The National Symbols Officer of Australia recently wrote to Juice Media, producers of Rap News and Honest Government Adverts, suggesting that its “use” of Australia’s coat of arms violated various Australian laws. This threat came despite the fact that Juice Media’s videos are clearly satire and no reasonable viewer could mistake them for official publications. Indeed, the coat of arms that appeared in the Honest Government Adverts series does not even spell “Australian” correctly.

It is unfortunate that the Australian government cannot distinguish between impersonation and satire. But it is especially worrying because the government has proposed legislation that would impose jail terms for impersonation of a government agency. Some laws against impersonating government officials can be appropriate (Australia, like the U.S., is seeing telephone scams from fraudsters claiming to be tax officials). But the proposed legislation in Australia lacks sufficient safeguards. Moreover, the recent letter to Juice Media shows that the government may lack the judgment needed to apply the law fairly.

In a submission to Parliament, Australian Lawyers for Human Rights explains that the proposed legislation is too broad. For example, the provision that imposes a 2 year sentence for impersonation of a government agency does not require any intent to deceive. Similarly, it does not require that any actual harm was caused by the impersonation. Thus, the law could sweep in conduct outside the kind of fraud that motivates the bill.

The proposed legislation does include an exemption for “conduct engaged in solely for genuine satirical, academic or artistic purposes.” But, as critics have noted, this gives the government leeway to attack satire that it does not consider “genuine.” Similarly, the limitation that conduct be “solely” for the purpose of satire could chill speech. Is a video produced for satirical purposes unprotected because it was also created for the purpose of supporting advertising revenue?

Government lawyers failing to understand satire is hardly unique to Australia. In 2005, a lawyer representing President Bush wrote to The Onion claiming that the satirical site was violating the law with its use of the presidential seal. The Onion responded that it was “inconceivable” that anyone would understand its use of the seal to be anything but parody. The White House wisely elected not to pursue the matter further. If it had, it likely would have lost on First Amendment grounds. Australia, however, does not have a First Amendment (or even a written bill of rights) so civil libertarians there are rightly concerned that the proposed law against impersonation could be used to attack political commentary. We hope the Australian government either kills the bill or amends the law to include both a requirement of intent to deceive and a more robust exemption for satire.

In its own style, Juice Media has responded to the proposed legislation with an “honest” government advert.

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‘Australien Government’ coat of arms Juice Media, CC BY-NC-SA 3.0 AU