the saying goes, when government fears the people there is liberty, but when the people fear the government there is tyranny.

Conservatives tend to have a more benign view of government and are reluctant to concede that it might ever be necessary to fight against or overthrow it by means other than elections.

Of course, there are libertarians who take a conservative approach on some issues as well as conservatives who have libertarian tendencies. Upholding principles can be challenging. It is easy to rationalise spending other people’s money on something close to your heart.  

Conservatives tend to have a more benign view of government.

It is nonetheless a good idea for both libertarians and conservatives to periodically consider the reason for their views. Are they based on principles, or do they reflect a preference for the status quo? Are they consistent or hypocritical?

Libertarianism and conservatism are different, though they have much in common. But libertarians and conservatives also need each other, so understanding each other is important.

The Iron Curtain Draws Across The West

The Iron Curtain referred to the boundary separating the Soviet Union and some European countries from the Western world. It became not just of a physical border but a symbol of the ideological distinction between communism and liberal democracy.

As is well known, the Soviet regime was authoritarian and repressed individual freedoms such as freedom of speech, freedom of assembly and freedom of religion. In fact, all aspects of life were controlled by the Communist party.

The Soviet regime was the very definition of authoritarian

We can draw comparisons between current restrictions on free speech in the West and the suppression of free speech in the Soviet Union.

Often the first sign of a society moving down a totalitarian path
is the imposition of restrictions of freedom of speech.

The Soviet government heavily restricted media including print, radio and television. All were state controlled and heavily censored to ensure they were not critical of government. Currently the West is imposing restrictions on certain kinds of speech, such as speech considered discriminatory or harmful to certain groups. There are also rules against “disinformation” and “misinformation” and attempts to limit speech that is deemed to be false or misleading.

Media Censorship

Western governments have been accused of controlling and pressuring media to report on public interest matters to suit a particular narrative. We have witnessed this during the Ukraine conflict. The European Commission silenced Russian state media outlets Russia Today (RT) and Sputnik and prohibited European Union operators from broadcasting any of the content of RT and Sputnik. This move is reminiscent of the Soviet governments radio jamming during the Cold War, where transmissions of Western radio stations were blocked to “protect” Soviet citizens from Western “propaganda”.

This move to block Russian state media coverage of the Ukraine conflict was criticised by the European Federation of Journalists as “disproportionate and arbitrary interference by the EU with the right to freedom of expression and information regardless of frontiers as protected by Article 10 ECHR and as a denial of the freedom of the media as guaranteed by Article 11 of the EU Charter of Fundamental Human Rights”. (Dirk Voorhoof, Human Rights Centre Ghent University).

Surveillance

Another control tactic used by the oppressive Soviet regime was surveillance. The KGB monitored all forms of communication and utilised informants who reported dissenters.

Social media giants such as Facebook, Twitter and Google not only censor content that is considered inappropriate or offensive, but also gather data on their users which can be used to monitor and influence their behaviour. Such forms of surveillance can be used to suppress and silence dissenting views. The tech giants have been accused of suppressing the free speech of those with whom they disagree, particularly conservative or right-wing commentators.

Punishment

The Soviet government punished those who criticised or opposed the state with punishments including torture, forced confessions and the deprivation of liberty in gulags.

We have seen people in Western countries punished for speaking out against the government including journalists such as Julian Assange and whistle blowers. Punishments include imprisonment, de platforming and cancel culture.  Social media companies also punish users who violate their policies by suspending or banning accounts, another method to silence voices who do not support the government narrative.

Julian Assange. His ongoing detention without trial is illiberal.

Libertarians recognise the importance of freedom of speech as a bedrock principle of democracy and do not seek to limit the speech of others. In a free and democratic society, the media is supposed to operate independently of government control, to inform the public about matters that are in the public interest, and to hold governments accountable.

One must ask why our governments censor information and limit access to information. Regarding the Ukraine conflict, the government and media are displaying their contempt toward citizens in not allowing them, as free-thinking human beings, to decide for themselves which information they will consume and what conclusions that they will draw from that information. There is only one narrative that they will allow – the one that they control. Is the West drawing a digital iron curtain?

