The #MeToo debate – recommended reads

IQ2 Australia and Vivid Ideas debated whether, ‘#MeToo has gone too far’. Here is a curated snapshot of the public conversation – just in case you’ve had your head in the sand.

Article

Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades

New York Times

Jodi Kantor and Megan Twohey

5 October 2017

This is the article that broke the Harvey Weinstein story. While it’s now internationally infamous, it is well worth reading to understand how strong the structures that protected Weinstein were. It includes his first official response.

Video

TIME Person of the Year 2017: The Silence Breakers

TIME

Diane Tsai, Spencer Bakalar, Julia Lull [producers]

6 December 2017

Dishwashers, Hollywood stars, academics, hotel staff, journalists, an engineer, and even a senator feature in this short video by TIME of people speaking up against sexual harassment.

Article

I went on a date with Aziz Ansari. It turned into the worst night of my life

babe.net

Katie Way

13 January 2018

This piece wins the title of ‘Most Divisive Contribution to the #MeToo Movement’. It is both celebrated as a precise example of young women’s damaging sexual experiences and scorned for undermining #MeToo by lacking journalistic integrity and conflating “bad sex” with assault.

Article

The Humiliation of Aziz Ansari

Caitlin Flanagan

The Atlantic

14 January 2018

This response to the babe.net article labels it “3,000 words of revenge porn”. Ouch. It highlights the generational differences in attitudes to sex and feminist values that has been underpinning the #MeToo debate.

A separate yet notable moment in the generational rift between women over #MeToo was when Katie Way, the 22 year old author of the Ansari article called Ashleigh Banfield, a 50 year old female news anchor who criticised her piece, “that burgundy lipstick bad highlights second-wave feminist has-been”.

Article

Want #MeToo to serve justice? Use it responsibly

Michael Salter

ethics.org.au

31 January 2018

IQ2 guest Michael Salter is an expert in trauma, gendered violence, sexual abuse, and social media. He reflects on how the #MeToo movement can retain potency and serve justice.

Here seems a good space to explain why we invited two men to be part of this debate – Michael Salter and Benjamin Law. It’s an approach some people disagree with. The Ethics Centre and Vivid Ideas felt the conversation would benefit if both women and men took part and speak with another.

Podcast

Has #MeToo Gone Too Far, or Not Far Enough?

Waleed Aly & Scott Stephens

The Minefield

7 March 2018

A favourite ethicist of ours Scott Stephens poses a key challenge to the #MeToo movement: are we comfortable for this revolution to take innocent people as collateral damage?

It’s a question Teen Vogue columnist Emily Lindin answered with her controversial tweet, “If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay”.

Video

In the age of #MeToo

The Feed SBS VICELAND
Jeanette Francis

“Lads, it’s time to admit if you’ve been gross.” IQ2 guest and TV journalist Jeanette Francis, aka Jan Fran, asks why there isn’t a #MeToo hashtag for men, the ‘doers’ of the harassing. This little video package with its provocation and stats on sexual harassment is a finalist in the mid-year Walkley awards.

Watch the IQ2 debate here: ‘#MeToo has gone too far’

Libby-Jane Charleston & Michael Salter vs Jan Fran & Ben Law

A collaboration between The Ethics Centre and Vivid Ideas


Is modesty an outdated virtue?

Beachgoers would have noticed our lucky country has been hit with a rather European trend. Or is it South American?

Women and girls of all ages and shapes were donning g-string swimsuits and Brazilian bottoms. Arse cheeks were out and as sun-kissed as a brown forearm, curiously suggesting they had never been covered up. Insert thinking emoji face here.

If conversations and interactions underneath Instagram posts are anything to go by, people seem to care a lot about this newish oceanside fashion. People have been looking and commenting and rubbernecking and commenting some more. Was that the sound of a drone hovering over the group of young women lying belly down on the sand?

“Whether a bit more butt cheek is nudity or not, our different reactions to the sight of peach shaped posteriors reflect so much on our different ideas of bodies, gender, and sexuality.”

Whether a bit more butt cheek is nudity or not, our different reactions to the sight of peach shaped posteriors reflect so much on our different ideas of bodies, gender, and sexuality. Australia is one of the most diverse countries in the world, so it makes sense some sort of overarching cultural attitude to how much skin we should show doesn’t exist. Even individuals will sometimes revere and scorn the sight of skin – context is everything.

Nudity can be a beautiful thing. It’s darn delightful to see the kids running around the backyard in the nutter on a hot day as the sprinkler runs, free of all the bodily self-consciousness that will hit them in adolescence. Such sweet, innocent freedom.

But by the time we’re all growed up, we’re sexual beings and our bods better be covered or it’s just down right creepy – unless you’re at the beach of course. It’s often said women are more free to dress how they like in any environment but even a boringly functional shoulder on a hot summer’s day is wildly inappropriate in some workplaces. Then again, imagine a man exposing his knees by wearing shorts in a corporate environment or strutting into the boardroom in flip flops.

Shoulders, knees and toes, so risqué. No wonder people love to get semi-nude when they’re near sand and saltwater. The working week’s uniform is so prudish when compared with the itsy bitsy teenie weenie things we’re permitted to sport in public at the beach. And perhaps that’s the beauty of this summer’s bare butt trend – a liberation of the social and cultural expectations most are happy to play along with but only for limited week day bursts.

