As the emergency recedes, the animal spirits of the Morrison government reemerge. In the past few days one has made a couple of bold statements of intent and it’s the rollout of the COVIDSafe app that seems to have caused the outbreak of explicit moralising.
First it spoke through the Health Minister, Greg Hunt, who has been a model of ecumenical dispassion through most of the crisis.
He was sorely provoked, however, by a form of popular resistance to the app.
He was coping fine with the in-principle and practical objectors, rejoicing instead in the very rapid early take-up by the populace. But some citizens’ response wasn’t restricted to just not downloading it. They rolled out their own viral text messages ostensibly triggered by operating the app.
One such message warned that the app had detected the recipient was more than 20km from home and required them to immediately register their reason for travel.
Hunt did not find this funny, calling it “deeply unAustralian”. Whether the text was objectively amusing or actually treasonous, we can probably agree that now isn’t the best time to be pranking the punters about coronavirus.
Given how many Americans have been hospitalised for ingesting disinfectant, we know it’s not possible to underestimate the lowest common denominator of public comprehension.
Indeed, quite a few Australians think COVIDSafe will detect the virus in its users.
Hunt said he’d called the cops, claiming that “any misuse of telecommunications for a hoax is illegal”. Incorrect. While the law does criminalise some types of hoax communications, there’s no general prohibition on electronic mischief.
The relevant possible crime that the Australian Federal Police could prosecute is one that was put into the Commonwealth criminal code after the Mediscare campaign at the 2016 election.
It is now an offence for a person to falsely represent that they are, or are speaking on behalf of, a Commonwealth body (which includes a Commonwealth government program and so, probably, picks up the app rollout campaign).
There’s a two-year prison sentence, provided the person intended or was reckless as to whether their conduct would create a false representation. There is an exception for conduct engaged in for genuinely satirical purposes, but satire died some time ago so that’ll never fly.
There is no requirement for proof of harm, or that anyone even momentarily fell for the hoax. The offence applies if the Commonwealth entity in question doesn’t exist (you could potentially commit the crime by sending out emails purporting to be from the Department of Silly Walks).
That’s quite draconian, really. The Mediscare texts were bad, and required a legislative response because the conduct of all parties during election campaigns has become increasingly terrible.
However, the appropriate sanction should have targeted the wrongdoers by strengthening the insipid political advertising laws in the Electoral Act, not a sledgehammer assault on free speech.
COVIDSafe then made it on to centre stage, when Prime Minister Scott Morrison said this on Wednesday:
If you want to see us return to the more eased restrictions that I know you’re looking forward to and that I’m looking forward to, then it is important that you download the COVIDSafe app. This is the ticket to ensuring that we can have eased restrictions … ”
Well, this is new. Two weeks ago Morrison announced the conditions that the national cabinet had agreed would need to be met before restrictions on movement could start to be relaxed. They were more testing, expanding contact tracing and being ready to handle localised outbreaks.
COVIDSafe is, obviously, a mechanism for contact tracing, but until Morrison’s latest pronouncement it had not been touted as anything more than an optional take-up weapon that would (in the government’s view) help. Morrison had disavowed making it mandatory.
Now it’s a weapon of moral and practical blackmail. We can’t force you to download it but if you don’t then you’ll remain under house arrest. Presumably until enough of us see sense; presumably the 10 million who Hunt has said need to sign up for COVIDSafe to be effective.
I don’t have a problem with the government’s advertising campaign, or with anyone’s decision to download the app. It’s a clear personal and binary choice. However, since it’s not so critically important that it has been made mandatory, how can anyone be criticised for saying no?
As for Morrison descending into attempted moral shaming, let alone trying to coerce us into compliance by holding our freedom of movement hostage, that is ridiculous and insulting.
There’s room for sympathy for Morrison and Hunt — they’ve been running hard for weeks and are probably fraying at the edges. Their exasperation at the breaking down of the initial almost universal willingness of Australians to do whatever we were told is understandable. It’d make their jobs a lot easier if we just continued to silently comply.
But we’re not children and this is not a classroom. Like it or not, the government will eventually have to return to the normality of explaining, convincing and justifying its actions, and then being held accountable for the results.
These emerging signals of unwillingness to do the hard work of persuasion, defaulting instead to over-egged threats of prosecution and withholding our liberties if we don’t do what we’re told, are pointers in a disappointing direction.