Soviet journalist, dissident and former political prisoner Alexander Podrabinek wrote that “Free speech is what digs the grave for despotism, while suppression of free speech is the trademark of dictatorship”. (Totalitarianism and Freedom of Speech, 24 June 2014, Institute of Modern Russia). Podrabinek went on to argue that the collapse of totalitarianism always began with the assertion of freedom of speech.

The Soviet regime’s suppression of free speech had a terrible effect on its citizens and is viewed as one of the most oppressive regimes in modern history. But brave freedom fighters spoke out against the regime, circumvented restrictions on radio broadcasting and other methods of control, and eventually the Soviet Union collapsed.

Freedom begins with free speech and the free exchange of ideas. It is vital to our democracy. We must remain vigilant against the creep of totalitarianism to protect our personal freedoms. We must continue to use our voices individually and collectively to push back against any attempt to curtail our right to free speech.

Betrayal for Bucks: A Seduction Story

If Foreign Interference is still a strange concept for laid-back Aussies, we will all soon be familiar with it – directed, supervised or financed foreign meddling and, unfortunately, citizens who knowingly assist with such foreign meddling for various reasons.

The most common reason, of course, is financial benefits. And the most rampant meddler is not Iran, or even Russia, but Communist China, a fact the Albanese Government refuses to admit. But they know. We also know. It is the elephant in the room.

Playing by the rules is not in the Beijing psyche. We can, therefore, expect more and more of these novel criminal charges to occur in Australia.

On 14 April 2023, Sydney man, Alexander Csergo, was charged with one count of ‘Reckless Foreign Interference’ by the Australian Federal Police (AFP) for allegedly selling sensitive Australian defence and economic information to the Chinese Communist Party.

Australian businessman, Alexander Csergo

That was the second time anyone had been charged with a Foreign Interference Offence in the country since the relevant legislation passed in the Australian Parliament in 2018. The first Australian charged with Foreign Interference, a Melbourne man with Vietnamese heritage, was reported in Liberty Itch in February 2023.

A savvy Australian entrepreneur, a UNSW graduate, Mr Csergo, aged 55, had taken cash payments from the CCP proxies in exchange for his reports on Australia’s defence and trade matters, Sydney Court heard on 17 April 2023.

Mr Csergo was approached by two individuals via LinkedIn, calling themselves ‘Ken’ and ‘Evelyn’, who told Mr Csergo that they were from a ‘think tank’. They asked Mr Csergo to assist with their ‘research’ by providing information on highly sensitive national security matters to their make-believe research centre.

Mr Csergo was arrested at his Bondi NSW home on 14 April 2023

Magistrate Michael Barko denied bail for Mr Csergo, stating that the prosecution had a compelling case and the defendant was a “sophisticated, worldly businessperson” with flight risks.

According to court proceedings reported by The Australian Financial Review on 14 April 2023, Mr Csergo admitted that he knew the two individuals who approached him were from China’s Ministry of State Security.

The reports compiled by Mr Csergo included data on Australia’s AUKUS defence technology partnership, the QUAD, iron ore and lithium mining. They had been discovered by the AFP three weeks after Csergo returned to Sydney. Mr Csergo had been on the AFP radar since 2021, the court was told.

On 23 April 2023, The Guardian reported that Mr Csergo’s defence lawyer, Bernard Collaery, was requesting the Attorney General, the Hon Mark Dreyfus KC MP, to drop the matter before the court.

As libertarians, we may have conflicting emotions regarding these charges. While we advocate for personal freedom, privacy, and limited government intervention, we are also becoming increasingly aware of the growing threat posed by the CCP, as it aggressively abuses and exploits our open and ‘lenient’ democratic policy.

Liberty Itch has reported on numerous CCP influence operations in our institutions, including in Higher Education and Political Parties.

Without tough legislation in place, our freedom, sovereignty and the integrity of our institutions will be, if not already, in jeopardy.

