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Pauline Hanson sued over racially insensitive tweet

<p>Pauline Hanson has been taken to court over a racially insensitive tweet aimed at Greens senator Mehreen Faruqi, with Hanson's lawyers claiming she was merely responding to Faruqi's "provocative" comments. </p> <p>In 2022, Hanson sent a public message on Twitter to Ms Faruqi, telling her to "pack (her) bags and piss off back to Pakistan".</p> <p>Hanson's outburst was prompted by a post by Faruqi following the Queen's death, in which she wrote she could not mourn the passing of the leader of a "racist empire built on stolen lives, land and wealth of colonised peoples".</p> <p>Senator Mehreen Faruqi is suing the One Nation leader in the Federal Court over alleged racist discrimination, with the trial beginning on Monday. </p> <p>Faruqi's barrister Saul Holt KC said the "demeaning and insulting" tweet was targeted towards his client as a Muslim woman of colour who had migrated to Australia, adding that such language from a public figure was extremely damaging to Faruqi and other migrants. </p> <p>Holt went on to say that the tweet was part of a pattern of racially insensitive behaviour from Hanson, saying the public message was "pernicious and deeply harmful". </p> <p>"A tweet of this kind in the Twittersphere, the dogwhistle doesn't just stand on its own," Holt said.</p> <p>Faruqi is seeking court orders that the One Nation leader donate $150,000 to a charity of the Greens senator's choice.</p> <p>Hanson's barrister Sue Chrysanthou SC called the lawsuit "unmeritorious", arguing her client had responded to an offensive tweet by the Greens senator which was designed to provoke a response.</p> <p>"The wording used by my client ... is directed to Senator Faruqi and Senator Faruqi alone," Chrysanthou said.</p> <p>Chrysanthou went on to say Faruqi's comments were hypocritical, given that she had previously sworn an oath of allegiance to the former monarch when she became an Australian senator. </p> <p>Ms Faruqi is due to appear in the witness box as the trial continues. </p> <p><em>Image credits: Getty Images </em></p>

Legal

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Sam Kerr’s alleged comments may have had a racial element, but they were not ‘racist’

<p><a href="https://theconversation.com/profiles/mario-peucker-192086">Mario Peucker</a>, <em><a href="https://theconversation.com/institutions/victoria-university-1175">Victoria University</a></em></p> <p>Footballer Sam Kerr has been charged with “racially aggravated harassment” over a January 2023 incident in which she allegedly insulted a London police officer. According to <a href="https://www.theguardian.com/football/2024/mar/06/sam-kerr-allegedly-called-police-officer-a-stupid-white-bastard-source-says">widespread media reports</a>, she is said to have called the officer a “stupid white bastard”.</p> <p>Kerr has pleaded not guilty to the charge and has <a href="https://www.9news.com.au/world/sam-kerr-legal-team-reportedly-challenge-allegations-of-police-harassment/744598ef-75f9-4e03-acb5-7b37aecde8d1">reportedly denied</a> using the word “bastard”.</p> <p>According to section 33 of the British Crime and Disorder Act, to be found guilty of such an offence, the conduct would have had to cause – or have intended to cause – alarm or distress.</p> <p>Regardless of the court’s ultimate verdict, one big question seems to occupy the minds of many: does the phrase attributed to Kerr constitute racism?</p> <p>Kerr was born in Western Australia, and has Indian ancestry on her father’s side. Can she be racist towards a white person, and more specifically to a white police officer?</p> <p>Assuming it is true Kerr used the term “white”, there is a racial element. But “racial” is not the same as “racist”.</p> <h2>Definitions of racism</h2> <p>It is important to note here that “race” is not a biological category (there is only one human race). Race is a <a href="https://www.scientificamerican.com/article/race-is-a-social-construct-scientists-argue/">social construct</a>, invented and cemented centuries ago to legitimise colonial atrocities, oppression and forms of subjugation including slavery.</p> <p>There are many definitions of racism, but there has been a broad consensus for decades that racism is more than “just” prejudice and discriminatory behaviour. It is not simply a matter of less favourable treatment of an individual or group of people based on their actual or ascribed ethnic background, skin colour, origin or related characteristics.</p> <p>Racism also reflects and manifests as systemic exclusion and marginalisation based on historically rooted power imbalances and racial hierarchies that put white people at the top.</p> <p>To put it very simply, the scholarly (if not the legal) definition is that “<a href="https://psycnet.apa.org/record/1998-07453-002">racism equals power plus prejudice</a>”.</p> <p>In a vicious cycle, everyday racism and discrimination are shaped and justified by racial hierarchies, while they operate continuously in a way that cements power imbalances and racial marginalisation.</p> <p>This may sound a bit abstract, but if we do not recognise this power dynamic, we trivialise racism as little more than name-calling. We will fail to understand how racism operates and how it continues to affect people from racially marginalised groups in their daily lives.</p> <p>One way to illustrate the systemic nature of racism is to look at the persistent lack of representation of people of colour in leadership positions in the corporate sector, the media and governments in Australia and elsewhere.</p> <p>In the United Kingdom, where the alleged incident occurred, institutional racism – including within the police force – has been recognised since the release of the <a href="https://www.gov.uk/government/publications/the-stephen-lawrence-inquiry">Macpherson report</a> in 1999. It was reaffirmed in 2023 by the <a href="https://www.met.police.uk/SysSiteAssets/media/downloads/met/about-us/baroness-casey-review/update-march-2023/baroness-casey-review-march-2023a.pdf">Baroness Casey Review</a>, despite some political pushback.</p> <p>The review found “Met officers are 82% White and 71% male, and the majority do not live in the city they police. As such, the Met does not look like the majority of Londoners.”</p> <h2>Reverse racism?</h2> <p>Anti-discrimination legislation in the UK and Australia usually does not speak explicitly of “racism”. It outlaws certain acts that are motivated, partially or wholly, by a person’s race (or other personal identity markers).</p> <p>Legislators introduced these laws with the intention of enhancing the legal protections for those who were considered vulnerable to racism. In Australia, for example, the <a href="https://www.legislation.gov.au/C2004A00274/latest/text">Racial Discrimination Act</a> (1975) is often celebrated as a legal cornerstone in the country’s journey away from its racist “White Australia” history towards a modern multicultural society.</p> <p>The United Nations’ <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial">International Convention on the Elimination of All Forms of Racial Discrimination</a> (1965), ratified by Australia in 1975 and the UK in 1969, makes its intention explicit when it calls on all state parties to make it an offence to disseminate “ideas based on racial superiority”.</p> <p>The issue of power structures should also be seen through an institutional lens. It is difficult to imagine a person on the streets of London with more institutional power than a white police officer.</p> <p>Being called a “stupid bastard” might hurt someone’s feelings. But while I’m in no position to judge whether Sam Kerr’s alleged actions have caused “distress” to the officer – as the law would require – labelling the incident as racist is clearly not in line with what racism means.</p> <p>Such a definition would not align with the concept’s institutional and systemic dimensions. It is not what anti-discrimination laws were intended to outlaw.</p> <p>Claims of anti-white or “reverse” racism are based on a shallow, misguided and inaccurate understanding of what racism really constitutes.</p> <p>If Kerr’s court case fails to acknowledge the deeper purpose of anti-racism legislation by equating “racial” with “racist”, it risks setting a highly problematic precedent that would undermine efforts to acknowledge and tackle racism in all its forms.</p> <p>What would be the message to those millions of people in the UK, Australia and elsewhere who have to face racism every day without recognition of the harm it causes and without the support and capacity to sue the perpetrators?</p> <p>What would they think about their right to equality and their place in society?<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/225267/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/mario-peucker-192086">Mario Peucker</a>, Associate Professor and Principal Research Fellow, Institute for Sustainable Industries and Liveable Cities, <em><a href="https://theconversation.com/institutions/victoria-university-1175">Victoria University</a></em></p> <p>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/sam-kerrs-alleged-comments-may-have-had-a-racial-element-but-they-were-not-racist-225267">original article</a>.</p>

Legal

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Sam Kerr's alleged racial comments revealed by UK paper

<p>The legal controversy surrounding <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">Matildas star Sam Kerr </span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">following allegations of racially charged remarks directed towards a police officer in London continues to unfold, after a UK newspaper published those alleged remarks. </span></p> <p>According to <a href="https://www.thesun.co.uk/sport/26401266/sam-kerr-football-charge-crime-police-fifa/" target="_blank" rel="noopener">The Sun</a>, Kerr allegedly called a police officer a "stupid white bastard" during a dispute over a taxi fare. The details emerged as Kerr faced charges for using insulting, threatening or abusive words towards the officer, causing alarm or distress. The seriousness of the allegations is underscored by the potential consequences, with Kerr facing a maximum sentence of two years' imprisonment if convicted.</p> <p>The incident is said to have taken place in January 2023 shortly after Kerr's remarkable performance in a Chelsea FA Cup victory, and Kerr has maintained her innocence, pleading not guilty to the charges brought against her.</p> <p>The delayed prosecution in Kerr's case has sparked speculation, with reports suggesting that determining the appropriate charge was a complex process for the Crown Prosecution Service. However, as the trial approaches, the focus shifts towards the legal proceedings and the evidence that will be presented in court.</p> <p>Throughout her career, Kerr has been a prominent figure in the fight against racism in sport. Her past actions, including posing with an Aboriginal flag alongside her Matildas teammates, reflect a commitment to promoting inclusivity and unity. Kerr's accolades both on and off the field have solidified her iconic status, making the allegations against her all the more surprising.</p> <p>In response to the controversy, Matildas coach Tony Gustavsson and Football Australia CEO James Johnson expressed their lack of prior knowledge regarding the incident. </p> <p>Prime Minister Anthony Albanese declined to comment directly on the matter, but said that Kerr's actions during her tenure as the national flag bearer exemplified pride and dignity. </p> <p>“I don’t comment on legal matters before Australian courts, let alone other ones,” Albanese said. “I will say this about my contact with Sam Kerr, she was our flag bearer at the coronation. My contact with her was exemplary. She did Australia proud at that time and I think that my contact with her has been nothing but delightful.”</p> <p><em>Images: Getty</em></p>

Legal

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High-profile 2GB host missing feared dead

<p>Roman Butchaski, known as “Butch” from the <em>2GB Fishing Show, </em>has been missing since Sunday and is feared to be dead after police found his belongings near croc-infested waters. </p> <p>The radio host disappeared while solo-fishing on a river bank in The Cape York Peninsula, in north Queensland. </p> <p>On Tuesday morning, journalist Harry Clark told 2GB's Ben Fordham that Butch's fishing gear had been found, after three days of major search and rescue operations. </p> <p>“The latest is that the search finished yesterday afternoon and there are air and land searches scheduled to continue again this morning,” Clark told Fordham. </p> <p>“He borrowed a buggy from a friend (and) travelled about an hour to go fishing along the banks of the Olive River.</p> <p>"All that they’ve found of Butch is that vehicle and a few personal effects such as a fishing rod that was found on Sunday afternoon, and he hasn’t been seen since.</p> <p>“The Olive River is a tidal saltwater river and like all waterways in that area they are known crocodile habitats so that's certainly one of things search crews are taking into consideration as they look for Butch.”</p> <p>Butch was last seen at 8am on Sunday, and was reported missing when he didn’t return home from the fishing trip. </p> <p>“Emergency services were called to the area late last night night after he failed to return,” Queensland Police said on Monday.</p> <p>“Additional officers are travelling from Bamaga this morning to assist.”</p> <p><em>Image: 2GB/ Pema Tamang Pakhrin/ news.com.au</em></p>

