Australia's Online Censorship Regime the Advocacy Coalition Framework and Governance Compared

Australia's Online Censorship Regime The Advocacy Coalition Framework and Governance compared Peter John Chen A thesis submitted for the degree of Doctor of Philosophy of the Australian National University. May 2000. Distribution Copy .. 1 .. Australia's Online Censorship Regime Abstract This study assesses the value of two analytical models explaining particular contemporary political events. This is undertaken through the comparative evaluation of two international models: the Advocacy Coalition Framework and Rhodes's model of Governance. These approaches are evaluated against an single case study: the censorship of computer network ("online") content in Australia. Through comparison evaluation, criticism, and reformulation, these approaches are presented as useful tools of policy analysis in Australia. The first part of the thesis presents the theoretical basis of the research and the methodologies employed to apply them. It begins by examining how the disciplines of political science and public policy have focused on the role of politically-active "interest" groups in the process of policy development and implementation. This focus has lead to ideas about the role of the state actors in policy making, and attempts to describe and explain the interface between public and private groups in developing and implementing public policies. These, largely British and American, theories have impacted upon Australian researchers who have applied these ideas to local conditions. The majority of this part, however, is spent introducing the two research approaches: Paul Sabatier's Advocacy Coalitions Framework and Rod Rhodes's theory of Governance. Stemming from dissatisfaction with research into implementation, Sabatier's framework attempts to show how competing clusters of groups and individuals compete for policy "wins" in a discrete subsystem by using political strategies to effect favourable decisions and information to change the views of other groups. Governance, on the other hand, attempts to apply Rhodes's observations to the changing nature of the British state (and by implication other liberal democracies) to show the importance of self-organising networks of organisations who monopolise power and insulate the processes of decision making and implementation from the wider community and state organs. Finally, the methodologies of the thesis are presented, based on the preferred research methods of the two authors. The second part introduces the case serving as the basis for evaluating the models, namely, censorship of the content of computer networks in Australia between 1987 and 2000. This case arises in the late 1980s with the computerisation of society and technological developments leading to the introduction of, first publicly-accessible computer bulletin boards, and then the technology of the Internet. From a small hobbyists' concern, the uptake of this technology combined with wider censorship issues leads to the consideration of online content by Australian Governments, seeking a system of regulation to apply to this technology. As the emerging Internet becomes popularised, and in the face of adverse media attention on, especially pornographic, online content, during the mid to late 1990s two Federal governments establish a series of policy processes that eventually lead to the introduction of the Broadcasting Services Amendment (Online Services) Act 1999, a policy decision bringing online content into Australia's intergovernmental censorship system. The final part analyses the case study using the two theoretical approaches. What this shows is that, from the perspective of the Advocacy Coalition Framework, debate over online content does not form a substantive policy subsystem until 1995, and within this three, relatively stable, competing coalitions emerge, each pressuring for different levels of action and intervention (from no regulation, to a strong regulatory model). While conflict within the subsystem varied, overall the framework's analysis shows the dominance of a coalition consisting largely of professional and business interests favouring a light, co-regulatory approach to online content. From the perspective of Governance, the issue of online content is subject to a range of intra- and intergovernmental conflict in the period 1995–7, finally settling into a negotiated position where a complex policy community emerges based largely on structurally-determined .. 