Maybe it’s the influence of Kim Kardashian’s glorious glutes. Maybe HBO started the nudity thing years ago – Australians tend to follow northern hemisphere trends a season or more later. Maybe it isn’t about popular culture at all and it’s just that women want more skin tanned and are seeing it’s now acceptable. Could we stretch this to a health argument by bringing up vitamin D? Or is it just that despite the good advocacy work of the Cancer Council, people can’t resist the warm, fuzzy feeling of sunrays touching their arse?

“On one hand, you could argue the butt cheek trend is marking a positive social shift in attitudes to women’s bodies – one where we’re less concerned about the shape or size of anyone’s booty.”

On one hand, you could argue the butt cheek trend is marking a positive social shift in attitudes to women’s bodies – one where we’re less concerned about the shape or size of anyone’s booty and getting it out there shows women and girls in particular aren’t as hung up about their physical selves as we once believed.

On the other hand, you could argue this is a submission to sexism. Plenty of people don’t like to see women and girls enjoying their bodies this way. While arguments in favour of modesty can attract accusations of a controlling type of chauvinism, they are often made in defence of women’s liberty. Why must the so called fairer sex feel an obligation to display so much skin? Can’t women and girls have fun in the sun without feeling they need to sexualise themselves? Is all this bum display a nasty product of patriarchy getting its insidious tentacles into our beachside R&R?

I descend from a people not known for bodily inhibitions. If Hungarians aren’t presented with a sign in public baths telling them to don swimwear, the only suit necessary is the one your mama gave you. Some baths even supply disposable coverings for men and women’s nether regions in case they forget to pack something (although I suspect there are a few Magyars who don’t own a cozzie).

The other side of my family values dressing modestly in public. Headscarves are worn to social gatherings and ankles covered. Someone walking bare butt into a space, let alone naked, is unimaginable.

So, do we care which direction Australian beaches head? And how does a culturally diverse country make a general rule around appropriate levels of dress?


Will I, won’t I? How to sort out a large inheritance

Torn between rights and obligations, a long-suffering widower agonises over how to divvy up his assets, while an aunt’s growing nest egg is in danger of being squandered. This month we are talking about inheritance on Ethi-call.

Disclaimer: The cases shared here are fictional accounts of typical dilemmas faced by callers who use The Ethics Centre’s free helpline Ethi-call. This is not a substitute for an Ethi-call counselling session.

Inheritance is a sticky issue. No matter your role – the writer of the will, the executor, the recipient, or the advisor – each individual has a view of how important justice, fairness, obligations, or rights are in making their decisions. If you’re lucky, these views are shared among all involved. At Ethi-call, The Ethics Centre’s free counselling service for ethical dilemmas, we know they usually aren’t.

Take this typical scenario:

Peter is a widower with two children in their late 40s. His daughter is a university educated high earner with a husband and two children. His son doesn’t have qualifications and although he works hard, he changes jobs frequently, never having found a satisfying career path. He is divorced and also has two children.

Peter has a degenerative disease and knows he will not live to see his grandchildren grow up. His will provides a 50/50 split of his assets between his children but he feels his son needs more help.

Peter tried talking with his daughter about this but she was upset he was considering treating them differently. She said she should not be penalised for her hard work and her brother is not entitled more because of his own life choices. Peter loves both his children and doesn’t want his daughter to feel undervalued. Some of his friends have even said she deserves more than half as a reward for the disciplined life she’s led. His wife who died four years ago wanted to make sure all her grandchildren were provided for generously and Peter wants his will to be fair, without causing pain or ill will. He just can’t see how he can achieve this. He is very distressed about the decision he has to make.

Ethics asks, “What ought one do?” I put to you, “What should Peter do?” He knows he must consider everyone who might be impacted by his decision and he has already identified the following:

  • Wanting to be fair and equal to his children
  • The capacity for inheritance to be perceived as a reward or punishment
  • His role as a grandfather and the duty he feels to support his grandchildren
  • An absolute desire to preserve his relationship with his children and their relationship with each other

If Peter were to contact Ethi-call, some questions he might be asked include:

  • What is the purpose of a will?
  • What has been your experience of receiving inheritance in the past and do you think it was handled well?
  • What are the religious or cultural norms that guide your decisions in life?

There is no doubt his children may each desire different outcomes. But if he has to choose, what is most important to him when allocating his estate?

At least for Peter’s children, his final wishes will be sorted before he passes away. What if the writer of the will is already gone, and the family can only guess what the intentions were behind it?

Take this situation:

Before Sarah’s mother died, she said she wanted her young granddaughter Alexis to inherit a significant sum of money when she turned 18. She asked her only daughter Sarah, Alexis’ aunty, to be trustee of the funds until she turned 18 because Alexis’ father had passed away. Sarah’s investing has seen the funds grow significantly. Alexis’ maturity? Not so much.

Now months away from being eligible to receive her inheritance, Sarah is concerned about Alexis’ behaviour. She dropped out of school, is not working, and smokes a lot of pot. Sarah hopes this is just a phase but sees Alexis’ mum in her and worries it might just be her personality or chosen path.

Alexis and her mum struggle financially. Sarah has no idea how they get by and can see a cash injection could relieve pressure. But she is also concerned they won’t have the willpower, skills, or knowledge to look after the funds appropriately. She believes the signs show if Alexis doesn’t squander it, her mum will.

Sarah is torn between her duty to fulfil her mother’s wishes and her loyalty to her and her memory. She was a woman with a strong work ethic, who was dedicated to growing her personal wealth through prudence and patience. Sarah has every intention of following the requirements of the will, but she is struggling with how much control she is entitled to. What ought Sarah do?