Travel Trouble

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Bruce Lehrmann revealed as "high-profile" figure accused of rape in Queensland

<p>Former Liberal staffer Bruce Lehrmann has been charged with two counts of rape, relating to an incident alleged to have occurred in Queensland in October 2021.</p> <p>What makes this case even more intriguing is the legal battle over the public identification of the accused. For the first time, the "high-profile man" accused of rape in Toowoomba, west of Brisbane, can be named. This case has raised complex issues surrounding mental health, the administration of justice, and the changing legal landscape in Queensland.</p> <p>The legal saga surrounding Lehrmann's identity took a convoluted path through the Queensland legal system. The matter was first listed in the Toowoomba Magistrates Court in January 2023, but the accused's name remained under wraps. Lehrmann's legal team initially argued for an ongoing suppression order on his name, citing concerns about his mental health. They contended that the risk to his mental health was a fluid and ever-changing factor.</p> <p>However, the Queensland Supreme Court judge, Peter Applegarth, made a pivotal decision on October 26, 2023, rejecting Lehrmann's application for a continued suppression order. He concluded that there was insufficient evidence to establish the necessity of the non-publication order for the defendant's safety.</p> <p>Interestingly, the complainant in the case actively supported the public naming of Lehrmann, contradicting previous laws that prohibited the identification of the accused before committal. This shift allowed media outlets to finally disclose his name as of October 3, 2023. The decision to allow the media to name Lehrmann reflected a growing sentiment in favour of transparency in legal proceedings.</p> <p>Lehrmann's legal team had previously cited concerns about his mental health and submitted a letter from a psychologist mentioning suicidal ideation as part of the suppression order application. While these concerns played a significant role in the legal proceedings, it ultimately was not enough to sway the courts in favour of maintaining the suppression order.</p> <p>This case highlights the intricate interplay between mental health, public safety and the administration of justice. While the legal system must protect the rights of the accused, it also must balance those rights with the public's right to know and the interests of justice.</p> <p>Lehrmann has not yet entered a plea, and he has not been committed for trial, which will play out in the magistrates court. This legal battle will undoubtedly continue to garner attention as it moves forward, both in the courtroom and in the court of public opinion.</p> <p><em>Image: Getty Images</em></p>

Legal

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Police reveal details of the online profile of Australia's worst ever paedophile

<p dir="ltr">The former Queensland childcare worker who has been charged with sexually abusing dozens of children boasted in an online profile about his love of “meaningful experiences” with kids. </p> <p dir="ltr">The 45-year-old Gold Coast man was <a href="https://oversixty.com.au/finance/legal/unfathomable-former-childcare-worker-facing-1-623-child-abuse-charges" target="_blank" rel="noopener">charged</a> last week with 1623 child abuse offences, including 136 charges of raping pre-pubescent girls, with the alleged offences relate to 87 children in Australia and four overseas, and includes 110 counts of sexual intercourse with a child under 10.</p> <p dir="ltr">While the man cannot be named until his case is committed to trial, many parents of the victims have discovered an online profile for his previous employer in which the man boasted about his childcare experience. </p> <p dir="ltr">In it, the man talked about his professional skills and discussed how he helped children “develop their identities”, saying he was a “firm believer in play-based learning as well as inquiry”.</p> <p dir="ltr">“I love engaging children in meaningful experiences that inspire their play and learning,” the post read. </p> <p dir="ltr">“I am particularly fascinated by how children use creative languages such as drawing, building, painting and music to express themselves and develop their identity.”</p> <p dir="ltr">He said “young children are natural inquirers” who “explore the world through their senses, seeking answers and building theories”, adding that “as an early childhood teacher I hope to share this journey, learning side by side with children and inspiring them”.</p> <p dir="ltr">Australian Federal Police Assistant Commissioner Justine Gough said the investigation into the man’s crimes and a larger paedophile ring is still ongoing.</p> <p dir="ltr">“Those charges carry life imprisonment. Once this man faces the AFP charges here in Queensland, we will be seeking his extradition,” she said.</p> <p dir="ltr">“This is one of the most horrific child abuse cases that I‘ve seen in nearly 40 years of policing.” </p> <p dir="ltr">“We are absolutely committed to prosecuting anyone who comes after our most vulnerable.”</p> <p dir="ltr">If the man is convicted of all his alleged crimes, he will be named the worst paedophile in Australian history. </p> <p dir="ltr"><em>Image credits: ABC</em></p>

Legal

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Climate change protester crashes high-profile wedding

<p>Climate change protesters have crashed the wedding of former UK politician George Osbourne and his former aide Thea Rodgers.</p> <p>The ceremony, which took place in Somerset, England, had more than 200 guests and was attended by several high-profilers – including former prime ministers, other UK politicians and various journalists.</p> <p>A few of the guests in attendance included former Prime Minister David Cameron and his wife, Samantha, longstanding minister Michael Gove, and former <em>Sky News </em>political editor Adam Boulton among others.</p> <p>The protester, who claimed to be part of the environmental group Just Stop Oil, waited until the couple walked out of St Mary’s Church after the ceremony to throw handfuls of orange confetti over them.</p> <p>The woman had a big smile on her face as she continued emptying the confetti from a Union Jack bag, before being dragged away by security.</p> <p>Just Stop Oil tweeted footage of the incident with the caption: “You look good in orange @George_Osborne – congratulations to the newlyweds.”</p> <p>Despite applauding the protester’s action, the environmental group has denied their connection to the incident.</p> <p>"If it was a form of protest (which is yet to be established) we applaud it and thank the person concerned,” they tweeted.</p> <p>"It was peaceful and not especially disruptive but got massive media attention for Just Stop Oil's demand."</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Confettigate: A Statement From Just Stop Oil</p> <p>The lady who threw confetti in Bruton yesterday was upholding a tradition that is common across many cultures. We absolutely defend the right for people to throw confetti (of whatever colour) at weddings and other celebrations.</p> <p>If it… <a href="https://t.co/e0uRJkV2S6">pic.twitter.com/e0uRJkV2S6</a></p> <p>— Just Stop Oil (@JustStop_Oil) <a href="https://twitter.com/JustStop_Oil/status/1678014729216770048?ref_src=twsrc%5Etfw">July 9, 2023</a></p></blockquote> <p>Another protester was reportedly spotted outside of the gates of the church.</p> <p>The group also added that people should focus on more important issues like the UK government’s decision to licence over 100 new oil and gas projects and the wildfires in Canada.</p> <p>This is Osbourne’s second wedding; he was previously married to Frances Osborne, but the pair divorced in 2019 after 21 years of marriage.</p> <p><em>Images: Finnbarr Webster/Getty Images</em></p>

Relationships

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Top-tier salaries for high-profile talents at Channel 9 revealed

<p>Ray Hadley has been named the highest paid talent at the Nine Network, with his contract extension earning him a reported $9 million. </p> <p>The 68-year-old talk back radio host will remain the morning show host at 2GB until the end of 2026, with the gig lining his pockets with around $3.5 million annually. </p> <p>With the news of Hadley's new contract making headlines, an insider at <em>Media Diary</em> has revealed what the other top talents at the Nine Network are earning in comparison. </p> <p>The second highest paid personality at the network is reportedly comedian and <em>Lego Masters</em> host Hamish Blake, who rakes in around $2 million per year.</p> <p>Coming in with salaries around the $1.5 million per year mark are the likes of <em>Today</em> host Karl Stefanovic, <em>A Current Affair</em> host Allison Langdon, 2GB breakfast host Ben Fordham and <em>The Block</em> host Scott Cam.</p> <p>Earning between $1 million and $1.2 million reportedly include veteran <em>60 Minutes</em> journalist Liz Hayes, <em>The Hundred</em> host Andy Lee, and 3AW presenters Neil Mitchell and Ross Stevenson.</p> <p><em>Nine News</em> journalist Peter Overton is said to make approximately $1 million a year, while <em>Today</em> co-host Sarah Abo and reality show host Sophie Monk are each said to net around $800,000.</p> <p>While the network does not disclose the salaries of each personality, an individual's annual pay is often leaked when star's renegotiate their contracts.</p> <p>When Lisa Wilkinson left the Nine Network in 2017 over a gender pay dispute, she reportedly signed a $2 million per year contract with Ten to co-host <em>The Project</em>.</p> <p>Also defecting from Nine, Sonia Kruger is said to have signed a $1.3 million contract with Seven as the co-host of <em>Dancing with the Stars</em>. </p> <p><em>Image credits: Today / Instagram</em></p>

Money & Banking

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Kamahl demands apology over racial tweet

<p>Singer Kamahl has demanded that radio host Philip Adams issue him a public apology over the racial tweet he made in December where Adams dubbed Kamahl an “honorary white” over his relationship with the late cricketer Donald Bradman. </p> <p>Adams claims to have contacted Kamahl, who says he has been “humiliated” by the incident, but the Malaysian-born singer claims the apology never made it to him. </p> <p>“My understanding is that Mr Adams has written to Kamahl apologising for that,” ABC boss David Anderson said of the situation. “Privately written to him, apologising for that.” </p> <p>As reported by <em>The Australian</em>, Kamahl had plenty to say in response to Anderson. </p> <p>“I resent the fact that you have used the incident on public record as a defence of how you and your management have effectively dealt with this issue,” he wrote. “You stated on the public record that Adams had in fact reached out to me to apologise personally for his highly inappropriate comment.</p> <p>“Mr Anderson, let me clarify, the only action that Adams has taken to date in dealing with this issue is to block me on Twitter and double down on his initial slur in which he referred to me as an ‘honorary white’.” </p> <p>“Bradman refused to meet Mandela?” Adams posted in a now deleted tweet. </p> <p>“Why do you think Sir Donald Bradman refused to meet Mandela?” Kamahl responded. “Why do you think the greatest ever 'spotsman' welcomed me at his home from August 1988 every year, till he left us in 2001?”</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Why do you think Sir Donald Bradman refused to meet Mandela ? Why do you think the greatest ever 'spotsman' welcomed me at his home from August 1988 every year, till he left us in 2001? <br />He also left me letters he wrote every year. <br />Why Phillip ?<a href="https://twitter.com/OfficialKamahl?ref_src=twsrc%5Etfw">@OfficialKamahl</a> <a href="https://twitter.com/PhillipAdams_1?ref_src=twsrc%5Etfw">@PhillipAdams_1</a></p> <p>— Kamahl AM (@OfficialKamahl) <a href="https://twitter.com/OfficialKamahl/status/1607369967628095489?ref_src=twsrc%5Etfw">December 26, 2022</a></p></blockquote> <p>“Clearly, Kamahl, he made you an Honorary White. Whereas one of the most towering political figures of the 20th century was deemed unworthy of Bradman's approval," Adams fired back. </p> <p>Kamahl went on to tell Adams that  responded he “may be white, but oh your soul is black!”</p> <p>The term ‘honorary white’ is said to have originated during South Africa’s Apartheid regime in the 1960s to grant the rights and the privileges of white people to those who would otherwise be considered ‘non-white’ at the time. </p> <p>Many share Kamahl’s belief that Adams’ apology should be as public as his initial words. </p> <p>As reporter Peter Ford said on <em>6PR Breakfast</em>, “you get the feeling that they told him to write this apology and send it to get him off our backs and it’d all go away, and I don’t think that’s good enough.” </p> <p>Kamahl and his followers have been vocal on Twitter about his desire for an appropriate apology, and the impact of Adams’ words, but only time will tell if Adams is to step up and offer one. </p> <p><em>Images: Twitter </em></p>

News

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Can juries still deliver justice in high-profile cases in the age of social media?

