[OZAPRS] Political messages via APRS

[Ray Wells]

Darryl,

This is a misconception.

Under the Charter of the United Nations, freedom of expression is a 
universal human right and Australia is a signatory.

There is nothing in the LDC that specifically prohibits discussion on 
politics, religion, any topic you choose, just as there is nothing to 
prevent the use of the most offensive of four letter words in amateur 
communication. The Amateur's Code may throw a different shade of light 
on how we should behave, but it's not in the law or the LDC. The Federal 
Attorney general has confirmed in writing that Australian Amateurs are 
guaranteed freedom of expression. The question was asked of the Attorney 
General by a retired Magistrate, David Taylor, G4EBT.

The term "intercommunications" has no boundaries or restrictions. From 
the Macquarie Dictionary, Intercommunicate - to communicate. The ACMA 
frequently refers to the Macquarie for definitions when dealing with 
investigations into broadcasting stations for breach of the relevant 
Codes of Practice for their sector - commercial, community, SBS and ABC.

Perhaps the LDC should be more specific, but that would place it in 
opposition with Australian Human Rights Legislation, and that would make 
specific prohibitions illegal.

We have an interesting situation in the community radio sector when it 
comes to offensive content. Our Codes of Practice, which we are legally 
bound to abide by (they are enforced by the ACMA), require that we 
oppose censorship. That same section of the CoP, however, requires us to 
"consider our community interest, context, degree of explicitness, the 
possibility of alarming the listener, the potential for distress or 
shock, prevailing indigenous laws or community standards and the social 
importance of the broadcast." So, we can, but we can't, but we can! Even 
though our listening base is, particularly at night, older people who 
are more likely to be offended, shocked, etc, we hold a general 
community licence and therefore must cater to the entire community. But 
there's another gotcha. We can't play offensive music in a time slot 
that suits younger listeners because another code says we have to 
protect children from harmful influences.

I certainly wouldn't want to see the amateur service encumbered by such 
a convoluted rule.

What would I do at the end of the day? Take Darryl's advice and, also be 
considerate of other amateurs.

Ray vk2tv

Darryl Smith wrote:
> People...
>
> I would encourage everyone to make sure that they are aware of the License
> Conditions imposed by the ACMA. You can find a copy on the following URL. 
> 	
> 	
> http://www.wia.org.au/licences/advanced/documentation/documents/AmateurLicen
> ce.pdf
>
> Paragraph 6 is probably the most important as far as this message is
> concerned. It prohibits any transmissions which are or include an
> advertisement; and limits communications to training and investigations in
> radiocommunications, intercommunications as well as transmitting news and
> information relating to amateur stations as a way of facilitating
> intercommunications. 
>
> Making statements of a political nature or broadcasts supporting or opposing
> a political point of view I am sure would be considered outside the scope of
> what is permitted, leading anyone transmitting such a statement open to
> prosecution. To be plain, I am not talking about what is transmitted as
> messages between two stations - I am specifically referring to beacon text
> here.
>
> Whilst it is generally difficult for the ACMA to prosecute Hams, APRS makes
> their job easy. We place all the evidence on the internet for them, and even
> tell them where the transmissions were made from. 
>
> Darryl
>
> ---------
> Darryl Smith, VK2TDS POBox 169 Ingleburn NSW 2565 Australia 
> Mobile Number 0412 929 634 [+61 4 12 929 634 Int] - 02 9618 6459 
> www.radio-active.net.au/blog/ - www.radio-active.net.au/web/tracking/
>
>
>
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