  • Should she try and help Alexis learn about money management?
  • Is it her right to make suggestions around how the money is invested or saved?
  • Whose wishes matter most – Sarah’s deceased mother, Sarah as trustee, Alexis, or Alexis’ mother?

Sarah is a woman of integrity and will respect Alexis’ right to inherit the money. But is there a way she can fulfil her mother’s wishes and do the best she can to ensure Alexis respects her legacy?

Both of these fictional cases depict someone struggling with what to do in a situation. An Ethi-call counsellor will never tell someone what to do. Instead, they follow a framework developed by The Ethics Centre over the last 25 years. This framework is driven by a wide range of questions that can often help unpack a dilemma in a way that the caller was not able to do on their own. And while a counsellor may seem to ask a lot of questions at first, there is a reason for them.

Struggling with inheritance can feel like being inside the home of the loved one you have lost. Memories, treasures, and sentimental trinkets pull you in multiple directions. But every house has a door. And every dilemma has a beginning.

There is no magic dust to make what is difficult, easy. But Ethi-call can help you find relief with understanding. A counsellor’s impartial and expert advice can be a guiding hand through neglected corridors and cobwebbed cupboards. Sometimes, someone removed from the trauma of a loved one’s death is exactly who you need to help you make your way through what is one of life’s hardest challenges.

Tough decisions are part of being human. We can help. Let us show you how. Book your free Ethi-call session here.Sally Murphy is an Ethi-call counsellor and manager of education programs at The Ethics Centre.

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Big Thinker: Confucius

Confucius (551 BCE—479 BCE) was a scholar, teacher, and political adviser who used philosophy as a tool to answer what he considered to be the two most important questions in life… What is the right way to rule? And what is the right way to live?

While he never wrote down his teachings in a systematic treatise, bite sized snippets of his wisdom were recorded by his students in a book called the Analects.

Underpinning Confucian philosophy was a deeply held conviction that there is a virtuous way to behave in all situations and if this is adhered to society will be harmonious. Confucius established schools where he gave lectures about how to maintain political and personal virtue.

“It is virtuous manners which constitute the excellence of a neighborhood.”

His ideas set the agenda for political and moral philosophy in China for the next two millennia and are emerging once again as an influential school of thought.

Humble beginnings

Confucius was born in 551 BC in a north-eastern province of China. His father and mother died before he was 18, leaving him to fend for himself. While working as a shepherd and bookkeeper to survive, Confucius made time to rigorously study classic texts of ancient Chinese literature and philosophy.

At the age of 30, Confucius began teaching some of the foundational concepts he formulated through his studies. He developed a loyal following and quickly rose up the political ranks, eventually becoming the Prime Minister of his province.

But at the age of 55 he was exiled after offending a higher ranking official. This gave Confucius an opportunity to travel extensively around China, advising government officials and spreading his teachings.

He was eventually invited back to his home province and was allowed to re-establish his school, which grew to a size of 3000 students by the time he died at age 72.

The golden age

Underpinning much of Confucius’ thought was a belief that Chinese society had forgotten the wisdom of the past and that it was his duty to reawaken the people, particularly the young, to these ancient teachings.

Confucius idealised the historical Western Zhou Dynasty, a time, he claimed, when living standards were high, people lived and worked in peace and contentment, the leaders carried out their duties in accordance with their rank, and the social order was stable and harmonious.

Confucius devoted his life to teaching the wisdom of this ancient society to his contemporaries in the hope of reinventing it in the present. For this reason, he didn’t claim to be an original thinker, but a receptacle of past wisdom. “I transmit but do not innovate”, he said.

Dao, de, and ren

While Confucius never wrote a systematic philosophical treatise, there are three intertwined concepts that run through his philosophy: Dao, De, and Ren.

Dao: Confucius interpreted Dao to mean a Way of living, or more specifically the right Way of living. This was not a concept he made up. It was already a central part of Chinese belief systems about the natural order of the universe. Dao is a slippery but profound concept suggesting there is a singular Way to live that can be intuited from the universe, and that all of life should be directed towards living this Way. If the Way is followed, the individual and society will be in perfect harmony.

De: Confucius saw De as a type of virtue that lay latent in all humans but that had to be cultivated. It was the cultivation of this virtue, Confucius believed, that allowed a person to follow the Way. It was in family life that people learned how to cultivate and practice virtuous behaviours. In fact, many of the main Confucian virtues were derived from familial relationships. For example, the relationship between father and son defined the virtue of piety and the relationship between older and younger siblings defined the virtue of respect. For this reason, Confucian ethics did not leave much room for an individual to exist outside of a family structure. Knowing where you stood in your family and your society was key to living a virtuous life.

Ren: While most Confucian virtues were cultivated within a strict social and family structure, ren was a virtue that existed outside this dynamic. It can be translated loosely as benevolence, goodness, or human-heartedness.

Confucius taught that the ren person is one who has so completely mastered the Way that it becomes second nature to them. In this sense ren is not so much about individual actions but what type of person you are. If you perform your familial duties but do not do so with benevolence, then you are not virtuous. Ren was how something was done, rather than the act itself.

Contemporary influence and relevance

Confucius’ influence on Chinese society during his life and in the two millennia since has been enormous. His sound bite like philosophies became China’s handbook on politics and its code of personal morality.