<p>The recent <a href="https://theconversation.com/why-was-the-lehrmann-trial-aborted-and-what-happens-next-193382" target="_blank" rel="noopener">sudden end</a> to the Bruce Lehrmann trial last month raises again whether the jury is fit for purpose in a 21st century hyper-connected world.</p> <p>That jury’s service in the Lehrmann case ended peremptorily after it was revealed to the judge that material downloaded from the internet (which was highly relevant to the case and not introduced as evidence) had been found in the jury room. A retrial has been <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-retrial-confirmed-for-2023-says-act-director-of-public-prosecutions-shane-drumgold/news-story/6012323f3d863985ce5a001f10a3a7eb" target="_blank" rel="noopener">set for late February</a>. Lehrmann had been accused of raping former Liberal Party staffer Brittany Higgins, to which he pleaded not guilty.</p> <p>The costs so far (to both parties and the court) could well exceed a million dollars.</p> <p>With easy access to the internet available to any juror who owns a mobile phone, is it conceivable that all jurors will abide by the strict instructions of a judge admonishing them to pay attention only to the evidence adduced in the trial?</p> <p>Are instructions to jurors to avoid media sources meaningless given the accessibility of the internet?</p> <p>These aren’t new questions. In 2005, <a href="https://www.parliament.nsw.gov.au/researchpapers/Documents/trial-by-jury-recent-developments/jury%20and%20index.pdf" target="_blank" rel="noopener">a report</a> prepared for the NSW Parliamentary Library Research Service observed:</p> <blockquote> <p>Prominent cases in recent years […] have illustrated the legal problems that can occur when jurors, despite judicial instructions to confine their deliberations to the evidence before them, undertake their own research, discuss the case with non-jurors, or visit a place connected with the offence. The increasing amount of legal information available on the internet is a cause for particular concern. The Jury Amendment Act 2004 […] prohibits jurors from making inquiries about the accused or issues in the trial, except in the proper exercise of juror functions.</p> </blockquote> <p>But for all the warnings and threats of consequences, a juror may still stray down <a href="http://www.lawfoundation.net.au/ljf/site/templates/grants/$file/UNSW_Jury_Study_Hunter_2013.pdf" target="_blank" rel="noopener">the path of private sleuth</a>. It’s easy to do and Australians have a voracious appetite for social media. In 2018 <a href="https://www.yellow.com.au/wp-content/uploads/2018/06/Yellow-Social-Media-Report-2018-Consumer.pdf" target="_blank" rel="noopener">a survey reported</a> 62% of Australian adults use social media sites every day, and 34% use them more than five times a day.</p> <p>This becomes particularly problematic when the eyes of the world are fixed on cases such as these.</p> <p>The sudden and unexpected end to the Lehrmann trial prompts a more fundamental question: should we continue to persist with juries at all?</p> <h2>Two sides</h2> <p>There are two sides to the argument regarding retention of the jury.</p> <p>On the one hand, juries have stood the test of time. The idea of being tried by one’s peers was entrenched by the <a href="https://www.bl.uk/magna-carta/articles/magna-carta-and-jury-trial" target="_blank" rel="noopener">Magna Carta of 1215</a>. Even though the jury as we know it didn’t crystallise until about 350 years ago and has been through a number of permutations since then, there would be few people who could argue against its symbolic legitimacy given its staying power.</p> <p>Over that time, juries have been given sustained examination in Australia by the <a href="https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Reports/Report-48.pdf" target="_blank" rel="noopener">New South Wales Law Reform Commission</a>, the Queensland <a href="https://www.ccc.qld.gov.au/sites/default/files/Docs/Publications/CJC/The-jury-system-in-criminal-trials-in-qld-Issues-paper-1991.pdf" target="_blank" rel="noopener">Criminal Justice Commission</a>, the <a href="https://www.parliament.vic.gov.au/images/stories/committees/lawrefrom/jury_service/report_volume_1.pdf" target="_blank" rel="noopener">Victorian Law Reform Committee</a>, and most recently by academics at <a href="https://cdn.csu.edu.au/__data/assets/pdf_file/0007/3452182/Jury-Reasoning-v2-NEW-BRANDING.pdf" target="_blank" rel="noopener">Charles Sturt University</a>, to name a few. Juries have survived largely intact throughout this exercise.</p> <p>On the other hand, there are doubts about their efficiency. Juries took a hit after the High Court decision <a href="https://theconversation.com/the-jury-may-be-out-on-the-jury-system-after-george-pells-successful-appeal-135814" target="_blank" rel="noopener">in the George Pell appeal</a> where the judges, in allowing the appeal, ruled that no jury, properly instructed, could have reached a guilty verdict in his trial.</p> <p>What’s more, it’s overstated to say that trial by jury is a fundamental bulwark of fairness in the criminal justice system. Indeed, 92% of criminal matters in Australia are dealt with in the <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/criminal-courts-australia/latest-release" target="_blank" rel="noopener">magistrates courts</a>, where there are no juries. Of the remaining 8% referred to the “superior” criminal courts (Supreme, District and County), more and more defendants are choosing “judge alone” trials (in jurisdictions where that option is available). For example, in NSW, <a href="https://theconversation.com/jury-is-out-why-shifting-to-judge-alone-trials-is-a-flawed-approach-to-criminal-justice-137397" target="_blank" rel="noopener">up to a quarter of accused persons</a> are now electing to be tried without a jury.</p> <p>Other studies have highlighted how jurors <a href="https://www.sciencedirect.com/science/article/abs/pii/S0194659507000470" target="_blank" rel="noopener">overrate DNA evidence</a> despite judicial directions, which may lead to <a href="https://researchdirect.westernsydney.edu.au/islandora/object/uws:10533" target="_blank" rel="noopener">far more jury convictions</a> than are warranted, and how jurors’ perceptions of guilt and innocence can be affected by the <a href="https://researchdirect.westernsydney.edu.au/islandora/object/uws:44141" target="_blank" rel="noopener">positioning of defendants</a> in the courtroom. <a href="https://espace.library.uq.edu.au/view/UQ:331175" target="_blank" rel="noopener">Another study</a> found that although jurors report they understand directions, they often don’t appear to use those directions in arriving at a decision.</p> <p>And finally, as the Lehrmann trial has illustrated, it’s not unusual for jurors to ignore or misunderstand the instructions that have been given to them.</p> <p>But, what about the ability of juries to apply some of their own “commonsense” justice? True, there are examples of juries wielding their own commonsense stick. For example, a verdict that <a href="https://www.coursehero.com/file/p7dtm6g/R-v-R-1981-28-SASR-321-South-Australian-Supreme-Court-King-CJ-Jacobs-Zelling-JJ/" target="_blank" rel="noopener">occurred in 1981</a> when a South Australian jury returned a verdict of not guilty for a woman who had been charged with the murder of her husband. The jury decided that the defence of provocation (only available to reduce murder to manslaughter) exonerated her, figuring that, in the time before the victim’s death, his severe and persistent abuse of his family had pushed his wife to breaking point.</p> <p>There is, however, a contrary argument. Research has revealed that “commonsense” <a href="https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12181" target="_blank" rel="noopener">comes with coded biases</a>, such that telling jurors to use their commonsense is futile, given it’s difficult (if not impossible) to erode such biases.</p> <h2>Are there other options?</h2> <p>One alternative to the jury is mixed judiciaries used in some European countries, where one may find a panel of judges or <a href="https://academic.oup.com/book/32863/chapter/275978049?login=true" target="_blank" rel="noopener">a combination of judges and lay people</a>. But the common law world has never looked like following that lead.</p> <p>Another alternative in use in Australia is a judge alone trial, although <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11" target="_blank" rel="noopener">that option</a> isn’t always available, and by virtue of <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11" target="_blank" rel="noopener">Section 80 of the Constitution</a> isn’t available in a trial of a serious federal offence. Indeed, there’s no guarantee that judges themselves are immune from social media influences. While there’s a widespread belief that judges are more capable than juries of putting <a href="https://chelmsfordlegal.com.au/trial-by-judge-alone-is-it-possible-and-if-so-is-it-preferable/" target="_blank" rel="noopener">to one side their own prejudices</a>, the rules regarding sub judice contempt (discussing publicly a matter that is before a court in a manner that may influence the outcome) applies equally to judge alone and jury trials.</p> <p>Adding to the policy confusion, there’s some evidence trials by judge alone do make a difference to the outcome. The NSW Bureau of Crime Statistics <a href="https://stacklaw.com.au/news/criminal-law/trial-by-jury-vs-trial-by-judge-alone-whats-the-difference/" target="_blank" rel="noopener">examined NSW trials between 1993 and 2011</a> and found defendants were acquitted 55.4% of the time in a judge alone trial, compared to 29% in a jury trial.</p> <p>Another reform idea is to allow jurors to <a href="https://scholar.google.com/citations?view_op=view_citation&amp;hl=en&amp;user=dMsPrLwAAAAJ&amp;citation_for_view=dMsPrLwAAAAJ:7PzlFSSx8tAC" target="_blank" rel="noopener">raise questions with the judge</a> during breaks in the trial, including asking about things they may have “accidentally” come across on social media. A judge could send the jury out while the lawyers present to the judge how they think the questions should be handled and answered. However, this idea has yet to excite policymakers.</p> <p>In the end, we must accept there are flaws in jury process. But finding acceptable alternatives has proved difficult, hence the reluctance of governments to abandon the status quo. Judges will continue to warn against private sleuthing, but one suspects that it will, from time to time, continue regardless.</p> <p>One can only hope the disaster that befell the Lehrmann trial sends a salutary lesson to prospective jurors henceforth: listen to what the judge tells you, and during the course of the trial leave your favourite search engine alone.</p> <p><strong>This article originally appeared on <a href="https://theconversation.com/can-juries-still-deliver-justice-in-high-profile-cases-in-the-age-of-social-media-193843" target="_blank" rel="noopener">The Conversation</a>.</strong></p> <p><em>Image: ABC</em></p>