As democracy loving liberals, of course, we presume Mr Csergo innocent until proven guilty. We also appreciate how important it is to have separation of powers between the executive and the judicial system.

Asking the AG to exercise his executive power to drop the prosecution is questionable to those who believe in the rule of law. This is a national security matter for all Australians and a matter of public interest.

In light of this, Liberty Itch earnestly hopes that the Hon Mark Dreyfus KC MP will continue to resist pressure from the defense lawyer which could obstruct the discovery of truth and the delivery of justice in our court.

Amidst the disappointments that we have held in recent times as a nation, I hope that we have not all completely lost our faith in the institutions that form the backbone of our society. Otherwise, we would only serve to amuse the manipulative Chinese regime that seeks to exploit our discord and disunity.

This Tax To GDP Rate Is Mind-Blowing!

With the Commonwealth Budget due to be presented later today, Australians should reflect on the words of Winston Churchill, who wisely observed that “there is nothing government can give you that it hasn’t taken from you in the first place.”  Such clarity seems missing from our contemporary economic and public finance debates.

There is a myth, even an attempt at deception, perpetuated by the tax and spend industrial complex that Australia is a low tax jurisdiction.  (Hint – it’s not).  And, based on this myth, that there is capacity for further tax rises in Australia to fund existing and new programs.  (Hint – there isn’t).

In its recent report titled ‘Back in Black?’, the Grattan Institute presented a chart and commented that “Total tax collections across governments in Australia represented 28 per cent of GDP in 2019, about 5 percentage points lower than the OECD average of 33 per cent”.  The clear implication is that there is capacity for government to increase (tax) revenues.”

Sadly, for Australian taxpayers, this is not an accurate representation.  Once other State, Territory and local government receipts are added, Australia’s tax to GDP rate represents approximately 36 percent.  When further adjusted for superannuation contributions, as other countries tax for social security, then Australia’s effective tax to GDP rate is approximately 40 percent.  Significantly above the OECD average.

Add in the hidden taxes imposed by the massive and highly complex regulatory and compliance edifice that is pushed onto the private sector, and Australia’s tax to GDP rate starts to look very Scandinavian.  But without the competence and efficiency of the Scandinavian public sector.

Those advocating for more taxes to fund more spending seem blind to the consequences.  The more national resources are transferred from production to government and quasi-government activity, the lower will be productivity and economic growth.  Given the MASSIVE expansion of government in Australia over the past 20 years, it should surprise no-one that GDP per capita is flat to declining.  Just at the Commonwealth level, spending as a percentage of GDP has increased from about 18 per cent in 1972 to about 23 per cent in 2000, to just under 28 per cent in 2020.

What is required is a fundamental assault on Government spending, not new schemes to increase taxes. 

It can start at the Commonwealth public service which has a workforce of over 250,000 public sector employees, despite the vast majority not providing front line services.  That includes 10,000 employees within the Departments of Education and Health and Ageing  Departments, which do not operate a single school, university, hospital or aged care facility.

The wages and salaries of Commonwealth public sector employees totalled $24.5 billion in 2022 and would increase by $5 billion if the CPSU’s claim for a 20 percent pay increase is successful.

All eyes on team Chalmers and Gallagher today

Treasurer Jim Chalmers and Finance Minister Katy Gallagher need to embrace the legacy of Paul Keating and Peter Walsh and undertake the hard but necessary work to bring Commonwealth Government spending back under control.  Better yet, they should learn the expression Just Say No.

When The Government Stops You Working

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According to the market research company Roy Morgan, there are almost 2.8 million Australians who either want a job or would like more paid work.

Those 2.8 million people are all missing out on a better standard of living, and those who are unemployed are also missing out on the well-known benefits of having a job: self-esteem, purpose and support.

This is at a time of historically low unemployment. Employers are desperate for workers and many businesses have restricted their activities due to a lack of staff.

Under-capacity businesses need staff. Yet policy stops people working.

Two of the main contributors to this high number are the minimum wage and pension rules. Both are government policies and neither side of politics has any interest in changing them.