“He who exercises government by means of his virtue may be compared to the north polar star, which keeps its place and all the stars turn towards it.”

It wasn’t until Mao’s Cultural Revolution that some of the basic tenets of Confucian ethics were publicly denounced for the first time. Mao was future oriented and utopian in his politics, and so Confucius’ idea of governance and ethics based in the ancient classics was considered dangerous and subversive. In fact, Mao’s Red Guards referred to the old sage as “The Number One Hooligan Old Kong”.

But in the past decade, the Communist Party has realised Confucius’ teachings might be useful again. The surge of wealth that has accompanied free market capitalism in China has meant that many of Mao’s ideologies no longer make sense for the government. This has prompted a resurgence of State led interest in Confucius as an alternative ideological underpinning for the current government.

While this is seen by many as a way for China to build a political future based on its philosophical past, others feel that the Communist Party has emphasised Confucian ideas about hierarchical social structure and obedience, while sidelining notions of virtue and benevolence.

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Ethics Explainer: Universal Basic Income

The idea of a UBI isn’t new. In fact, it has deep historical roots.

In Thomas More’s Utopia, published in 1516, he writes that instead of punishing a poor person who steals bread, “it would be far more to the point to provide everyone with some means of livelihood, so that nobody’s under the frightful necessity of becoming, first a thief, and then a corpse”.

Over three hundred years later, John Stuart Mill also supported the concept in Principles of Political Economy, arguing that “a certain minimum [income] assigned for subsistence of every member of the community, whether capable of labour or not” would give the poor an opportunity to lift themselves out of poverty.

In the 20th century, the UBI gained support from a diverse array of thinkers for very different reasons. Martin Luther King, for instance, saw a guaranteed payment as a way to uphold human rights in the face of poverty, while Milton Friedman understood it as a viable economic alternative to state welfare.

 

 

Would a UBI encourage laziness?

Yet, there has always been strong opposition to implementing basic income schemes. The most common argument is that receiving money for nothing undermines work ethic and encourages laziness. There are also concerns that many will use their basic income to support drug and alcohol addiction.

However, the only successfully implemented basic income scheme has shown these fears might be unfounded. In the 1980s, Alaska implemented a guaranteed income for long term residents as a way to efficiently distribute dividends from a commodity boom. A recent study of the scheme found full-time employment has not changed at all since it was introduced and the number of Alaskans working part-time has increased.

The success of this scheme has inspired other pilot projects in Kenya, Scotland, Uganda, the Netherlands, and the United States.

The rise of the robots

The growing fear that robots are going to take most of our jobs over the next few decades has added an extra urgency to the conversation around UBI. A number of leading technologists, including Elon Musk, Mark Zuckerberg, and Bill Gates, have suggested some form of basic income might be necessary to alleviate the effects of unemployment caused by automation.

In his bestselling book Rise of the Robots, Martin Ford argues that a basic income is the only way to stimulate the economy in an automated world. If we don’t distribute the abundant wealth generated by machines, he says, then there will be no one to buy the goods that are being manufactured, which will ultimately lead to a crisis in the capitalist economic model.

In their book Inventing the Future, Nick Srnicek and Alex Williams agree that full automation will bring about a crisis in capitalism but see this as a good thing. Instead of using UBI as a way to save this economic system, the unconditional payment can be seen as a step towards implementing a socialist method of wealth distribution.

The future of work

Srnicek and Williams also claim that UBI would not only be a political and economic transformation, but a revolution of the spirit. Guaranteed payment, they say, will give the majority of humans, for the first time in history, the capacity to choose what to do with their time, to think deeply about their values, and to experiment with how to live their lives.

Bertrand Russell made a similar argument in his famous treatise on work, In Praise of Idleness. He writes that in a world where no one is compelled to work all day for wages, all will be able to think deeply about what it is they want to do with their lives and then pursue it. For many, he says, this idea is scary because we have become dependent on paid jobs to give us a sense of value and purpose.

So, while many of the debates about UBI take place between economists, it is possible that the greatest obstacle to its implementation is existential.

A basic payment might provide us with the material conditions to live comfortably, but with this comes the confounding task of re-thinking what it is that gives our lives meaning.


The art of appropriation

In March this year, paintings in an exhibition by the British artist Damien Hirst caused controversy for bearing strong resemblance to works by Aboriginal artists from the Central Desert region near Alice Springs.

Hirst, one of the world’s best known contemporary artists, unveiled 24 new paintings at an exhibition in Los Angeles. The works, called Veil Paintings, were large canvases covered with thousands of multi-coloured dots.

Many Australians immediately noticed the similarity to a style of Indigenous dot painting developed in the Central Deserts region, particularly the paintings of internationally renowned artist, Emily Kngwarreye.

Kngwarreye’s paintings of layered coloured dots in elaborate patterns portray aerial deserts landscapes crafted from memory. Her style has been passed down across generations and has deep cultural importance.

Barbara Weir, an artist from the Central Deserts, told the ABC that Hirst recreated the painting style without understanding the culture behind it. While Hirst denied being aware of Kngwarreye’s paintings, Bronwyn Bancroft of the Arts Law Centre said that he still had a “moral obligation” to acknowledge the influence of the Aboriginal art movement.

Whether or not Hirst was directly copying the style, the controversy his paintings caused centred on the ethical issue of appropriation. Should artists use images or styles that are not their own, especially when those images or styles are tied to the sacred history of another culture?