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"We are a better country than that": PM condemns "racially motivated" killing

<p dir="ltr"><em>WARNING: Aboriginal and Torres Strait Islander viewers are warned that the following story contains images of deceased persons.</em></p> <p dir="ltr">The heartbroken mother of Cassius Turvey has thanked Prime Minister Anthony Albanese for condemning the racially motivated brutal murder of her son. </p> <p dir="ltr">The 15-year-old year 9 student was walking home from school in Middle Swan, Perth when he was allegedly viciously attacked by a metal pole by a 21-year-old Jack Steven James Brearley. </p> <p dir="ltr">His head injuries were so severe and Cassius was placed in an induced coma after suffering two strokes and a brain bleed.</p> <p dir="ltr">Unfortunately, Cassius could not pull through from his horrific injuries and passed away on October 23. </p> <p dir="ltr">Mr Albanese condemned the attack and said Australia can do better. </p> <p dir="ltr">“This attack that, clearly, is racially motivated just breaks your heart,” he said. </p> <p dir="ltr">“We are a better country than that, and my heart goes out to the family and the friends.”</p> <p dir="ltr">Cassius’ mother Mechelle Turvey thanked Mr Albanese for his comments and said “it’s the words the country has been waiting for”. </p> <p dir="ltr">"They're just words but they mean so much to us," she said.</p> <p dir="ltr">"It's like you're on the same page as our hearts."</p> <p dir="ltr">Rallies were held across major cities in Australia and even Los Angeles as they called for justice for Cassius. </p> <p dir="ltr">"He's not just my loss, he's everyone's loss, even people that didn't know him," Michelle continued. </p> <p dir="ltr">"This is the worst thing to happen but this is just amazing, it's just bringing the community together.</p> <p dir="ltr">"This is black and white, you can see the diversity of people here."</p> <p dir="ltr">Jack Steven James Brearley, 21, has been charged with his murder and is due to face a Perth court next month.</p> <p dir="ltr"><em>Images: Nine</em></p>

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“I’ve tasted the faintest bitter edge of racism”: Ash Barty admits to being racially abused

<p dir="ltr">Ash Barty has confessed that she’s been on the receiving end of “bitter racism” after finding out about her Indigenous heritage. </p> <p dir="ltr">In her autobiography, <em>My Dream Time</em>, which will be published on November 2, Barty opens up about the moment she found out about her family’s past. </p> <p dir="ltr">The former tennis player said it was a difficult moment when her father searched for the truth and eventually told Barty and her sister which then led to “vile racism”. </p> <p dir="ltr">“I’ve seen glimpses and tasted the faintest bitter edge of racism” she wrote.</p> <p dir="ltr">“I’d win a Deadly Award but get vilified on line. I’d become a Tennis Australia First Nations Ambassador and then find some muppet calling my heritage into question.”</p> <p dir="ltr">The three-time Grand Slam winner said there was still a lot of work and educated needed to address the importance of Indigenous Australians. </p> <p dir="ltr">“There was no need for us to talk about that in the moment but it was certainly something that confused me a little bit as to why someone would criticise something that is so personal to me,” she told NewsCorp.</p> <p dir="ltr">“Looking back now it’s all about the education and giving people the tools to understand others and appreciate what came before us.”</p> <p dir="ltr">Barty went on to reveal that her trip to Central Australia where she worked with First Nations children was when she was convinced of a connection with them. </p> <p dir="ltr">“If anything it has just reassured to me that the path I want to go down in the future is to try and help First Nations youth around the country.”</p> <p dir="ltr">Eventually, Barty found out of her Indigenous heritage when her father Rob traced back his roots. </p> <p dir="ltr">At 13 he was told by a cousin that there was Indigenous heritage in the family but his parents denied it, claiming their connection was only to Māoris in New Zealand. </p> <p dir="ltr">Rob did not accept that and went on to trace back his family history where he found out that his great grandmother was an Indigenous Australian who married a white man. </p> <p dir="ltr">Barty’s dad sat her and her sister down when she was just seven and told them the truth. </p> <p dir="ltr">The family then went on to record their names with the Ngarigu Nation. </p> <p dir="ltr">“It was not a conversation his parents could have with him,” she wrote.</p> <p dir="ltr">“To his parents, Aboriginal ancestry was something to be ashamed of and not something he should be curious about.”</p> <p dir="ltr"><em>Images: Instagram</em></p>

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New York Times under fire over "shameful" obituary of Jack Charles

<p>The New York Times has come under fire for their "shameful" obituary of Aboriginal actor Jack Charles.</p> <p>The publication's tribute to the late actor, who died of a stroke on September 13th at age 79, portrayed his life of drugs and crime rather than his long list of achievements in the arts.</p> <p>Furious social media users claimed the post, which has since been removed, was offensive and an example of "racial profiling".</p> <p>The NYT's Twitter post about Jack Charles' death said he "was one of Australia's leading Indigenous actors, but his heroin addiction and penchant for burglary landed him in and out of jail throughout his life".</p> <p>The outrage was widespread online, with one person writing, "No, we are not doing this. He was a leading actor and activist. This isn't presenting a complex person, it's straight up racial profiling."</p> <p>Another said, "Wow. This is … one of the worst ways I've seen his story told. Shame on you."</p> <p>"How to say 'we're a tone deaf racist publication" without saying "we're a tone deaf racist publication'," commented a third.</p> <p>The original post was later deleted and replaced with a tweet remembering Charles as "one of Australia's leading Indigenous actors and activists", and as "the grandfather of Aboriginal theatre".</p> <p>Jack Charles' family announced his death in a statement, saying, "He will live on in our hearts and memories through his numerous screen and stage roles".</p> <p>The Indigenous icon was names NAIDOC male Elder of the year just months before his death.</p> <p>Prime Minister Anthony Albanese took to Twitter to say, "Jack Charles lived a hard life and he leaves a joyous legacy. He endured cruelty, he knew pain."</p> <p>"He survived every turn of the vicious cycle, holding on to his humanity. Jack Charles uplifted our nation with his heart, his genius, his creativity and passion."</p> <p><em>Image credits: Getty Images</em></p>

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This law makes it illegal for companies to collect third-party data to profile you but they do anyway

<p>A little-known provision of the Privacy Act makes it illegal for many companies in Australia to buy or exchange consumers’ personal data for profiling or targeting purposes. It’s almost never enforced. In a published <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4224653" target="_blank" rel="noopener">research paper</a>, I argue that needs to change.</p> <p>“Data enrichment” is the intrusive practice of companies going behind our backs to “fill in the gaps” of the information we provide.</p> <p>When you purchase a product or service from a company, fill out an online form, or sign up for a newsletter, you might provide only the necessary data such as your name, email, delivery address and/or payment information.</p> <p>That company may then turn to other retailers or <a href="https://www.oracle.com/au/cx/advertising/data-enrichment-measurement/#data-enrichment" target="_blank" rel="noopener">data brokers</a> to purchase or exchange extra data about you. This could include your age, family, health, habits and more.</p> <p>This allows them to build a more detailed individual profile on you, which helps them predict your behaviour and more precisely target you with ads.</p> <p>For almost ten years, there has been a law in Australia that makes this kind of data enrichment illegal if a company can “reasonably and practicably” request that information directly from the consumer. And at least <a href="https://consultations.ag.gov.au/rights-and-protections/privacy-act-review-discussion-paper/consultation/view_respondent?_b_index=60&amp;uuId=926016195" target="_blank" rel="noopener">one major data broker</a> has asked the government to “remove” this law.</p> <p>The burning question is: why is there not a single published case of this law being enforced against companies “enriching” customer data for profiling and targeting purposes?</p> <h2>Data collection ‘only from the individual’</h2> <p>The relevant law is Australian Privacy Principle 3.6 and is part of the federal <a href="https://www.legislation.gov.au/Details/C2022C00199" target="_blank" rel="noopener">Privacy Act</a>. It applies to most organisations that operate businesses with annual revenues higher than A$3 million, and smaller data businesses.</p> <p>The law says such organisations:</p> <blockquote> <p>must collect personal information about an individual only from the individual […] unless it is unreasonable or impracticable to do so.</p> </blockquote> <p>This “direct collection rule” protects individuals’ privacy by allowing them some control over information collected about them, and avoiding a combination of data sources that could reveal sensitive information about their vulnerabilities.</p> <p>But this rule has received almost no attention. There’s only one published determination of the federal privacy regulator on it, and that was against the <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AICmr/2020/69.html" target="_blank" rel="noopener">Australian Defence Force</a> in a different context.</p> <p>According to Australian Privacy Principle 3.6, it’s only legal for an organisation to collect personal information from a third party if it would be “unreasonable or impracticable” to collect that information from the individual alone.</p> <p>This exception was intended to apply to <a href="https://www.oaic.gov.au/privacy/australian-privacy-principles-guidelines/chapter-3-app-3-collection-of-solicited-personal-information#collecting-directly-from-the-individual" target="_blank" rel="noopener">limited situations</a>, such as when:</p> <ul> <li>the individual is being investigated for some wrongdoing</li> <li>the individual’s address needs to be updated for delivery of legal or official documents.</li> </ul> <p>The exception shouldn’t apply simply because a company wants to collect extra information for profiling and targeting, but realises the customer would probably refuse to provide it.</p> <h2>Who’s bypassing customers for third-party data?</h2> <p>Aside from data brokers, companies also exchange information with each other about their respective customers to get extra information on customers’ lives. This is often referred to as “data matching” or “data partnerships”.</p> <p>Companies tend to be very vague about who they share information with, and who they get information from. So we don’t know for certain who’s buying data-enrichment services from data brokers, or “matching” customer data.</p> <p>Major companies such as <a href="https://www.amazon.com.au/gp/help/customer/display.html?nodeId=202075050&amp;ref_=footer_iba" target="_blank" rel="noopener">Amazon Australia</a>, <a href="https://www.ebay.com.au/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260&amp;mkevt=1&amp;mkcid=1&amp;mkrid=705-53470-19255-0&amp;campid=5337590774&amp;customid=&amp;toolid=10001#section4" target="_blank" rel="noopener">eBay Australia</a>, <a href="https://www.facebook.com/privacy/policy/?subpage=1.subpage.4-InformationFromPartnersVendors" target="_blank" rel="noopener">Meta</a> (Facebook), <a href="https://www.viacomcbsprivacy.com/en/policy" target="_blank" rel="noopener">10Play Viacom</a> and <a href="https://twitter.com/en/privacy#twitter-privacy-1" target="_blank" rel="noopener">Twitter</a> include terms in the fine print of their privacy policies that state they collect personal information from third parties, including demographic details and/or interests.</p> <p><a href="https://policies.google.com/privacy?hl=en-US#infocollect" target="_blank" rel="noopener">Google</a>, <a href="https://preferences.news.com.au/privacy" target="_blank" rel="noopener">News Corp</a>, <a href="https://www.sevenwestmedia.com.au/privacy-policies/privacy" target="_blank" rel="noopener">Seven</a>, <a href="https://login.nine.com.au/privacy?client_id=smh" target="_blank" rel="noopener">Nine</a> and others also say they collect personal information from third parties, but are more vague about the nature of that information.</p> <p>These privacy policies don’t explain why it would be unreasonable or impracticable to collect that information directly from customers.</p> <h2>Consumer ‘consent’ is not an exception</h2> <p>Some companies may try to justify going behind customers’ backs to collect data because there’s an obscure term in their privacy policy that mentions they collect personal information from third parties. Or because the company disclosing the data has a privacy policy term about sharing data with “trusted data partners”.</p> <p>But even if this amounts to consumer “consent” under the relatively weak standards for consent in our current privacy law, this is not an exception to the direct collection rule.</p> <p>The law allows a “consent” exception for government agencies under a separate part of the direct collection rule, but not for private organisations.</p> <h2>Data enrichment involves personal information</h2> <p>Many companies with third-party data collection terms in their privacy policies acknowledge this is personal information. But some may argue the collected data isn’t “personal information” under the Privacy Act, so the direct collection rule doesn’t apply.</p> <p>Companies often exchange information about an individual without using the individual’s legal name or email. Instead they may use a unique advertising identifier for that individual, or <a href="https://help.abc.net.au/hc/en-us/articles/4402890310671" target="_blank" rel="noopener">“hash” the email address</a> to turn it into a unique string of numbers and letters.</p> <p>They essentially allocate a “code name” to the consumer. So the companies can exchange information that can be linked to the individual, yet say this information wasn’t connected to their actual name or email.</p> <p>However, this information should still be treated as personal information because it can be linked back to the individual when combined with other <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2017/4.html" target="_blank" rel="noopener">information about them</a>.</p> <h2>At least one major data broker is against it</h2> <p>Data broker <a href="https://www.experian.com.au/business/solutions/audience-targeting/digital-solutions-sell-side/digital-audiences-ss" target="_blank" rel="noopener">Experian Australia</a> has asked the government to “remove” Australian Privacy Principle 3.6 “altogether”. In its <a href="https://consultations.ag.gov.au/rights-and-protections/privacy-act-review-discussion-paper/consultation/view_respondent?_b_index=60&amp;uuId=926016195" target="_blank" rel="noopener">submission</a> to the Privacy Act Review in January, Experian argued:</p> <blockquote> <p>It is outdated and does not fit well with modern data uses.</p> </blockquote> <p>Others who profit from data enrichment or data matching would probably agree, but prefer to let sleeping dogs lie.</p> <p>Experian argued the law favours large companies with direct access to lots of customers and opportunities to pool data collected from across their own corporate group. It said companies with access to fewer consumers and less data would be disadvantaged if they can’t purchase data from brokers.</p> <p>But the fact that some digital platforms impose extensive personal data collection on customers supports the case for stronger privacy laws. It doesn’t mean there should be a data free-for-all.</p> <h2>Our privacy regulator should take action</h2> <p>It has been three years since the consumer watchdog recommended <a href="https://www.accc.gov.au/system/files/Digital%20platforms%20inquiry%20-%20final%20report.pdf" target="_blank" rel="noopener">major reforms</a> to our privacy laws to reduce the disadvantages consumers suffer from invasive data practices. These reforms are probably still years away, if they eventuate at all.</p> <p>The direct collection rule is a very rare thing. It is an existing Australian privacy law that favours consumers. The privacy regulator should prioritise the enforcement of this law for the benefit of consumers.</p> <p><strong>This article originally appeared on <a href="https://theconversation.com/this-law-makes-it-illegal-for-companies-to-collect-third-party-data-to-profile-you-but-they-do-anyway-190758" target="_blank" rel="noopener">The Conversation</a>.</strong></p> <p><em>Image: Shutterstock</em></p>