The minimum wage issue strikes hardest at those with low employment skills. People just out of school, just out of jail, low literacy, sole parents and refugees, for example. No matter how poor their resume or how willing they are to accept a job, they can only be employed if they are paid the minimum wage, currently $21.38 per hour (but considerably higher for irregular hours and casual positions).

It is against the law to offer them a job that pays less than the minimum wage, even if it is well above the $5 to $10 an hour they receive on welfare.  Yet paying them the minimum wage plus various on-costs makes no economic sense for most employers.

Before he entered Parliament and became a Minister in the Labor government, Dr Andrew Leigh was a professor specialising in labour economics. He found that reducing the minimum wage in Western Australia by ten percent would increase employment by around three percent within three months. 

Dr Andrew Leigh. Assistant Minister for Competition, Charities and Treasury.

In a separate study, Dr Leigh found that most people on the minimum wage are in middle income households.  By contrast, low-income households are typically in that position due to unemployment. A reduction in the minimum wage, by creating employment, would help them the most.

Other studies have shown that most people on low wages move on to higher wages after about a year.  In other words, low wage jobs are an opportunity for people to start at a bottom rung and work up. But with the minimum wage so high, many cannot even reach the bottom rung and begin to climb.

It is a peculiarly Australian problem: Australia’s minimum wage is now the second highest in the world. Australians start paying income tax once their annual income exceeds $18,200, but they are not allowed to get a full-time job unless it pays more than $39,000 a year. 

Another major barrier to both getting a job and working longer hours is the limit on earnings of those receiving age and disability support pensions or carer payments. The Institute of Public Affairs has recently done some research on this.

It found that whereas only 3 per cent of pensioners work in Australia, 25 per cent work in New Zealand. The reason for the difference is that in New Zealand, all income including the pension is taxed at normal income tax rates. There is no reduction in the pension.

In Australia, pensioners are only permitted to earn up to $190 a fortnight ($336 for couples) before their pensions are reduced by 50 cents for every dollar earned above that.  A pensioner with a job would not only pay income tax on their wages, but also lose a major chunk of their pension.

The effective tax rate can easily reach two-thirds.
Not surprisingly, most consider it not worth the effort.

And yet, pensioners who work would not only top up their income but also remain engaged in the community and pay tax on their wages.

At a time when the country is desperate for workers, this is a genuine tragedy. Instead of making it easier for those 2.8 million Australians to fill the vacancies, the government is opening the immigration floodgates. For some people, low incomes are compulsory.

The Libertarian Problem of Deepfakes

AI is constantly promulgated as either being our new potential best friend or Terminator-style singularity-based doom. To an IT expert with a law degree, the responses of the law seem to be lagging in relation to AI generated creations, particularly in relation to deepfakes.

A deepfake is a product where any image and/or voice is substituted for any other image and/or voice. The images can be either still or moving – the format is not a concern: the concern is the output which may either purport to be fake or which may play off as being real. Either way, the product is not a genuine representation of the individual who is represented.

A further problem is that even an artificially created face can sufficiently resemble an individual such that they might perceive that they are being represented. Presently, artificially generated faces are taken by “averaging” the images of many people, but those artificial faces themselves can nevertheless resemble real people very closely. Having been mistaken for other girls/women multiple times (especially one of my own distant cousins who alarmed a law professor when he found out we were not the same woman), I’m very conscious of how only a slight degree of similarity is required to evoke the image of a person.

The problem of deepfake porn
For most publication inventions, including the printing press, their first uses was the Bible and the second was pornography. Deepfakes, however, was one of the first that genuinely went the other way and headed straight to pornography. Defenders of deepfake pornography argue that it should be permitted, because it is often labelled as a deepfake and that the women (because it is usually women being abused) complaining about their faces being overlaid on deepfake porn are not actually being non-consensually touched. Their argument continues that it is no different to people imagining in their minds (the individual being faked) being in that sexual situation, and that there should never be any laws that impinge upon individual’s imagination, because that amounts to totalitarian thought control.

