tag:theconversation.com,2011:/ca/topics/compliance-1262/articlesCompliance – The Conversation2021-10-05T19:09:31Ztag:theconversation.com,2011:article/1689462021-10-05T19:09:31Z2021-10-05T19:09:31ZTired of lockdown rules? Our analysis shows most Australians have curbed mixing and helped suppress COVID<figure><img src="https://images.theconversation.com/files/424635/original/file-20211005-27-1h95voq.jpg?ixlib=rb-1.1.0&rect=22%2C11%2C3718%2C2793&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://image.shutterstock.com/image-photo/melbourne-victoria-australia-june-06-600w-1986348464.jpg">Shutterstock</a></span></figcaption></figure><p>Unthinkable in 2019, lockdowns have been a key public health measure to reduce the impact of COVID in Australia. However, lockdowns take a toll on the population, and there is a limit to how long people and communities can sustain these behaviours. </p>
<p>While governments set restrictions through policy, the actual reduction in spread is due to changes in people’s behaviour. Our collective choices have slowed the virus and stopped it on multiple occasions – until the recent Delta variant outbreaks in New South Wales and Victoria.</p>
<p>We have been <a href="https://www.doherty.edu.au/uploads/content_doc/Technical_Report_15_March_2021_RELEASED_VERSION.pdf">modelling behaviours in Australia</a> since April 2020 and how they relate to changes in the ability of the SARS-CoV-2 virus that causes COVID to spread. Our understanding of how people have responded to policy settings underpins the <a href="https://www.doherty.edu.au/our-work/institute-themes/viral-infectious-diseases/covid-19/covid-19-modelling/modelling">Doherty Modelling</a>. </p>
<p>Concerns about “compliance fatigue” might make us question the role of lockdowns in the current outbreak. Has exhaustion led to rule-bending or breaking? In fact, Australians have shown themselves to be resilient and adaptable. </p>
<h2>Macro-distancing and micro-distancing</h2>
<p>Throughout the epidemic, Australians have shown an impressive ability to change how we interact with others. </p>
<p>In our analyses, we consider two key population behaviours that suppress transmission: macro-distancing and micro-distancing.</p>
<p>Macro-distancing is about the number of people we interact with, while micro-distancing is about our behaviours when we see people. </p>
<p>Both work together to reduce transmission at a population level. We monitor these behaviours using data from weekly anonymous <a href="https://www.health.gov.au/sites/default/files/documents/2021/04/australian-national-disease-surveillance-plan-for-covid-19.pdf">nationwide surveys</a>. We also draw together data on people’s mobility collected by technology companies including <a href="https://www.google.com/covid19/mobility/">Google</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/doherty-modelling-update-provides-the-goalposts-but-local-insights-will-determine-play-168364">Doherty modelling update provides the goalposts, but local insights will determine play</a>
</strong>
</em>
</p>
<hr>
<h2>Transmission potential and the effective reproduction number</h2>
<p>We combine these behavioural data with data on vaccination coverage and our understanding of disease dynamics to calculate the transmission potential (TP). The TP measures how transmissible COVID should be, on average, in the community. If it is greater than one, then we expect the virus to be able to spread. If it is less than one, the virus should not be able to establish itself, even if seeded into the community. </p>
<p>The TP is updated weekly for each state and territory in the <a href="https://www.health.gov.au/resources/publications/coronavirus-covid-19-common-operating-picture-30-september-2021">Common Operating Picture</a>. Where the virus is circulating, we also measure the effective reproduction number (Reff), which measures the actual rate of spread among currently active cases.</p>
<p>Where the virus is circulating, we want to drive the Reff to below one. And for all of Australia, we aim to achieve a TP of near one.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/relying-only-on-vaccination-in-nsw-from-december-1-isnt-enough-heres-what-we-need-for-sustained-freedom-168833">Relying only on vaccination in NSW from December 1 isn't enough – here's what we need for sustained freedom</a>
</strong>
</em>
</p>
<hr>
<h2>How behaviour has changed</h2>
<p>Over the past 18 months, the levels of macro- and micro-distancing behaviour achieved under any given set of restrictions have changed. The first national lockdown saw the largest changes in behaviour, according to our modelling. Australians responded to the threat and we stopped the virus. </p>
<p>We have repeatedly observed in our modelling similarly low levels of mixing – both macro and micro – in response to outbreaks and restrictions, including at the height of Victoria’s second wave, and recently in NSW, Victoria and the ACT.</p>
<p>Outside of lockdown periods, different regions of Australia show very different patterns. Post the second wave, Victorians remained cautious, mixing less than anywhere else in the country and maintaining micro-distancing behaviours. In contrast, those not on the Eastern seaboard continued to mix more. </p>
<p>However, when the virus arrives and stay-at-home policies are enacted, we all respond similarly. Incursions of the virus into Western Australia and the Northern Territory in 2021 resulted in enormous changes in behaviour. </p>
<p>Our behaviour changes for reasons other than government policy. As our perception of risk increases, we naturally increase our distancing behaviours. We have noted increased macro- and micro-distancing behaviours as cases grow, and sometimes before stay-at-home measures are imposed. We have also seen reduced distancing as case numbers drop.</p>
<h2>Has behaviour change driven spread of the Delta variant?</h2>
<p>Probably not. </p>
<p>The emergence of the Delta variant has fundamentally changed our ability to control COVID. The Delta variant is approximately twice as infectious as ancestral strains from early 2020. Behaviours which stopped COVID in its tracks earlier in the pandemic can now only slow its spread.</p>