Avant-garde appropriation

While copying and imitation has been central to artistic practice in many cultures for millennia, appropriation as a creative technique rose to prominence in avant-garde modernist movements in the early 20th century.

Cubists like Pablo Picasso and Georges Braque used appropriation in their collage and pastiche paintings, often lifting images from newspapers to incorporate into their work. Marcel Duchamp developed the practice further through his ready-mades – objects taken form real life and presented as art – like his infamous Fountain, a urinal signed, turned upside down, and positioned on a pedestal.

“These artists used appropriation to challenge traditional notions of originality and often approached art as an ethically weightless space where transgressive ideas could be explored without consequence.”

The art of appropriation was further developed by pop artists like Andy Warhol and Jasper Johns in the 1950s and later in the 1980s by Jeff Koons and Sherrie Levine. These artists used appropriation to challenge traditional notions of originality and often approached art as an ethically weightless space where transgressive ideas could be explored without consequence.

A more recent proponent of appropriation as creative practice is the poet Kenneth Goldsmith, who wrote a book called Unoriginal Genius, which defends appropriation in art. He argues that in our digital age, access to information has made it impossible to be truly original. In such an environment, the role of the artist is to embrace a free and open exchange of ideas and abandon notions of singular ownership of an aesthetic or style.

Cultural appropriation

While appropriating, remixing, and sampling images and media is common practice for artists, it can cause conflict and hurt, particularly if the materials are culturally or politically sensitive. For instance, in 2015, Kenneth Goldsmith performed a poem that appropriated text from the autopsy of Michael Brown, an African American man who was shot by police.

Critics were outraged at Goldsmith’s performance, particularly because they felt that it was inappropriate for a white man to use the death of a black man as creative material for personal gain. Others labelled Goldsmith’s poems as an extreme example of cultural appropriation.

Writer Maisha Z Johnson defines cultural appropriation as “members of a dominant culture taking elements from a culture of people who have been systematically oppressed by that dominant group”. The problem with cultural appropriation, she explains, is not the act of an individual artist, but how that artist perpetuates an unjust power dynamic through their creative practice.

In other words, cultural appropriation in art is seen by some as perpetuating systemic oppression. When artists in a position of power and privilege appropriate from those who aren’t, they can profit from what they take while the oppressed group gets nothing.

Cultural sensitivity

Issues of cultural appropriation are particularly sensitive for Aboriginal artists in Australia because painting styles are not only an expression of the artist’s creative talent, but also often convey sacred stories passed down from older generations. Painting, therefore, is often seen not only as a type of craft, but a way of keeping Aboriginal culture alive in white Australia.

It is possible that Hirst was not aware of this context when he created his Veil Paintings. In an increasingly connected world in which images and cultures are shared and inter-mixed, it can be difficult to attribute where creative inspiration comes from.

Yet, perhaps our connectivity only heightens the artist’s moral obligation for cultural sensitivity and to acknowledge that art is never made in a vacuum but exists in a particular geography, history, economy, and social context.

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Is it ok to use data for good?

You are nudged when your power bill says most people in your neighbourhood pay on time. When your traffic fine spells out exactly how the speed limits are set, you are nudged again.

And, if you strap on a Fitbit or set your watch forward by five minutes so you don’t miss your morning bus, you are nudging yourself.

“Nudging” is what people, businesses, and governments do to encourage us to make choices that are in our own best interests. It is the application of behavioural science, political theory and economics and often involves redesigning the communications and systems around us to take into account human biases and motivations – so that doing the “right thing” occurs by default.

The UK, for example, is considering encouraging organ donation by changing its system of consent to an “opt out”. This means when people die, their organs could be available for harvest, unless they have explicitly refused permission.

Governments around the world are using their own “nudge units” to improve the effectiveness of programs, without having to resort to a “carrot and stick” approach of expensive incentives or heavier penalties. Successes include raising tax collection, reducing speeding, cutting hospital waiting times, and maintaining children’s motivation at school.

Despite the wins, critics ask if manipulating people’s behaviour in this way is unethical. Answering this question depends on the definition of nudging, who is doing it, if you agree with their perception of the “right thing” and whether it is a benevolent intervention.

Harvard law professor Cass Sunstein (who co-wrote the influential book Nudge with Nobel prize winner and economist Professor Richard Thaler) lays out the arguments in a paper about misconceptions.

Sunstein writes in the abstract:

“Some people believe that nudges are an insult to human agency; that nudges are based on excessive trust in government; that nudges are covert; that nudges are manipulative; that nudges exploit behavioural biases; that nudges depend on a belief that human beings are irrational; and that nudges work only at the margins and cannot accomplish much.

These are misconceptions. Nudges always respect, and often promote, human agency; because nudges insist on preserving freedom of choice, they do not put excessive trust in government; nudges are generally transparent rather than covert or forms of manipulation; many nudges are educative, and even when they are not, they tend to make life simpler and more navigable; and some nudges have quite large impacts.”

However, not all of those using the psychology of nudging have Sunstein’s high principles.

Thaler, one of the founders of behavioural economics, has “called out” some organisations that have not taken to heart his “nudge for good” motto. In one article, he highlights The Times newspaper free subscription, which required 15 days notice and a phone call to Britain in business hours to cancel an automatic transfer to a paid subscription.

“…that deal qualifies as a nudge that violates all three of my guiding principles: The offer was misleading, not transparent; opting out was cumbersome; and the entire package did not seem to be in the best interest of a potential subscriber, as opposed to the publisher”, wrote Thaler in The New York Times in 2015.