Whereas I can agree that there should not be laws that prevent people from imagining whatever they wish to imagine within the confines of their own minds, the difficulty that I have with their argument is that the person being faked cannot experience what another individual is imagining and is not subject to images that they may have in their mind. I can see why people are entirely permitted to write fanfic and can reduce their (sometimes disgusting) desires to writing, but I would argue that there’s a more visceral response to witnessing someone abusing what appears, even superficially, to be your body than there is to reading about someone abusing your body. When reading a literary work, a lot of the action and visual description of the action is left to the imagination. In comparison to a literary work, pictures or especially moving images are more immersive. Whereas I accept that individuals can be reasonably distressed by literary work pornography, I also understand that moving image pornography representing the individual (whether deepfake or by a lookalike) is going to have much greater impact, because humans who can hear see and hear (those who are able) are highly visual and aural creatures.

Existing Crimes that would protect against Deepfakes
Currently, in Australia we have laws that protect against stalking, harassment or causing “offence” using a carriage service (ie, telephone/the internet). It would be a novel case, but I believe that the “causing offence” component of a deepfake, whether it was a fake endorsement or deepfake porn, would be sufficient. I think that an “ordinary person” (the test) would be caused offence by seeing themselves or a loved one engaging in sex that they weren’t engaging in or representing products that they would not endorse.

The difficulty that people are discovering in relation to all IT law is that the police are not familiar with the technology and the prosecutors are unsure about jurisdiction, so matters such as this, although definitely crimes, are not presently prosecuted. With education, the deepfakes would be sufficient to be covered by existing laws regarding “causing offence”, but I suspect that the real problem in this regard will be police resources.

Note, I initially had strenuously objected to “causing offence” being included as a crime on the grounds that I did not imagine that “causing offence” was sufficiently criminal to warrant prison time, but in this context as opposed to the initial purpose of that law, I can see that it can be sensibly adopted for the context of deep fakes.

In relation to depictions of minors, any deepfake presenting itself as being a child in a sexual situation will be child pornography. Even an AI likeness of a child being subject to sexual situations will be child pornography, because the appearance of the age of the “person” engaging in the conduct is what matters, not their actual age. The laws in this regard are sadly seeing increasing use as minors depict other minors in sexual situations to cause them deliberate harm through “bullying”.

Existing Civil Remedies
The trouble is that police are already overtaxed by physical crimes and are certainly under-educated, so “self help” might be a quicker and more effective action. If someone were to get a court order, breaching that court order would be criminal, so a financial remedy and take-down order would go some way to vindicating a victim. The problem with this is that  only the sufficiently wealthy or connected are able to obtain a court order to shut down publication of an offensive publication.

Defamation may be one such law that would be able to be used in the context of deepfakes, because aligning someone’s persona with an activity that would be viewed as “seriously” injurious could be defamatory. People are not generally aware that we have both civil AND criminal defamation in Australia and that deepfake porn would, in my view, constitute both, because it would give rise to the inference that the person portrayed would engage in that activity before a camera. Stating that it was a deepfake would still not remove the “sting” of the defamation.

Another law that would address such action is the civil action of a person (including a company) engaging misleading or deceptive conduct/misleading endorsement. The difficulty in this law would be that often deepfake porn states directly that it is not the person that it purports to be, so there would need to be a decision of a higher court to the effect that a small disclaimer is insufficient to undo the misleading nature of someone’s face and/or voice being presented. Courts have, from time-to-time, ruled that weak disclaimers are insufficient to undo the confusion that would exist in the mind of a “consumer” (these are consumer protection laws) so there could be an avenue for a joint defamation/misleading deceptive conduct action.

Intellectual property, the laws that most people reach for when someone takes an intangible that they believe belongs to them, are unsuitable, because intellectual property protects the expressions of ideas that are created, it is not designed to protect things that are already in existence ­– such as the appearance of an individual. Even photographs have very limited protection under copyright (but the right is vested in the photographer, not the person photographed).

We recognise no tort of the right of privacy in Australia, so there is no applicable privacy law.

