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Most mistakes in philosophy and logic occur because the human mind is apt to take the symbol for reality. Albert Einstein |
Albert Langer (also known as Arthur Dent) is an Australian political activist, best known for his 1996 conviction and gaoling on contempt charges after breaching an injunction forbidding his advocacy of marking electoral ballot papers in a way discouraged by the Australian Electoral Commission. As a result of his imprisonment Amnesty International declared him the first Australian prisoner of conscience for over 20 years.
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Born in London to a wealthy Melbourne Jewish family, Langer was educated at Monash University, where he became a prominent student activist during the Vietnam War years. He gained fame by defending himself in court against charges arising from an anti-Vietnam war demonstration, and being acquitted. He was a leader of the Maoist faction at the university and a supporter of the Communist Party of Australia (Marxist-Leninist). He broke with this party after the death of Mao Zedong, but remained a defender of the Pol Pot regime in Cambodia.. In the 1970s and 1980s he was extensively involved in the Melbourne community radio station 3CR, and of a concerted attempt to move the station leftwards. He also became extensively involved in the 'digital revolution' movement, which argued that the new world of information technology as represented by the rise of the PC and the internet, was a new site of struggle for communistic social relations. This campaign involved a concrted attempt to keep software free of copyright laws. Langer is an active opponent of Zionism, and was associated with a group called Jews Against Zionism and Anti-Semitism (JAZA). This group is no longer active.
In 1986 Albert Langer wrote an article for a conference organised by the Coalition Against Poverty and Unemployment (CAPU) entitled Don't Vote. Its express aim was to examine possible electoral strategy for the left and to bring down the Labor government and to target ALP candidates in marginal seats. This tactic was adopted by members of CAPU and several low key campaigns were run during elections. In 1987 and 1990 there were instances where Victorian voters were urged to take advantage of section 270 of the Commonwealth Electoral Act and give less preferred parties equal last preferences (now known as a Langer vote), so as not to express a choice for either major party.
As an antidote to these kind of electoral tactics, and to advocacy of voting informally, the ALP government formulated section 329A of the electoral act. It was enacted in December 1992. Section 329A made it an offence to encourage, during the election period, voters to fill in House of Representatives ballot papers other than in accordance with the method set out in section 240 of the Act. The offence was punishable by 6 months' imprisonment or a discretionary pecuniary penalty.
On 5 March 1993, ahead of the 1993 election, Albert Langer received warnings from the Australian Electoral Commission not to run the campaign he had initiated. He sought relief from the High Court; to stop the AEC from intimidating him, and to determine the validity of section 329A. The matter was reviewed by Justice William Deane (who shortly afterwards became Governor General). Deane dismissed his injunction application, but referred the question to the full bench. The case was joined with a similar challenge by Patrick Muldowney to South Australian electoral matters to determine the validity of section 126. The matters were heard in Canberra in October 1995.
However, the decision was not publicly announced until 7 February 1996 - just after the writs for the 1996 election were issued on 28 January. That decision saw the Court reject (Dawson dissenting) Langer's argument that section 329A was unconstitutional. (Also argument put by legal practitioners.) The case saw judges interpreting the Act to mean that it is necessary to cast one's vote using consecutive and unrepeated numbers.
On 31 January the Neither! campaign published a newspaper advertisement to which the AEC objected and took action against. The matter was adjourned pending the High Court decision, and on 8 February the AEC obtained an injunction from Justice Beach (Victorian Supreme Court) to restrain Albert Langer from publishing the advertisement "How to vote for Neither!"
Langer was never prosecuted under section 329A. The Electoral Commission chose not to use the provision but rather sought the measure of injunctive relief.
Langer was eventually charged with contempt after informing the media of the decision outside the courthouse and providing them with a copy of the Neither! leaflet. As such technically Langer did not breach the order as he did not hand the pamphlet to the public though it was only a matter of time until he did.
Within a few days of this decision (details to be provided) Langer was summoned to appear on the charge of contempt and it was members of the media who gave evidence of him passing leaflets to them. Consequently he was sentenced to 10 weeks imprisonment for breaching the court injunction ordering him to stop advocating contrary to the Electoral Act. In March 1996 after widespread public outcry and media attention the Federal Court reduced his sentence to three weeks, which he served in full.
During his incarceration, Albert Langer was deemed by Amnesty International to be a "Prisoner of Conscience."
The June 1997 report into the 1996 election by Parliament's Joint Standing Committee on Electoral Matters discussed the Langer case and recommended the repeal of section 329A. Section 329A was repealed by the Electoral and Referendum Amendment Act 1998, which became law on 17 July 1998. Section 240 was amended by the same Act to specify that using repeated numbers invalidated a vote.
Langer's current political views are summarised at the Last Superpower website, which he maintains with his ex-wife Kerry Langer:
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