“Nudging for evil”, as he calls it, may involve retailers requiring buyers to opt out of paying for insurance they don’t need or supermarkets putting lollies at toddler eye height.

Thaler and Sunstein’s book inspired the British Government to set up a “nudge unit” in 2010. A social purpose company, the Behavioural Insights Team (BIT), was spun out of that unit and is now is working internationally, mostly in the public sector. In Australia, it is working with the State Governments of Victoria, New South Wales, Western Australia, Tasmania, and South Australia. There is also an office in Wellington, New Zealand.

BIT is jointly owned by the UK Government, Nesta (the innovation charity), and its employees.

Projects in Australia include:

Increasing flexible working: Changing the default core working hours in online calendars to encourage people to arrive at work outside peak hours. With other measures, this raised flexible working in a NSW government department by seven percentage points.

Reducing domestic violence: Simplifying court forms and sending SMS reminders to defendants to increase court attendance rates.

Supporting the ethical development of teenagers: Partnering with the Vincent Fairfax Foundation to design and deliver a program of work that will encourage better online behaviour in young people.

Senior advisor in the Sydney BIT office, Edward Bradon, says there are a number of ethical tests that projects have to pass before BIT agrees to work on them.

“The first question we ask is, is this thing we are trying to nudge in a person’s own long term interests? We try to make sure it always is. We work exclusively on social impact questions.”

Braden says there have been “a dozen” situations where the benefit has been unclear and BIT has “shied away” from accepting the project.

BIT also has an external ethics advisor and publishes regular reports on the results of its research trials. While it has done some work in the corporate and NGO (non-government organisation) sectors, the majority of BIT’s work is in partnership with governments.

Braden says that nudges do not have to be covert to be effective and that education alone is not enough to get people to do the right thing. Even expert ethicists will still make the wrong choices.

Research into the library habits of ethics professors shows they are just as likely to fail to return a book as professors from other disciplines. “It is sort of depressing in one sense”, Braden says.

If you want to hear more behavioural insights please join the Ethics Alliance events in either Brisbane, Sydney or Melbourne. Alliance members’ registrations are free.


6 Myths about diversity for employers to watch

Employers can play a role in countering backlash attitudes to gender equality by making the case for why it is good for employees and good for the organisation.

Sociologist, Dr Michael Flood, says much of the opposition to diversity programs is based on misunderstandings, such as the following common myths:

If women win, men lose.

“There is a misperception that it is a zero sum game – that any gains for women at work necessarily involve losses for men”, he says.

Men’s own wellbeing is limited by narrow ideas about how they are “supposed” to behave, argues Flood in the recently released Men Make A Difference report, co-authored by diversity and inclusion researcher Dr Graeme Russell for the Diversity Council of Australia.

Men often pay heavy costs – in the form of shallow relationships, poor health, and early death – for conformity with narrow definitions of masculinity, according to the report.

There is a level playing field.

“Some men may also be under the misapprehension that the current system is already fair and the initiatives are unnecessary and unfairly advantage women”, says Flood.

“The current system is not and has not been fair. It has disadvantaged women and initiatives, such as affirmative action, make the system fairer. They give women and men the same opportunities.”

The national gender pay gap is 15.3 percent, with women earning on average, $253.70 a week less than men, according to the Workplace Gender Equality Agency. This disadvantage starts as soon as they graduate: women earn less than men in 17 out of 19 fields of study and across nine out of 13 industries.

Flood says a neoliberalist ideology holds that women can make it on their own and achievement is a matter of individual skill and effort and that social interventions are unnecessary, if not intrusive.

“There is also a widespread perception that gender inequality is a thing of the past. Therefore, if women are doing less well at work, then it is simply down to their own choices or their own fault”, he says.

“Those widespread beliefs also constrain our efforts to build gender equality.”

Some jobs are now women only.

Flood says that it is against the law to refuse to hire men and he does not believe this is happening systematically.

“If this were going on systematically then we might expect to find the numbers of women in Australian corporate boardrooms increasing and, in fact, in the last decade, it has decreased. A mere 16.5 percent of Australian CEOs or heads of business are women.

There are exemptions under discrimination law to allow special and positive measures to improve equality.

Men are being discriminated against.

Certainly, there are men who are facing more competition for jobs in areas where women are making gains, especially where employers are actively trying to recruit and promote more women to even up the gender balance.

Around 12 percent of men believe women are treated better than men, compared with 3 percent of women who believe the same, according the University of Sydney research.

However, Flood says he thinks it is wrong to assume men in that situation will miss out in favour in women who are weaker candidates.

“It may well happen that women are promoted above men who are worthy candidates but, in general, that is not the case. There is a different kind of fear, which is that he will now be judged equally against female candidates who have the same skills on their CV as him.”

“For some men, when they are used to privilege, they are used to advantage, then equality looks like discrimination.”

Flood says there are hundreds of studies that show that CVs with female names are judged more harshly by recruiters than those with male names.

We hire and promote on merit.

Flood says this is a simplistic argument against diversity programs and can be countered by pointing out the ways merit can be subjective and biased.

“We need to talk about actual merit and perceived merit.”

It is a women’s issue.

Flood says that men are also disadvantaged by inequality. Shorter men, for instance, find it harder to progress.

“Male CEOs, on average, are four or five centimetres taller. That is not because tall people are more competent, it is because they are perceived to be more competent and more appropriate leaders. So implicit and unconscious stereotypes shape who gets promoted.”