2 .. Australia's Online Censorship Regime resource dependencies. What this means is that policy making in the case was not autonomous of state institutions, but highly dependent on institutional power relations. Overall, in comparing the findings it becomes apparent that the approaches lack the capacity to fully explain the role of key sovereigns, defined here as those individuals with legal authority over decision making in the policy process, because of their methodological and normative assumptions about the policy process. By showing these individuals as part of wider networks of power-dependencies, and exploring the complex bundle of real, pseudo, symbolic, and nonsense elements that make up a policy, the role of Ministers as "semi-sovereign sovereigns" can be accommodated in the two approaches. .. 3 .. Australia's Online Censorship Regime Contents List of Tables 7 List of Figures List of Images Acronyms and Abbreviations 8 Guide to Referencing 9 Note Regarding Terminology Chapter One: Introduction 11 Introduction The Scientific Paradigm and the Research Philosophy Thesis Structure PART I – Theory Chapter Two: Theoretical Background 17 Introduction Group Theory, Pluralism, and Neo-plural Networks The Origins of Group Theory in Political Science Research Group Theory and Pluralism The Limits of Pluralism: the Neo-pluralist Critique Groups and Networks Australian Views on Groups Theory Introducing the Models: From Problem to Theory Explaining the Implementation Deficit: Sabatier The Limits of State Theory: Rhodes Conclusion Chapter Three: An Overview of the Deductive Theories 42 Introduction The Advocacy Coalition Framework The Policy Subsystem: Focal Point of Analysis Advocacy Coalitions and Subsystem Roles Values and the Importance of Ideas Guidance Instruments A Summary The Rhodes Model of Governance Governance In Context Policy Networks: The Focal Point of Analysis Power-Dependency The Appreciative System and Network Norms A Summary of Rhodes Sabatier and Rhodes Compared Similarities Differences Potential Limitations of the Approaches Conclusion Chapter Four: Methodology 66 Introduction The Case Study Approach Rhodes's Research Methodology Rhodes's Sampling Methods Elite Interviewing .. 4 .. Australia's Online Censorship Regime A Summary Sabatier's Research Methodology Multivariate Clustering Based on Content Analysis A Summary Sabatier's and Rhodes's Methodologies Compared Potential Limitations of the Approaches Additional Methods Utilised Computerised Content Analysis Two Online Applications of the Interview Method Conclusion PART II – Case Chapter Five: Computer Network Content Regulation in Australia 81 Introduction The Backdrop: Censorship in Australia Regulation Defined Rationales Behind Media Regulation in Australia Censorship and Content Regulation Censorship in Australia Recent Trends in Censorship A Summation: Control and Distance The Case: Online Censorship in Australia Defining Computer Networks Bulletin Board System Regulation The Arrival of the Internet in Australia Calling for Regulation The Phoney War: The National Framework for Online Content Regulation A Legislative Muddle: The Bill, the Backlash, and the Backdown Conclusion PART III – Analysis Chapter Six: Results of the Advocacy Coalition Framework 118 Introduction Methodological Introduction Data Base The Coding Process Intercoder Reliability Data Analysis and Results The Pre-issue Period Formation of the Policy Subsystem Stabilisation of the Advocacy Coalitions The "Compromise" Period The Legislative Conflict Subsystem Distribution circa 1999: Implications for the Future Conclusion Chapter Seven: Results of Rhodes's Model of Governance 146 Introduction The Policy Network The Pre-Policy Network Period The Insiders I - Institutional Members The Insiders II - The Interest Groups The Edge - The "Linkers" The Outsiders I - The "Industry" The Outsiders II - The "Community Groups" .. 5 .. Australia's Online Censorship Regime A Typological Identification The "Game" In the Transition - From BBS to Internet The ABA Investigation The NSW Draft Legislation The 1997 Principles The Legislative Debate I: Relations within the Network The Legislative Debate II: The Importance of Institutional Actors Conclusion Chapter Eight: Critique and Reformulation 189 Introduction Perspectives on the Case Study Sabatier Informs Rhodes Rhodes Informs Sabatier Outstanding Questions Surrounding Online Content Regulation Methodological Criticisms The Advocacy Coalition Framework and the Limits of Sample Governance's Abundance and Absence of Information Theoretical Criticisms Criticisms of the Advocacy Coalition Framework Criticisms of Governance Reformulation The Role of the State I: Sovereigns and Institutions Re-emphasised The Role of the State II: The Semi-sovereign State Bringing the Threads Together Conclusion Chapter Nine: In Conclusion 231 Reference List 235 Published Materials Unpublished Materials Appendix 4.1: WWW-Based Interviewing: Pilot Study 264 Appendix 4.2: Example Screenshots From WWW Interviews 267 Appendix 5.1: Media Regulation in Australia 269 Appendix 5.2: Australian Computer

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