I downloaded it on the admittedly ridiculous “this is your ticket to freedom” line. Despite misgivings I convinced myself that promise would be kept, and decided to risk it.
What is the alternative? More months of restrictive lockdowns with their resulting emotional damage – and incalculable economic losses, especially amongst our most vulnerable citizens? The longer the lockdowns, the more protracted and deeper the resulting recession. Those who are holding out on that basis that their lives are so damn important that no one will ever be allowed to know who they spend 15 minutes with are really saying that they are quite ok with all that pain…
Well I’m not, and no judgement of course… But some might even say that they are being quite selfish.
Memo to Mr Ed: ever hear of what goes around comes around? Why should Australians look at the CONVIDSafe app in isolation? The track record of this government on integrity and trust has gone well and truly below the gutter level. And I can set out a list of events and/or policies that illustrates this point very clearly if you like. This crisis must be a welcome distraction to Morrison as it diverts attention from a myriad of issues that illustrates what an untrustworthy pack of grubs he and his mob are.
And you wonder why Australians don’t trust this lot. Really??? Even now Morrison’s true colours are on clear display “Do this or we will continue to punish you”. Or ‘we will keep the lock-down on until you get it right’. This is the talk of a petty dictator or bully boy certainly not of a statesman of any consequence.
Make the case Morrison and there is a case to be made but do it in the public forum of our democratic institutions – the federal parliament. Remember that pesky little institution that saw you squirming in your seat over the persistent questions over the Sport rort affair.
I’m not particularly concerned about downloading the app. I do think this govt totally incompetent and untrustworthy on all matters IT and personal security.
But having worked from home for 6 weeks I know every person I have been in close contact with for more than 25 seconds in the last month. Will that do?
Besides, the social distancing has worked. Perhaps we can just reel back the pointless distancing measures, like going to the beach, or to your holiday house in non-regional areas.
Keep the pubs and clubs closed though.
Of course no one is interested in surveilling you in any capacity except as a faceless entity. Facebook, Amazon and a host of other data miners are not interested in you as a personality. Everyone who has something to sell (including political groups with a multitude of tailored images) just want to profile you to sell their products.
There is no such thing as guaranteed privacy of your data, just degrees of insecurity. Nor is there any guarantee that all the little snippets you give away will not be sold and used to produce a profile of stunning complexity.
You and I are of course immune to this sort of manipulation and can freely disclose every little detail to all these data accumulators who think that they can predict what we will do even before we realise it ourselves.
Have you tried opting out Mr Ed, just for interest sake.
Not everyone has (or wants) a phone which can download the app. (What punishment does Morrison have in mind for them?)
The obliviousness of politicians and the media to this reality is quite puzzling. Looks like they don’t know a broad enough range of people. A big bubble is still a bubble.
SCOMO & CO WANNABE DICTATORS?
ScoMo and his National Cabinet should call parliament to sit again next week to legislate the data access and use of the COVID-19 app! While the app itself seems safe, the way how the data will be used by the government is not defined! The poor performance of this government in relation of meta-data privacy is not supporting thrust to use the app before it was thoroughly discussed in parliament. Before the function and data use of the COVIS-19 app is not clearly defined I will not use it!
Good piece Michael.
The offensiveness of it all is much the same as when a teacher keeps a whole class in over lunch break because ‘Scotty threw a spitball at the blackboard’. This group punishment trick was deeply offensive when I was a school student, when I was a teacher, every time a government curtails or puts restrictions on things I like to do because some ‘Scotty’ did the wrong thing. It’s even more deeply offensive when the curtailing is to ones’ liberty.
And to rub salt into the wound we have the spectacle of the federal government found recently to be collecting data about citizens unlawfully (as well as spending millions of public funds unlawfully to win an election), with the consequence of…..nothing at all. We even have the spectacle of Bridget McKenzie now publicly asserting she did no wrong (like misconduct in public office) because no one in her Department told her it was wrong/unlawful, therefore her conduct must have been lawful!
Greg Hunt and the Hoaxers – April fool – tell us again what you believe about climate change : and what you prosecute in government.
As for that “Morrison cake” – the one he reckons he can save and eat at he same time – that’s just Scotty From Marketing.