Conclusion

Despite deviating from my original libertarian views on protecting one’s likeness, the increasing existence of deepfake porn has led to me to conclude that the police should be educated and deepfakes that cause offence should be forbidden by criminal and civil law and properly investigated by the State. My reasoning, as above, is because deepfakes, although currently imperfect to the eyes of some, are sufficiently convincing to cause people considerable genuine loss and damage and significant anguish not only to the person being represented, but also to their family and friends, whether the person is alive or dead.

An Inflated Balloon And A Fish Market With Smelly Cash

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Reform of the Reserve Bank of Australia (RBA) has been in the headlines. The problem with the RBA however is not structural.  It is a failure by the members of the board to be able to adequately define “inflation”.

At the heart of all the angst is the statement made by the RBA Governor, Philip Lowe, in 2020 that he did not think interest rates would rise until 2024.  Interest rates have risen, of course, and mortgage payments have exploded as a consequence. It’s therefore not hard to see how this stokes anger in voter land.

Reserve Bank of Australia Governor, Phillip Lowe.

The Governor was not alone in making such forecasts. Most of the chief economists at Australia’s big four banks were making the same predictions. However, anyone with a basic understanding of what the word “inflation” really means knew these predictions were nonsense.

Inflation is simply the expansion of the money supply as a consequence of government debt and money-printing deficit-spending.

Think of the money supply as a balloon. When you fill it with hot air, the balloon expands. That’s inflation.

The result for you and I? Higher prices! 

Debt, printing money & deficits inflate prices (aka cost of living increases)

For example, interest rates – which is a fancy way of saying ‘the price of money’ – go up. So it becomes necessary for lenders to ensure the money they lend today and receive in the future does not lose its spending power along the way.

Why are higher prices an inevitable consequence of the expansion of the money supply? Because the money fabricated by the government bids-up prices by competing with the money earned through wages and profits in the private sector.

When there is more money in the system,
but not more goods and services,
prices inevitably go up. 

Consider the fish market for example. There is only so much fish at the market on any given day. If the government stands at the gate and hands $100 to everyone who enters the market, demand goes up, as people are willing to pay more with that extra cash in their hands.

Government artificially pump-priming a market with cash, inflates prices.

During covid, the government stood at the gate dispensing money freshly minted for it by the RBA in exchange for government bonds. We’ll get to government bonds in a moment. 

So did the RBA board not know about the nexus between the expansion of the money supply, price inflation and higher interest rates?  Or did they simply lie about the future of interest rates?

Inflation is toxic because it distorts price signals in the otherwise free market, creates malinvestment, enables “crowding out” (a topic for another day) and destabilises the economy.

It’s a favourite party trick of mine to show people the graph below from the RBA’s monthly chart pack. Note the alarming expansion in government bonds (see the grey area on the graph) the RBA accumulated on its balance sheet when the government issued bonds like crazy to fund its reckless spending during covid. There’s your inflation right there, Governor. It’s in your own data!

Anyone with a simple grasp of basic economics takes one look at that chart and draws the obvious conclusion that higher prices were coming soon.

“Global supply chains”“the war in the Ukraine”“yadda yadda”.  No! It was all the reckless debt-funded spending. They inflated the money supply and should have known that higher prices (and by extension higher interest rates) were inevitable in the short term, not way off in the future.

And just by the way, unions demanding wage rises are no more to blame for inflation as “greedy companies price gouging”. Pinning inflation on unions or businesses misses the point entirely.

Restructuring the RBA board will not solve the problem of economic ignorance. De-program aspiring board members of ‘Modern Monetary Theory’, ‘Keynesian Economics’ and other such nonsense. School them in microeconomics and Austrian school economics. Then RBA governance would not be in the news at all.

Little House On The Prairie: A Libertarian Story

I’m Gen X, born in 1968.

The 1970s and early 1980s were therefore my boyhood years.

We ran around the neighbourhood freely. We played. We invented. We imagined. We read. And if we were good, we were allowed to watch carefully-selected television shows broadcast according to a scheduled program published in the local newspaper.

7:30pm each Thursday was The Little House on the Prairie.

I loved it.

The Little House on the Prairie. 1970s TV Series.