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"Anger resonates through me": AFL rocked by accusations of historical racial abuse

<p><em><strong>Warning: This article contains distressing content which some readers may find confronting.</strong></em></p> <p>A damning report has exposed alleged racism, bullying and abuse within the Hawthorn AFL club, with several players coming forward and sharing their devastating stories of trauma during their time as part of the team.</p> <p>In the report conducted by <a href="https://www.abc.net.au/news/2022-09-21/alastair-clarkson-and-chris-fagan-named-in-hawks-review/101452320" target="_blank" rel="noopener">ABC Sport</a>, coaches Alastair Clarkson and Chris Fagan were named among a group of AFL leaders for allegedly encouraging an Indigenous player to convince his partner to terminate their pregnancy and then split from her, for the sake of the player's career.</p> <p>The report initially began as an investigation into the club's treatment of Indigenous players, and quickly unearthed a much greater issue within the club.</p> <p>An unidentified player, who was allegedly told to encourage his partner to terminate a pregnancy, claimed it was Clarkson who “leaned over me and demanded that I needed to get rid of my unborn child and my partner”.</p> <p>“I was then manipulated and convinced to remove my SIM card from my phone, so there was no further contact between my family and me,” the footballer told the ABC.</p> <p>“He told me to kill my unborn kid.”</p> <p>The player was then allegedly moved from his home, which he shared with his partner and child, prompting a series of suicide attempts from the player.</p> <p>“They broke me as a man, a footballer and as a family man,” he told the ABC.</p> <p>In a similar instance, another player was allegedly forced to live away from his partner and newborn child for months at a time, which triggered a "mental health crisis" for the recent draftee, who also attempted suicide five times.</p> <p>A third player also came forward against the club, saying Clarkson and Fagan allegedly came to his house at night to relocate him from his pregnant partner, whom he was then unable to contact.</p> <p>When his partner unfortunately miscarried weeks later, he was informed by the coaches at a training session “in a ‘by the way’ kind of comment”.</p> <p>Following the publishing of the damning report, Hawthorn responded to the allegations in a lengthy statement.</p> <p>“The club places the best interests and welfare of our players and staff as our number one priority," the statement read.</p> <p>It went on to say further investigation is required into the historical allegations, and further First Nations training and development programs "should be strengthened".</p> <p>“Given the matters raised are confidential, the club will not provide any further comment at this time,” the statement concludes.</p> <p>The AFL also released a statement, declaring the re-investigation of the claims.</p> <p>“The AFL is committed to providing a safe, welcoming and culturally appropriate environment for all players and staff throughout the industry, ensuring that physical, mental and emotional welfare is a key priority for all in our sport,” it said.</p> <p>“The experiences outlined in the document are extremely serious and require further and full examination."</p> <p>“We are committed to the welfare of all involved. Once we have spoken to those who have shared their experiences, we will be able to provide an update on the next steps in the investigation.”</p> <p>After hearing the findings of the report, sports commentators around Australia chimed in, with Indigenous football media personality Shelley Ware writing “anger resonates through me”.</p> <p>“I will be watching for what happens next for Clarkson, Fagan and Burt closely as I have my wishes,” she posted in a comment online.</p> <p>Australian journalist Alan Sunderland wrote, “The ramifications of this story can and should go far beyond just Hawthorn", while The ABC’s Penny Timms wrote, “This is beyond horrific. Action must be taken against those responsible”.</p> <p><em>Image credits: Getty Images</em></p>

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Tips on how to take a great profile picture

<p>It’s not all about looks but a profile picture says a thousand words in the online dating world. It’s what draws someone in to read your profile and who knows what can happen after that. Choosing the perfect pic can be a daunting task – that many people unfortunately get wrong – so we’ve got some top tips to help put your best photo forward and ensure you don’t upload anything cringe-worthy.</p> <p><strong>Lighting</strong></p> <p>Make sure you take your photo in a well-lit area so people can see your face clearly. Nobody looks nice in the shadows – and people will tend to think you’re hiding something if they cannot clearly see you. Try and take the picture outside as natural light is much more flattering than indoor lighting.</p> <p><strong>Right distance</strong></p> <p>You don’t want to be so far away in the photo that people can’t see you clearly – that defeats the purpose of a profile picture.</p> <p><strong>Make eye contact</strong></p> <p>The old saying – the eyes are the window to a person soul – rings true for profile pictures. Eye contact is important for establishing a connection even online. Making eye contact through a picture says that you’re open, welcoming and helps someone engage with your picture.</p> <p><strong>Use a proper camera</strong></p> <p>These days it’s never been easier to take a photo especially with our smartphones and tablets. However, often the quality isn’t the best when you upload it onto a computer. Use a digital camera and take plenty of options. People often despair after a few shots but in our wonderful world of technology, take a few dozen photos until you find the one you like.</p> <p><strong>Dress to impress</strong></p> <p>This doesn’t mean expensive or flashy clothing, simply choose clothes that you are comfortable and feel great in. If you feel good, you will look good in your photos! Steer clear of clothes with big and busy patterns though as they can distract potential dates from the real subject of the photo – you. No hats or sunglasses either.</p> <p><strong>Relax and smile!</strong></p> <p>Feeling comfortable is key to taking a great photo. Get a good friend to take the photo for you and distract yourself by having a conversation. Don’t focus on having the photo taken and you’ll get a relaxed and natural looking picture. However, the most important thing is to smile! Nothing is more attractive than a big warm smile.</p> <p><em>Image: Getty</em></p>

Relationships

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George Floyd deserved a better life