The quality of every man’s life depends to a large extent on the quality of those relationships with the women in their lives. “Men gain when the women and girls around them have lives which are safe and fair”, says Flood.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.


Power play: How the big guys are making you wait for your money

The CEO was brutally honest in revealing how his multinational company uses its power to delay payment to its small suppliers. Unless there are laws to make them pay up earlier, small companies are forced to wait four months for their money, he said.

The business leader was explaining the policy of his overseas head office to Kate Carnell, the Australian Small Business and Family Enterprise Ombudsman, during her inquiry into late payments last year.

“I must admit I was just horrified”, says Carnell, who says a 30 day wait is acceptable business practise.

The CEO of the Australian arm of the multinational company said payment times were pushed out to 120 days. Says Carnell: “One guy [attending the inquiry] laughed and said, ‘You should consider yourself lucky, we have a 365 day payment contract in one country I know about’.”

“They said, ‘If there is nothing that makes us pay shorter, then we will pay longer. That is just the way we operate’.”

Carnell’s Inquiry into Payment Times and Practices uncovered a widespread exercise where big organisations are using small to medium sized suppliers as a cheap form of finance. By paying invoices months after products and services are delivered, large companies can improve the efficiency of their own working capital but, in doing so, starve their vulnerable small business operators of cash.

About half of the small to medium sized businesses surveyed by the inquiry say around 40 percent of invoices were paid late. According to Carnell, 90 percent of small businesses go broke because of cash flow issues and many try to tide themselves over with credit card debt and overdrafts.

Australia had the dubious honour of being the worst performer in global research on late payments by MarketInvoice in 2015, with settlement taking place an average 26.4 days after it was due.

Lending you the money they owe you

In a further development, interest bearing loans are being offered to suppliers who are waiting to get paid. Carnell has named Mars, Kellogg’s and Fonterra as three large companies offering this kind of supply chain finance.

These loans effectively levy a discount (the interest paid) on suppliers who cannot afford contractual waits of 120 days or more. “It’s pretty close to extortion really”, Carnell told the Sydney Morning Herald last year.

Another practise is to demand a discount from suppliers who want to be paid earlier than the contracted period – even though that period may be outside what is regarded as acceptable.

“There are two ways to do it. One is to require a discount, the other is to lend you the money at an interest – both of them are unacceptable”, says Carnell.

“You’ve got what is the essence of what could be regarded bullying, it is certainly using market power in an oppressive manner.”

Salt’s call for ‘same day pay’

Social commentator Bernard Salt recently called for “same day pay” in a column in The Australian newspaper, arguing that companies should not be buying products and services if they cannot pay for them straight away.

“There are 1.5 million small businesses in Australia. If you add in their partners, and staff and kids, then you are probably looking at four to five million people in Australia that are affected by timelines or otherwise of small business payments”, he says.

“The best thing you can do for small business is to pay promptly, on the day, same day pay. If you can’t pay for it, don’t buy the good or service.

“Refusing to pay in a timely and reasonable and fair manner is the equivalent of theft. I just cannot understand where people believe it is good or smart business practise. People might think it is smart, I think it is smarmy. If you incur a debt, you pay it and pay it promptly.”

Salt says he sees no reason why the flow of money is restricted to business hours, five days a week, when the rest of the world is operating 24/7.

“We should expect money to flow at the speed of data.”

Carnell says she is not demanding immediate payment … for now. “At some stage in the future, we think that is the way it should be. Right now, 30 days or less is reasonable”, she says.

Voluntary codes don’t work

To encourage best practise, Carnell’s office has set up the voluntary Small Business Ombudsman’s National Transparency Register. So far, around 21 organisations have agreed to report on their progress on paying promptly.

“It is a start, but it is a drop in the ocean really”, admits Carnell.

The Business Council of Australia responded to the inquiry by introducing its own voluntary Australian Supplier Payment Code, which commits signatories to 30 day payment times to small businesses and has around 77 signatories, but it has no requirement that companies report.

The NSW Small Business Commissioner, Robyn Hobbs, recently told ABC Radio that she does not think the BCA code goes far enough. “These things should be mandatory”, she said.

Carnell says her approach is to try a voluntary approach first, but admits she has little faith it will work.

“We looked around the world … and we hadn’t found a situation where a voluntary code had worked to create systemic change. The problem with voluntary codes is that the good corporate citizens sign them.”

People who think their own cash flow is more important than the economy won’t sign, she says.

“We would love a voluntary code to work because it would show that, as a nation, we do take good business practise, ethical behaviour, really seriously and we can make these things work without legislation. We will review it in 12 months and we would expect, if it had not been successful, that a Government would legislate.”

Governments set a standard

In the UK, the Government has introduced a voluntary Prompt Payment Code, working towards 30 day payment, and there is legislation requiring large businesses to publish details publicly of their actual payment times.

Governments can provide a good example to the commercial sector. A UK Central Government Prompt Payment policy seeks to pay 80 per cent of undisputed and valid invoices within five days.

The European Union has a Late Payment Directive setting a maximum payment time of 60 days, or 30 days for government, with an interest penalty, and ability to claim compensation and recovery costs. US government has QuickPay to reduce government payment times from 30 days to 15 days.

In Australia, Federal Government agencies have committed to paying small operators in 15 business days by mid 2019.