Its morality tales of the hardscrabble settler life met with stoicism, of the vicissitudes of life on the land, of finding ways to make a living, of building a life no matter the difficulties to be confronted, of the similarly-resourceful neighbours in support, of barely a hint of government but the post office and occasional circuit-judge were amazing adventures for a youngster who’d grow to become a libertarian.

I’m not just talking of me. Actually, a real-life character of the books and TV series went on to be a mother of American libertarianism along with Ayn Rand.

Rose Wilder Lane was the daughter of Laura Ingalls Wilder, who wrote the Little House books. Lane was heavily involved in the editing and promotion of her mother’s work, and the two women had a close relationship. Rose is portrayed in the latter season of the TV series.

Rose Wilder Lane. Mother of American libertarianism.

Rose Wilder Lane’s political philosophy emerged later in life, though who could deny childhoods are formative. A prolific author herself, she abandoned lucrative fiction writing to explore political philosophy.

Lane’s essential belief was that individual freedom was the foundation of human flourishing, a libertarian precept. In her book The Discovery of Freedom, she wrote:

“The one essential condition of human welfare and
the happiness of the individual is freedom.”

She believed that individuals had a natural right to control their own lives and to pursue their own goals, without interference from the state.

She also focused on the importance of property rights, which she saw as a key component of individual freedom. Again, in The Discovery of Freedom, she wrote that “property rights are the most basic of all human rights,” and that they were necessary for individuals to control their own lives and make their own decisions. She saw government tampering with property rights as a violation of personal liberty.

Lane’s political philosophy piercingly advocated for free markets and competition. In Give Me Liberty, she argued that:

“The free-market system is the only one in which
people can cooperate voluntarily to achieve mutual benefits.”

She railed against price controls and regulation as harmful to economic growth and individual freedom.

Furthermore, Lane was a defender of personal liberty and freedom of speech. She believed that individuals had a right to think and speak freely, and that governments should not restrict academic freedom or freedom of the press. On these topics in Give Me Liberty, Lane wrote that:

“Freedom of speech, freedom of press, freedom of assembly,
these are not only constitutional rights,
they are natural rights, and the essence of liberty.”

Like the US Founding Fathers, Lane’s political philosophy was heavily influenced by the ideas of English philosopher and father of liberalism, John Locke. In this way, American conservatives seek to conserve liberalism and its philosophical child, libertarianism. Like Locke, Lane believed that individuals have natural or God-bestowed rights that pre-exist government, and that the role of government is to protect these rights. She also shared Locke’s emphasis on property rights and free markets.

In her essay Credo, Lane directly cites Locke’s work as an influence on her own political philosophy:

“John Locke laid down the principles of Americanism:
that government exists to protect individual rights,
that the government is the servant of the people,
and that man is entitled to his life, liberty, and property.”

Moreover, Lane saw her political philosophy as a continuation of the American founding tradition. In Give Me Liberty, she wrote: “I believe that Americanism means the recognition of the individual as the centre of all things, and that the government exists solely to protect the individual rights of the citizens.”

These are libertarian principles.

Maybe eeking-out a harsh life on the Minnesota and South Dakota prairies bred this libertarian. I’ve written before about flinty, rural, self-reliant types in the Adelaide Hills in Just Another Day Battling A Government Agency. It’s the same trait and worldview.

If you have Gen Z or Zoomer children and you’d like to prepare them for a life of resourcefulness, freedom and independence from the state, I recommend the Little House books by Laura Ingalls Wilder and the 1970s TV series. And when they are older, I recommend the writings of her daughter, Rose Wilder Lane.

Mother of the American libertarian movement.

14 Crackerjack Ideas To Revivify Education

It’s no secret our education system is one of many government institutions at breaking point. Our children are the ones who are suffering with student academic results showing a steady decline and an increase in youth mental health presentations. Staffing shortages and unprecedented violent attacks are at the forefront of the crisis.  