<p>George Perry Floyd, Jr. was murdered when Minneapolis police officer Derek Chauvin sank his knee into Floyd’s neck for nine minutes and 29 seconds. Video footage went viral within hours, helping to inspire protests against racism and police violence that lasted all the American summer of 2020.</p> <p>But while the size of the protests was unprecedented, the activism of that summer had <a href="https://theconversation.com/the-fury-in-us-cities-is-rooted-in-a-long-history-of-racist-policing-violence-and-inequality-139752" target="_blank" rel="noopener">deep roots</a>. Journalists across the United States and indeed the world, focused attention on that history of protest, as they had done during the 2014 police killings of Eric Garner, choked to death in New York, and Michael Brown, shot in Ferguson, Missouri.</p> <p>At the Washington Post, reporters and researchers devoted significant resources to a six-part series, <a href="https://www.washingtonpost.com/nation/2020/10/12/george-floyd-america/" target="_blank" rel="noopener">George Floyd’s America</a>. Now, two of those journalists, Robert Samuels and Toluse Olorunnipa, have expanded the work into a book: <a href="https://www.penguinrandomhouse.com/books/703358/his-name-is-george-floyd-by-robert-samuels-and-toluse-olorunnipa/" target="_blank" rel="noopener">His Name Is George Floyd: One Man’s Life and the Struggle for Racial Justice</a>.</p> <p>When Floyd was born in 1973, 200,000 people were incarcerated in the US. By the time of his death, as Samuels and Olorunnipa point out, that number exceeded 2 million. The proportionate rate of growth of that number in <a href="https://usafacts.org/data/topics/security-safety/crime-and-justice/jail-and-prisons/prisoners/?utm_source=usnews&amp;utm_medium=partnership&amp;utm_campaign=fellowship&amp;utm_content=bracketed_link" target="_blank" rel="noopener">Texas</a>, where Floyd grew up, is even worse. <a href="https://www.usnews.com/news/best-states/articles/2021-10-13/report-highlights-staggering-racial-disparities-in-us-incarceration-rates" target="_blank" rel="noopener">African Americans are locked up at 4.75 times the rate of white Americans; Latinos at 1.3 times the rate</a>.</p> <p>This <a href="https://www.sentencingproject.org/wp-content/uploads/2021/05/intl-rates.png" target="_blank" rel="noopener">extraordinary rate of incarceration</a> is a political choice rather than a reflection of more violent criminals being locked up. Rates of incarceration <a href="https://citeseerx.ist.psu.edu/viewdoc/download;jsessionid=ED19CF648065ABC51FE1605ED5D77E32?doi=10.1.1.462.6544&amp;rep=rep1&amp;type=pdf" target="_blank" rel="noopener">increase</a> with political conservatism and the increased rates of poverty, income inequality and unemployment that accompany that conservatism. Extensive investment in prisons, jails and police forces has created a self-perpetuating system that evolves by producing the very criminals it locks up.</p> <p>This life-and-times biography poignantly depicts the mechanisms by which African Americans, especially male children and adults, become disproportionately the fodder for that system. A long history of racism, it might be said, funnelled George Floyd to prison.</p> <h2>The grandson of sharecroppers</h2> <p>Floyd’s two parents were both born to <a href="https://www.merriam-webster.com/dictionary/sharecropper" target="_blank" rel="noopener">sharecroppers</a> in North Carolina. The cycle of poverty in which they were trapped was not of their own making. Black Americans have been prevented from building wealth from the moment slavery ended.</p> <p>Floyd’s great-great-grandfather, for example, who was born into slavery in 1857, amassed land worth $US30,000 in 1920, but his white neighbours stole it from him by a mixture of fraud underpinned by the threat of violence. That tale is absolutely typical for a majority of Black families in the US South.</p> <p>The knock-on effects have been intensified by government policies that meant for generations, Black Americans had <a href="https://theconversation.com/to-see-the-legacy-of-slavery-look-at-present-day-school-systems-43896" target="_blank" rel="noopener">fewer opportunities for education</a>; <a href="https://www.nytimes.com/2020/06/25/opinion/sunday/race-wage-gap.html" target="_blank" rel="noopener">earned</a> <a href="https://www.washingtonpost.com/business/2020/06/04/economic-divide-black-households/" target="_blank" rel="noopener">less</a> even for the same work; and were <a href="https://www.npr.org/2021/11/17/1049052531/racial-covenants-housing-discrimination" target="_blank" rel="noopener">prevented</a> <a href="https://aas.princeton.edu/news/2020-pulitzer-prize-finalist-history-race-profit-how-banks-and-real-estate-industry-undermined" target="_blank" rel="noopener">from buying property</a> that would <a href="https://www.vox.com/identities/2019/12/4/20953282/racism-housing-discrimination-keeanga-yamahtta-taylor" target="_blank" rel="noopener">build wealth over generations</a>.</p> <p>Desperate for a better life for her three children, Floyd’s mother uprooted them to Houston, Texas, when Floyd was four. There, they lived in public housing in the segregated <a href="https://www.gpb.org/news/2020/07/20/george-floyds-third-ward-reflections-on-the-neighborhood-made-him" target="_blank" rel="noopener">Third Ward</a>.</p> <p>Government policies that requisitioned homes from Black residents elsewhere in Houston had forced them into this section of the city. In the Cuney Homes development, known as “the Bricks,” even today the median income is <a href="https://www.washingtonpost.com/politics/george-floyd-neighborhood-stimulus/2021/04/09/59f57e7c-9623-11eb-962b-78c1d8228819_story.html" target="_blank" rel="noopener">US$15,538</a>, well under half the <a href="https://fred.stlouisfed.org/series/MEPAINUSA672N" target="_blank" rel="noopener">national average</a>.</p> <p>Floyd attended the local Jack Yates Senior High School, opened in 1926 when education was segregated by race and never the equal of other Houston schools catering to white children. As Floyd grew to 193 centimetres tall, he learned to offset the alarm that his size and colour induced in people.</p> <p>He became self-deprecating and deliberately easy-going, charming people across generations everywhere he went. Excelling at football, he secured entry to college.</p> <p>But Floyd’s dreams of playing pro football were stymied by his academic achievements. Never good at tests, Floyd fell behind by middle school and struggled to graduate high school. There were just not the resources in the schools to make up for living in poverty in an overcrowded flat with the responsibilities of caring for relatives.</p> <p>After four years at two colleges, Floyd dropped out and returned to Houston. Not long after, he was arrested for the first time for selling drugs.</p> <p>Samuels and Olorunnipa do an extremely good job of showing that at every node along the passage toward being turned into fodder for the prison-industrial complex, Floyd’s chance of escape was significantly less than that of a white man of the same age. Reading how Floyd’s options narrowed, it was impossible not to share his frustration and despair.</p> <h2>Forensic exposé of injustice</h2> <p>Quotas for arrests meant police sought the “low-hanging fruit” of petty drug dealing done on the streets. Misconduct charges for these police officers are common: the cop who arrested Floyd in 1997 for selling drugs was sacked in 2002 after being charged with theft and hampering arrest. The officer who arrested Floyd in 2004 was “later accused of falsifying charges in hundreds of drug cases, including the one involving Floyd.”</p> <p>Chauvin himself had faced <a href="http://complaints.cuapb.org/police_archive/officer/2377/" target="_blank" rel="noopener">29 charges</a> of misconduct and internal investigations prior to murdering Floyd. (Only 18 appear on the city’s police internal affairs records.) But because <a href="https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder" target="_blank" rel="noopener">records of “decertification” are patchy</a>, such “wandering” officers can often get themselves <a href="https://www.pbs.org/newshour/nation/wandering-cops-moving-from-department-to-department-is-a-roadblock-to-police-accountability" target="_blank" rel="noopener">rehired</a>.</p> <p>The officers can stay unaccountable by targeting impoverished men who, unable to afford lawyers, are more likely to accept plea deals. Floyd was never tried by jury; he rather accepted eight plea deals.</p> <p>He knew that even if he got to court, the decision was unlikely to be positive because the state of Texas does not provide public defenders. Rather, the court pays for a private lawyer to defend those who can’t afford their own representation. Judges in Harris County, where Houston is located, more often than not will appoint lawyers who had donated to their election campaigns.</p> <p>In 2007, police arrested Floyd for a violent assault on evidence provided by a dubious photo ID process. (It has since been improved.) Facing up to 40 years of prison, a reluctant Floyd accepted a plea deal for five.</p> <p>Claustrophobia made Floyd’s time in prison difficult, and yet he discovered that none of the mental health, drug addiction, or education programs included in legislation such as the notorious <a href="https://www.brennancenter.org/our-work/analysis-opinion/1994-crime-bill-and-beyond-how-federal-funding-shapes-criminal-justice" target="_blank" rel="noopener">1994 Crime Bill</a>, which sloshed billions of dollars into prison building, were available. As the authors point out, it was only after the <a href="https://www.communitycatalyst.org/blog/how-structural-racism-fuels-the-response-to-the-opioid-crisis#.YtX8puxBxqs" target="_blank" rel="noopener">opioid crisis</a> hit white communities that such funds were expended. In short, whereas policymakers declared crack cocaine a crime problem, they saw opiate addictions, more commonly associated with white people, as an epidemic or public health emergency.</p> <p>The man responsible for prosecuting the case against Derek Chauvin, Jerry Blackwell, knew well the racism inherent at every level of what we uncritically call “the criminal justice system.”</p> <p>Blackwell anticipated the defence would claim that Floyd’s drug use or some physical anomaly was the reason he had died. He therefore required an independent medical examiner review the coronial findings into Floyd’s death.</p> <p>That person, and the examiner who worked for the Floyd family in the civil case against the city of Minneapolis (which the city settled before trial for a <a href="https://www.npr.org/2021/03/13/976785212/minneapolis-agrees-to-pay-27-million-to-family-of-george-floyd" target="_blank" rel="noopener">record $US27 million</a>), both questioned whether the autopsy had been conducted correctly. Specifically, they doubted whether the incisions made on Floyd’s body were sufficient to ascertain the cause of death. And, indeed, the defence claimed that Floyd’s drug use and a supposedly enlarged heart had contributed to his death.</p> <p>This was not unique; as the authors report, in 2021 researchers found evidence that medical examiners “had misclassified or covered up nearly 17,000 deaths that involved police between 1980 and 2018”.</p> <p>All this detail might make the book sound dull, but the research is woven lightly through the account of Floyd’s life so as to maintain momentum. We learn too about Floyd’s family, friends, girlfriends, and his young daughter Gianna. The authors bring to life Floyd’s ability to take people as he found them, underpinned by a deep Christian faith in God.</p> <h2>Activism</h2> <p>The final third of the book, which focuses on events after Floyd’s death, is also gripping. Even as we know the outcome, the twists and turns in the criminal case against Chauvin make for heart-in-the-mouth reading. Chauvin was <a href="https://theconversation.com/relief-at-derek-chauvin-conviction-a-sign-of-long-history-of-police-brutality-159212" target="_blank" rel="noopener">convicted of murder and manslaughter</a> and is serving a 22-and-a-half year sentence. And in <a href="https://www.theguardian.com/us-news/2022/jul/07/derek-chauvin-sentenced-violating-george-floyd-civil-rights" target="_blank" rel="noopener">early July</a> a federal judge sentenced Chauvin to 21 years in prison for violating George Floyd’s civil rights – the sentence will be served concurrently.)</p> <p>Even more striking is the depiction of the bravery of protestors in Minneapolis and of Floyd’s family members, especially his brother, Philonise Floyd, as they seized an opportunity they never wanted – as spokespeople for justice.</p> <p>Joined by the civil rights veterans, the Reverends Jesse Jackson and Al Sharpton, Philonise campaigned hard for federal legislation to reform policing. Republican opposition to the hardest-hitting sections of the <a href="https://www.congress.gov/bill/117th-congress/house-bill/1280" target="_blank" rel="noopener">George Floyd Justice in Policing Act</a>, introduced to Congress in February 2021 by Rep. Karen Bass, meant the bill foundered – and has still not been passed.</p> <p>Unlike all the earlier sections of the book, the activism around police and legislative reform is not given quite the context it deserves. Although Samuels and Olorunnipa interviewed 400 people for their book, activists who have long campaigned against police brutality and for the <a href="https://www.versobooks.com/books/2426-the-end-of-policing" target="_blank" rel="noopener">dismantling</a> of the entire criminal justice system in favour of a society built on <a href="https://www.teenvogue.com/story/what-is-prison-abolition-movement" target="_blank" rel="noopener">equal distribution of resources</a>, such as <a href="https://www.youtube.com/watch?v=oVjMNMG6Mxo" target="_blank" rel="noopener">Angela Davis</a> and <a href="https://www.nytimes.com/2019/04/17/magazine/prison-abolition-ruth-wilson-gilmore.html" target="_blank" rel="noopener">Ruthie Wilson Gilmore</a>, do not appear.</p> <p>Nor is there much comment on the <a href="https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder" target="_blank" rel="noopener">efficacy of prior efforts</a> to reform the criminal justice system via legislation. Banning choke-holds, for instance, will not end police murders when Black lives are still not regarded as mattering as much as those of white people.</p> <p>This criticism aside, His Name is George Floyd is a monumental achievement – a work of activism in itself.</p> <p>Bringing Floyd vividly to life, it makes an impassioned and persuasive plea for the dignity and preciousness of life. The book’s cover deliberately evokes the <a href="https://www.torranceartmuseum.com/staffpicks/2021/1/7/i-am-a-man-written-by-hope-ezcurra" target="_blank" rel="noopener">posters held aloft during the 1968 workers’ strike in Memphis, Tennessee</a> (when Martin Luther King, Jr. was killed), that proclaimed “I Am a Man.”</p> <p>George Floyd was a man, too, who deserved a better life.</p> <p><strong>This article originally appeared on <a href="https://theconversation.com/george-floyd-deserved-a-better-life-a-new-book-charts-his-trajectory-from-poverty-to-the-us-prison-industrial-complex-and-the-impact-of-his-death-182947" target="_blank" rel="noopener">The Conversation</a>.</strong></p> <p><em>Images: Penguin</em></p>