Some individual companies have also taken up the challenge since the inquiry, which reported a year ago. Since the inquiry, Mars has moved from 120 day payment terms to 30 days for small businesses. “That is a big step”, says Carnell.

Telstra has also “made a big effort”, reducing payment times from 45 days or longer down to 30 days or fewer for all its 7366 small business suppliers. The telco spends around $2.9 billion each year with small business suppliers.

“Those are the ones I know that have actually had to go through quite a lot of hassle to change their systems, it wasn’t a simple flick of the switch. The banks tell us they have moved to 30 days or less”, she says.

Woolworths and Coles have committed to paying small suppliers within 14 days.

“Some good things are happening, but it’s not enough, not nearly enough”, says Carnell.

Boards do not know if they are slow payers

Carnell has been in discussions with the Australian Institute of Company Directors about making payment times reporting a standard agenda item for board meetings.

“My experience as both a CEO and a board member, is that focusing the board’s mind on these sorts of things makes a big difference to corporate culture. Our experience, when talking to board members, is they have no idea how their company is operating in terms of payment times.”

A spokesman for the AICD says the organisation is promoting the code and the views of the Ombudsman to its members but cannot control what boards put on their agenda.

One entrepreneur has decided to take matters into her own hands, launching a “name and shame” platform for small business operators.

Frances Short launched the Late Payer List in March so that small to medium sized businesses could check the reputations of buyers or report cases where clients were too tardy or refusing to pay on invoices where there was no dispute about the work or products.

Short says she came up with the idea after watching her partner, a builder, continually have to chase payment, sometimes resorting to legal action.

Once when one client kept dodging a large payment, Short’s partner tried some social shaming. “He said to this guy, ‘I’m going to come down to your church wearing a sandwich board, telling your neighbours that you owe money and it’s not fair’.” The customer paid up.

“We want to do something for small biz that was much simpler, something that was socially powered and giving control back to small business owners, without the need for using expensive debt collectors or lawyers”, she says.

“What we have got is a bit of a nudge, nudge for late payers, so there is a consequence.”

The Ethics Alliance collaborated with members on a new procurement research paper for making ethical payment easy. Download your copy here

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.


Is employee surveillance creepy or clever?

A large European bank tracks its employees in work hours, using digital badges to analyse where they went, to whom they spoke and how stressed they were.

Is this creepy or clever?

According to the manufacturer of the badges, US company Hamanyze, the surveillance helped uncover why some bank branches were outperforming others by more than 300 per cent.

Discovering that employees at the “star” branches interacted more frequently – seeing and talking to each other more often – the bank redesigned its offices to encourage people to mix and offered group bonuses to encourage collaboration.

As a result, the lagging branches reportedly increased their sales performance by 11 per cent.

The results in this case seem to indicate this is a clever use of digital technology. The bank had a legitimate reason to track its employees, it was transparent about the process, and the employees could see some benefit from participating.

If it is secret, it’s unethical

Creepy tracking is the unethical use of the technology – where employees don’t know they are being monitored, where there is no benefit to them and the end result is an erosion of trust.

In the UK, for instance, employees at the Daily Telegraph were outraged when they discovered motion detectors had been installed under their desks without their knowledge or consent. They insisted on their removal.

Two years ago, Rio Tinto had to deny it was planning to use drones to conduct surveillance on its workers at a Pilbara mining site after some comments by an executive of Sodexo (which was under contract to provide facilities management to Rio Tinto). Those comments about drone use were later described as “conceptual”.

Employee surveillance during work hours is allowed in Australia if it relates to work and the workers have been informed about it, however legislation varies between the states and territories.

Deciding where ethical and privacy boundaries lie is difficult. It depends on individual sensibilities, but the ground also keeps shifting. As a society, we are accepting increasing amounts of monitoring, from psychometric assessments and drug tests, to the recording of keystrokes, to the monitoring of personal social media accounts.

Co-head of advice and education at The Ethics Centre, John Neil, says legislation is too slow to keep up with rapidly advancing technologies and changing social attitudes.

“It is difficult to set binding rules that stand the test of time,” he says. “Organisations need guiding principles to ensure they are using technologies in an ethical way”.

Guiding principles are required

The Institute of Electrical and Electronics Engineers have developed ethical principles for artificial intelligence and autonomous systems. These state the development of such technologies must include: protecting human rights, prioritising and employing established metrics for measuring wellbeing; ensuring designers and operators of new technologies are accountable; making processes transparent; minimising the risks of misuse.

Principles such as these can help businesses and people distinguish between what is right, and what is merely legal (for now).

Putting aside the fact that employee monitoring is allowed by law, the key to whether workers accept it depends on whether they think it will be good for them as individuals, says US futurist Edie Weiner.

People may not mind their movements being tracked at work if they believe the information is being used to improve the working environment and will benefit them, personally.

“But if it was about figuring out how to replace them with a machine, I think they would really care about it,” says Weiner, President and CEO of The Future Hunters. Weiner was in Sydney recently to speak at the SingularityU Australia Summit, held by the Silicon Valley-based Singularity University

When it comes to privacy considerations, Weiner applies a formula to understand how people accept intrusion. She says privacy equals:

  1. Your age
  2. Multiplied by your technophilia (love of technology)
  3. Divided by your technophobia (fear of technology)
  4. Multiplied by your control over the information being collected
  5. Multiplied again by the returns for giving up that privacy.

“Each person figures out the formula and, if the returns for what they are giving up is not worth it, then they will see that as an invasion of their privacy,” she says.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.