I have worked in the system implementing my performing arts programs witnessing firsthand where its failings lie. An overhaul is long overdue. A holistic approach needs to be taken to policy with the priorities of supporting our teachers, protecting our children, improving their academic outcomes and bridging the equality gap for socioeconomically disadvantaged children. Parents need to be given more school choices and the opportunity to take their power back.

The author, Caroline White, with one of her students.

Australian families have begun homeschooling their children, 30,000 at last count, in response, citing philosophical reasons as the main motivation behind their transition.

Curriculum at a local primary school includes assignments on the LGBTQIA+ mob. The transgender industry is worth billions to big pharma and, with the Government’s new conversion bill in Victoria, it’s illegal to deny your child treatment as child mutilation becomes suddenly “safe and effective”.  

My 9-year-old son is enrolled at his second primary school after a tough decision to move. He wasn’t the only child uprooted due to a teacher’s incompetency. Underperforming teachers seem commonplace and they are safeguarded by unions which just enables detrimental impacts to our children’s progression, health and wellbeing.  

I believe good education is the answer to a lot of problems in our society and is undeniably a vital part of our children’s social development. My suggestions for education reform to improve our school’s culture and student outcomes include:   

  • Introduce Charter Schools
    The United States has charter schools, privately-operated, government-funded schools with flexible staffing arrangements. If introduced in Australia, I’d like to see them have the ability to opt-out of the National Curriculum. Studies have shown charter school students have improved academic performance compared with their traditional public school counterparts, creating healthy competition in a country’s education system.
  • Scrap School Zoning
    Zoning restricts schools with specialist programs. Students with rare talents are, by definition, drawn from a wider geographical catchment. Zoning thwarts this which, in turn, makes it hard for schools to keep their specialist programs running. The Government, in effect, is stifling the market. So parents are restricted from selecting a school that is the right fit for their child. Solution? Scrap school zoning.
  • Arts Training & Specialist Classes
    Statistics show that children who consistently participate in arts education are four times more likely to be recognised for academic achievement, especially in maths, science, and English language arts. Including specialist classes creates happier children, helps them identify their talents faster, and relieves educators with the extra time they need for class planning. 
  • Grant the Authority to Hire & Fire Teachers
    Why should poor quality teachers become a responsibility of the State? Allow principals to recruit and terminate teachers.
  • Teacher and Principal Performance Reviews
    Let’s institute KPIs so high-quality teachers and principals grow professionally. Weed-out those who don’t care or are ill-suited to education.
  • Greater Professional Development
    Here’s an idea whose time has come: Mandatory professional development and ongoing training of all teachers in evidence-based practices in line with current pedagogical research to provide our teachers with every opportunity to succeed. Let’s upskill our educators.
  • Performance Pay
    Giving good teachers financial incentives to stay, and encouraging more good educators into the profession. It works in business. Let’s do it in education.
  • Cut Red Tape
    Streamline compliance and policy paperwork to take the burden from teachers so they can spend more time nurturing their students.
  • Camps Are Part of the Job
    Scrap teacher’s time off in lieu payment arrangement so that schools can afford to take children on camp again.
  • Investigation into Spending
    Victorian schools are sites for blowout big builds not fit for purpose. Our public system is becoming another bloated government cesspool open to corruption. While new facilities can enhance education, money in the sector should be spent where it’s needed most.
  • Back to Basics
    A school’s main purpose should be delivering structured learning of fundamental academic subjects. We need to focus on getting this back on track.
  • Opt-Out of Curriculum
    With the government determined to use schools to push its social and political ideologies, content transparency and the option to opt-out of certain topics if it doesn’t align with a family’s values is essential. Children are receiving information they are not developmentally ready to process which is a cause for great concern.
  • Parents Know Best
    School councils and parent-teacher associations are being marginalised more and more. Parents deserve a say in how their child is educated and how their school is run.
  • Reasonable Behavioural Standards & Respect
    A rigorous culture of high expectations implemented using structured, predictable and accountable disciplinary measures (including handing phones in to a homeroom teacher at the start of each day) is proven to have better academic performance and achievement outcomes particularly for disadvantaged students.  

Let me know what you think in the comments below.

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