Books

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Channel Nine presenter racially vilified

<p dir="ltr">Tracy Vo has been the subject of disgusting racial comments while out with her partner for breakfast. </p> <p dir="ltr">The Channel Nine Perth news presenter was enjoying breakfast with her boyfriend Liam Connolly when she was approached by a random lady who then attacked her racially. </p> <p dir="ltr">She shared the awful experience on Twitter, but said she refused to let the incident put her down after her partner stepped in. </p> <p dir="ltr">“To the lady who reminded us that intolerant and close minded people still exist, sorry for ruining your day,” she wrote.</p> <p dir="ltr">“When you tried to ruin a lovely breakfast I was having with my partner at our local cafe yesterday, you didn’t.</p> <p dir="ltr">“When you labelled my family communists, I laughed it off.</p> <p dir="ltr">“When you tried to convince my partner, who’s of Irish heritage, to ‘not be had by this Asian woman’, he politely asked you to move along. </p> <p dir="ltr">“He was calm and I was smiling…sorry lady, we won’t be had by you.”</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">To the lady who reminded us that intolerant and close minded people still exist, sorry for ruining your day. When you tried to ruin a lovely breakfast I was having with my partner at our local cafe yesterday, you didn’t. When you labelled my family communists, I laughed it off…</p> <p>— Tracy Vo (@Tracy_Vo) <a href="https://twitter.com/Tracy_Vo/status/1551717376806137856?ref_src=twsrc%5Etfw">July 25, 2022</a></p></blockquote> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">When you tried to convince my partner, who’s of Irish heritage, to “not be had by this Asian woman,” he politely asked you to move along. </p> <p>He was calm and I was smiling… sorry lady, we won’t be had by you ☺️</p> <p>— Tracy Vo (@Tracy_Vo) <a href="https://twitter.com/Tracy_Vo/status/1551717534914605056?ref_src=twsrc%5Etfw">July 25, 2022</a></p></blockquote> <p dir="ltr">Tracy received a lot of support for her stance with many apologising that she had to go through that. </p> <p dir="ltr">“I'm so sorry this happened to you TVo. Absolutely vile,” her fellow Channel Nine colleague Natalia Cooper wrote.</p> <p dir="ltr">“Can’t believe this s*** still happens. You are a star for remaining so calm my babes. More class than anyone! Sending you love,” Channel Nine Perth weather presenter Scherri-Lee Biggs commented.</p> <p dir="ltr">“I am so sorry this happened.  It really shouldn't in this day and age, but there's no knowing what people have been subjected to in their own lives to make them think this way.  Love your positive attitude,” another commented. </p> <p dir="ltr">“Good on you for keeping calm! Stay strong!” someone else wrote. </p> <p dir="ltr"><em>Images: Instagram</em></p>

TV

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"Heartbroken": High-profile women react to landmark Roe v Wade decision

<p>When the US Supreme Court made the landmark decision to overturn Roe v. Wade on Friday June 24, women across America and all around the world took to social media to express their anger, disgust, sadness and outrage.</p> <p>A range of celebrities and high-profile women spoke out over the decision, as they grieved the loss of fundamental women's right and bodily autonomy in the eyes of the law.</p> <p>Roe v. Wade was implemented to grant women in the US the constitutional right to terminate a pregnancy, regardless of their reasoning.</p> <p>The landmark abortion ruling, which has been in place since 1973, was officially overturned last week, meaning individual states in America now have the right to ban women from seeking legal abortions – which several states have now already done.</p> <p>Australian model Robyn Lawley made a statement on her Instagram as she wrote on her torso, "My body my choice".</p> <p>The model shared her disgust for the ruling, while also empathising with women living the US of the challenges they are about to face.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/CfOyiHmO1ud/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CfOyiHmO1ud/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Robyn Lawley (@robynlawley)</a></p> </div> </blockquote> <p>Former First Lady Michelle Obama posted an emotional statement online, which has been shared millions of times by men and women alike who are in disarray over the ruling.</p> <p>In the statement she wrote, "I am heartbroken that we may now be destined to learn the painful lessons of a time before Roe was made law of the land - a time when women risked their lives getting illegal abortions."</p> <p>"That is what our mothers and grandmothers and great-grandmothers lived through, and now we are here again."</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/CfMSJTKu_XY/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CfMSJTKu_XY/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Michelle Obama (@michelleobama)</a></p> </div> </blockquote> <p>Pop star Taylor Swift was one of the many who reposted Obama's message, adding, "I'm absolutely terrified that this is where we are – that after so many decades of people fighting for women's rights to their own bodies, today's decision has stripped us of that."</p> <p>Kim Kardashian echoed the thoughts of many as she shared that "In America, guns have more rights than women," as the overturning of Roe v. Wade has somehow taken priority over tighter gun restrictions, despite there being over <a href="https://www.washingtonpost.com/nation/2022/06/02/mass-shootings-in-2022/" target="_blank" rel="noopener">250 mass shootings in 2022</a> so far.</p> <p>Hillary Clinton also chimed in on the decision, saying overturning Roe v. Wade is "a step backward".</p> <p>"Most Americans believe the decision to have a child is one of the most sacred decisions there is, and that such decisions should remain between patients and their doctors," Clinton said.</p> <p>"Today's Supreme Court opinion will live in infamy as a step backward for women's rights and human rights."</p> <p>Everyday women across America shared their fear over the ruling, with many encouraging others to delete their period tracking apps, to have real conversations with their partners about their intimacy, and to start savings accounts to travel out of their state for an abortion if needed.</p> <p>As protestors took to the steps of the Supreme Court to protest the overturning of Roe v. Wade, online spaces were dominated with anger, as "my body, my choice" began trending on Twitter and became the battle cry for the women of the United States and around the world.</p> <p><em>Image credits: Getty Images</em></p>

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Hulu’s ‘The Handmaid’s Tale’ casts Canada as a racial utopia

<p>When Hulu’s series <em>The Handmaid’s Tale</em> premiered in 2017, reviewers noted <a href="https://www.nytimes.com/2017/04/24/arts/television/review-the-handmaids-tale-creates-a-chilling-mans-world.html">its gripping drama and dystopian exploration</a> of rape culture and <a href="https://www.theguardian.com/commentisfree/2017/dec/26/the-handmaids-tale-year-trump-misogyny-metoo">misogyny at a time when both were hallmarks of Donald Trump’s presidency</a>.</p> <p>The series is adapted from Canadian author Margaret Atwood’s 1985 dystopian novel. It has won numerous awards and was recently renewed for <a href="https://www.elle.com/culture/movies-tv/a35130606/handmaids-tale-season-5-news-date-cast-spoilers-trailer/">a fifth season</a>. But some commentators, including writer Ellen E. Jones, have <a href="https://www.theguardian.com/tv-and-radio/2017/jul/31/the-handmaids-tales-race-problem">criticized the series for its use of colour-blind casting that created inclusivity but otherwise ignored race in storylines</a>. Others, including Noah Berlatsky, have analyzed how both the series and novel <a href="https://www.theverge.com/2017/6/15/15808530/handmaids-tale-hulu-margaret-atwood-black-history-racial-erasure">erase Black people’s history</a>.</p> <p>Our research examines representations of <a href="https://www.upress.state.ms.us/Books/R/Race-in-Young-Adult-Speculative-Fiction">race in speculative fiction</a> and of <a href="https://www.mqup.ca/reading-between-the-borderlines-products-9780773555136.php">Canada in U.S. literature</a>, leading us to notice how Hulu’s series represents race and national difference.</p> <p>The show positions Canada as a morally superior nation that has rejected the dystopian society’s repressive and exclusionist thinking. This is especially apparent in Season 4’s focus on characters’ escape to Canada, a theme that references older abolitionist narratives. In so doing, the show obscures Canada’s history of slavery, colonialism and racism.</p> <p><iframe width="440" height="260" src="https://www.youtube.com/embed/81PyH5TH-NQ?wmode=transparent&amp;start=0" frameborder="0" allowfullscreen=""></iframe> </p> <h2>Atwood’s dystopian world</h2> <p>Both the novel and show draw on U.S. history to imagine a dystopian world facing an unexplained fertility crisis. Gilead, a <a href="https://lithub.com/margaret-atwood-on-how-she-came-to-write-the-handmaids-tale">theocratic nation led by religious fundamentalists</a>, has overthrown the U.S. government. Atwood’s female narrator is an <a href="https://go.gale.com/ps/i.do?id=GALE%7CA206534450&amp;sid=googleScholar&amp;v=2.1&amp;it=r&amp;linkaccess=abs&amp;issn=00294047&amp;p=AONE&amp;sw=w&amp;userGroupName=anon%7Ec0791e64">educated white woman</a> forced to become a “handmaid.” Each month, a commander rapes her in a religious fertility ceremony. Babies born to handmaids are raised by commanders and their wives. The sole purpose of the handmaids is to rebuild Gilead’s population.</p> <p>Writer Priya Nair explains that Atwood’s novel draws on the historical <a href="https://www.bitchmedia.org/article/anti-blackness-handmaids-tale">oppression of Black enslaved women and applies it to fictional white women</a>. For example, <a href="https://www.routledge.com/Dark-Horizons-Science-Fiction-and-the-Dystopian-Imagination/Moylan-Baccolini/p/book/9780415966146">handmaids who are disobedient</a> are beaten or hanged.</p> <p>Despite clear parallels to slavery, Atwood only obliquely references slavery when the narrator <a href="https://msmagazine.com/2017/05/02/whats-not-said-handmaids-tale/">explains that the “Children of Ham</a>” have been relocated to the Dakotas. “Children of Ham” is a Biblical phrase that was <a href="https://www.nytimes.com/2003/11/01/arts/from-noah-s-curse-to-slavery-s-rationale.html">used historically to justify enslaving Africans</a>.</p> <p>Nair also notes that the novel focuses on white women’s oppression, while seemingly ignoring “the historical realities of an American dystopia founded on anti-Black violence.”</p> <p><img src="https://images.theconversation.com/files/433508/original/file-20211123-26-1jbixok.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" alt="A crowd of women, of white, Black and Asian identities, seen in cloaks and bonnets." /> <span class="caption">Actors are seen at the filming of Handmaid’s Tale at Lincoln Memorial in Washington, D.C., February 2019.</span> <span class="attribution"><span class="source">(Victoria Pickering/Flickr)</span>, <a href="http://creativecommons.org/licenses/by-nc-nd/4.0/" class="license">CC BY-NC-ND</a></span></p> <p>While the novel relies on historical experiences of Black Americans, its characters are predominantly white, a feature of Gilead that Atwood maintains in the 2019 follow-up <em>The Testaments</em>. As reviewer Danielle Kurtzleben notes, in this second instalment: “<a href="https://www.npr.org/2019/09/03/755868251/the-testaments-takes-us-back-to-gilead-for-a-fast-paced-female-centered-adventur">Readers hoping to hear more about race in Gilead will be sorely disappointed</a>.”</p> <p>Atwood intentionally framed Gilead as both misogynist and racist: <a href="https://www.theverge.com/2017/6/15/15808530/handmaids-tale-hulu-margaret-atwood-black-history-racial-erasure">the theocracy is interested only in reproducing white babies and, therefore, only enslaving white women</a>.</p> <h2>Colour-blind casting in Hulu’s adaptation</h2> <p>In adapting the novel, Hulu relied on a diverse cast of actors. <a href="https://www.imdb.com/name/nm0005253/?ref_=fn_al_nm_1">White actor Elisabeth Moss</a> plays June and <a href="https://blackbookmag.com/arts-culture/essay-the-handmaids-tale-star-o-t-fagbenle-on-racial-fairness-in-the-entertainment-industry/">Black British actor</a> <a href="https://www.imdb.com/name/nm1282966/?ref_=fn_al_nm_1">O-T Fagbenle</a> portrays her husband Luke. <a href="https://www.bustle.com/p/samira-wiley-on-doing-right-by-her-handmaids-tale-character-her-wife-the-queer-black-community-herself-8732193">Black actor</a> <a href="https://www.imdb.com/name/nm4148126/?ref_=fn_al_nm_1">Samira Wiley</a> was cast as June’s best friend Moira. Actors of colour portray characters of all class positions in Gilead’s society.</p> <p><img src="https://images.theconversation.com/files/433506/original/file-20211123-25-401rkr.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=237&amp;fit=clip" alt="A Black woman dressed glamorously in red lipstick is seen arriving at an event in front of a Hulu / Handmaid's Tale sign." /></p> <p><span class="caption">Samira Wiley, who plays Moira, arrives for ‘The Handmaid’s Tale’ FYC Phase 2 Event in August 2017 in Los Angeles, Calif.</span> <span class="attribution"><span class="source">(Shutterstock)</span></span></p> <p><a href="https://www.imdb.com/name/nm0588005/">Executive producer Bruce Miller</a> acknowledges that <a href="https://www.theguardian.com/tv-and-radio/2017/jul/31/the-handmaids-tales-race-problem">he cast actors of colour</a> in many roles to avoid creating an all-white world, which would result in a racist TV show. The show doesn’t address race, he explained, because: “<a href="https://www.theguardian.com/tv-and-radio/2017/jul/31/the-handmaids-tales-race-problem">It just felt like in a world where birth rates have fallen so precipitously, fertility would trump everything</a>.”</p> <p>The show then relies on colour-blind casting and <a href="https://www.washingtonpost.com/news/arts-and-entertainment/wp/2017/06/16/the-handmaids-tale-proves-that-colorblind-casting-isnt-enough/">colour-blind storytelling</a>.</p> <p>In Atwood’s novel, Canada is <a href="https://the-handmaids-tale.fandom.com/wiki/Canada">the place to which handmaids escape</a>, fleeing there on the Underground Femaleroad — a term that clearly invokes <a href="https://www.thecanadianencyclopedia.ca/en/article/underground-railroad">the Underground Railroad</a>.</p> <p>In Hulu’s series, handmaids — <a href="https://www.imdb.com/title/tt5931656/?ref_=ttep_ep10">including Moira</a> — escape from Gilead to Canada where they find protection and safety, and are able to rebuild their lives. The series draws on older literary traditions that have been integral to maintaining the myth of Canada as free from racism.</p> <h2>Draws on abolitionist narratives</h2> <p>In the 1840s and 1850s, U.S. abolitionist authors intentionally represented Canada as a racial haven. By casting <a href="https://www.utpjournals.press/doi/abs/10.3138/jcs.2020-0025">Canada as morally superior</a>, abolitionists imagined what the U.S. might look like if slavery were abolished.</p> <p>Abolitionist authors like Black songwriter and poet <a href="https://southernspaces.org/2020/white-people-america-1854/">Joshua McCarter Simpson</a> and white novelist <a href="https://www.harrietbeecherstowecenter.org/harriet-beecher-stowe/harriet-beecher-stowe-life/">Harriet Beecher Stowe</a> celebrated Canada as a place that resisted racial violence and provided legal protection for Black refugees fleeing U.S. slavery.</p> <p>Some abolitionists sought to capture the nuanced accounts of Black refugees in Canada. Abolitionist editor <a href="https://docsouth.unc.edu/neh/drew/drew.html">Benjamin Drew</a> published oral testimonies of Black refugees, including their experiences of racism in Ontario.</p> <p>Others, like Stowe, minimized the difficulties of the lived experiences of Black Canadians, focusing on stories of Black success in Canada. These celebratory narratives dominated representations of Canada in U.S. literature.</p> <h2>Canada as utopia?</h2> <p><img src="https://images.theconversation.com/files/433513/original/file-20211123-20-1n4hkjj.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=237&amp;fit=clip" alt="A group of women in red cloaks and bonnets are seen walking by a cluster of trees outside." /></p> <p><span class="caption">Hulu’s ‘The Handmaid’s Tale’ escape-to-Canada stories draw on historical narratives by abolitionists.</span> <span class="attribution"><span class="source">(Victoria Pickering/Flickr)</span>, <a href="http://creativecommons.org/licenses/by-nc-nd/4.0/" class="license">CC BY-NC-ND</a></span></p> <p><a href="https://www.chairs-chaires.gc.ca/chairholders-titulaires/profile-eng.aspx?profileId=4528">Literary scholar Nancy Kang</a> argues these abolitionist stories constructed an “<a href="https://www.jstor.org/stable/40033673">allegory of Canadian freedom reigning triumphant over American bondage</a>.”</p> <p>Hulu’s <em>The Handmaid’s Tale</em> escape-to-Canada stories draw on these historical narratives. The handmaid Emily, portrayed by white actor <a href="https://www.imdb.com/name/nm0088127/">Alexis Bledel</a>, escapes Gilead dramatically, entering Canada by <a href="https://www.imdb.com/title/tt8363118/?ref_=ttep_ep1">wading across a rushing river</a>, nearly losing June’s daughter. Once across, she weeps over the baby, recreating an iconic scene from Stowe’s <a href="http://utc.iath.virginia.edu/uncletom/uthp.html"><em>Uncle Tom’s Cabin</em></a>, when the enslaved Eliza escapes slave-catchers by fleeing across a river with her child.</p> <p>Later in the episode, an Asian Canadian doctor welcomes Emily to Canada, saying: “You’re safe here.”</p> <p>On some level, Hulu’s use of colour-blind casting, as Berlatsky notes, “addresses the narrative’s debt to African-American history.” But viewers are still watching an adaptation of a novel whose emotional horror is based on imagining violent, racist aspects of U.S. history <a href="https://www.theverge.com/2017/6/15/15808530/handmaids-tale-hulu-margaret-atwood-black-history-racial-erasure">as if the atrocities happened to white people</a>.</p> <h2>Myths of Canada</h2> <p>The series avoids Canada’s history of anti-Black racism, slavery and state violence against Black bodies, as detailed by gender studies and Black/African diaspora scholar <a href="https://wgsi.utoronto.ca/person/robyn-maynard/">Robyn Maynard</a> in <a href="https://fernwoodpublishing.ca/book/policing-black-lives"><em>Policing Black Lives: State Violence in Canada from Slavery to the Present</em></a>. It also overlooks Canada’s colonial <a href="https://www.rcaanc-cirnac.gc.ca/eng/1450124405592/1529106060525">violence toward Indigenous peoples</a>. These <a href="https://theconversation.com/canadas-shameful-history-of-sterilizing-indigenous-women-107876">forms of violence</a> are intertwined with seeking control over women’s reproductive rights and sexual freedom.</p> <p>The series also overlooks Canada’s history of <a href="https://www.thecanadianencyclopedia.ca/en/article/chinese-immigration-act">racist immigration</a> <a href="https://www.cbc.ca/archives/entry/auschwitz-jews-not-welcome-in-wartime-canada">and asylum</a> policies.</p> <p>Hulu’s series does explore some of the consequences of patriarchal oppression. But the show’s positioning of Canada as a racial haven obscures <a href="https://www.thecanadianencyclopedia.ca/en/article/racism">its history</a> and the <a href="https://www.cbc.ca/firsthand/m_blog/dont-believe-the-hype-canada-is-not-a-nation-of-cultural-tolerance">contemporary reality of racism</a> experienced by BIPOC women and communities in Canada.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/167766/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><span><a href="https://theconversation.com/profiles/miranda-green-barteet-1254372">Miranda Green-Barteet</a>, Associate Professor, Gender, Sexuality, and Women's Studies, <em><a href="https://theconversation.com/institutions/western-university-882">Western University</a></em> and <a href="https://theconversation.com/profiles/alyssa-maclean-1261523">Alyssa MacLean</a>, Assistant Professor, Department of English and Writing Studies, <em><a href="https://theconversation.com/institutions/western-university-882">Western University</a></em></span></p> <p>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/hulus-the-handmaids-tale-casts-canada-as-a-racial-utopia-167766">original article</a>.</p> <p><em>Image: Hulu</em></p>

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