<p>Our modelling of distancing behaviours and of transmission potential allow us to test theories. </p>
<p>We can ask: if Delta were established and people behaved as they did in Victoria in August 2020 (during the second wave of the original COVID strain), could we control transmission? Back then, we estimated <a href="https://www.health.gov.au/resources/publications/coronavirus-covid-19-common-operating-picture-27-august-2020">transmission potential to be 0.56</a>. Adjusting for Delta by doubling 0.56 leads to a number greater than 1, meaning we would likely see a growing outbreak.</p>
<p>The reverse scenario can also be modelled. The current behaviours in the Australian Capital Territory, New South Wales and Victoria would all likely be sufficient to curb transmission of the earlier COVID strain.</p>
<p>Although case numbers are higher this year, we are still reducing our contacts and slowing the spread of the virus as we did in 2020. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="friends bump elbows in greeting" src="https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/424634/original/file-20211005-21-16f5yg.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">People in lockdown are missing mixing with friends.</span>
<span class="attribution"><a class="source" href="https://image.shutterstock.com/image-photo/young-people-friends-bump-their-260nw-1848140431.jpg">Shutterstock</a></span>
</figcaption>
</figure>
<h2>Why aren’t lockdowns sufficient?</h2>
<p>The aggregate measures of behaviour do not tell the whole story. </p>
<p>Some sections of the community are unable to work from home and are therefore limited in their ability to reduce their contacts. Lockdowns are not effective at reducing transmission in some workplaces. So despite careful behaviour we can still see rising caseloads. </p>
<p>It’s a pattern that’s played out throughout the pandemic. </p>
<p>In NSW, recent transmission has mainly been in essential workers. In the Victorian second wave, a large amount of transmission was in residential aged care homes, where workers and residents had unavoidable close contact.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/are-you-double-dosed-how-to-ask-friends-and-family-if-theyre-vaccinated-and-how-to-handle-it-if-they-say-no-168754">'Are you double dosed?' How to ask friends and family if they're vaccinated, and how to handle it if they say no</a>
</strong>
</em>
</p>
<hr>
<h2>Signs of lockdown fatigue?</h2>
<p>Illegal gatherings can lead to clusters of infections (as reported after the <a href="https://www.abc.net.au/news/2021-09-30/victoria-records-new-covid-cases-and-vaccine-progress/100502450">AFL Grand Final</a>).</p>
<p>While these well-publicised events tend to be one-offs, they are costly because they seed the virus into new communities. Victoria’s Delta outbreak is now larger than it might have been.</p>
<p>Thankfully these types of events, driven by a minority of individuals, don’t reflect the broader population’s choices. They don’t reflect our collective ability to slow the spread of the virus.</p>
<p>Despite early challenges, we are now on a trajectory to achieving world-leading vaccine coverage. We have already seen high vaccine coverage help turn the NSW epidemic around. Victoria is not far behind. </p>
<p>Every vaccine administered makes outbreak control easier. And every choice we make about how we interact with others matters.</p><img src="https://counter.theconversation.com/content/168946/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Christopher Baker receives funding from The Australian Government Departments of Health and Foreign Affairs and Trade.</span></em></p><p class="fine-print"><em><span>Freya Shearer receives funding from The Australian Government Departments of Health and Foreign Affairs and Trade.</span></em></p><p class="fine-print"><em><span>James McCaw receives funding from the Australian Government Departments of Health and Foreign Affairs and Trade, the Australian Research Council and the National Health and Medical Research Council. He is an invited expert member of the Australian Health Protection Principal Committee.</span></em></p><p class="fine-print"><em><span>Nick Golding receives funding from The Australian Government Department of Health.</span></em></p>There have been some very public examples of ‘compliance fatigue’. But tracking behaviour shows Australians have been responding to rules and perceived risks – and all our efforts matter.Christopher Baker, Research Fellow in Statistics for Biosecurity Risk, The University of MelbourneFreya Shearer, Research Fellow, Epidemic Decision Support, The University of MelbourneJames McCaw, Professor in Mathematical Biology, The University of MelbourneNick Golding, Honorary Research Fellow, Telethon Kids Institute, and Professor, Curtin School of Population Health, Curtin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1561332021-03-16T15:16:42Z2021-03-16T15:16:42ZCompanies should try collaboration – not coercion – when dealing with their suppliers<figure><img src="https://images.theconversation.com/files/389507/original/file-20210315-19-nk2b7d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>There is growing consensus among both <a href="https://www.mckinsey.com/business-functions/sustainability/our-insights/starting-at-the-source-sustainability-in-supply-chains">managers</a> and <a href="https://www.sciencedirect.com/science/article/abs/pii/S0959652618330476?via%3Dihub">scholars</a> that corporations need to work with their suppliers to enhance their social and environmental performance. These expectations have increased also because of scandals, such as the <a href="https://www.theatlantic.com/business/archive/2017/05/rana-plaza-four-years-later/525252/">Rana Plaza disaster</a> in Bangladesh in which over 1,100 workers died after a factory collapsed. The tragedy highlighted the precarious working and living conditions of garment workers producing clothing for well-known brands like <a href="https://www.theguardian.com/sustainable-business/sustainable-fashion-blog/2015/apr/10/rana-plaza-are-fashion-brands-responsible-for-those-they-dont-directly-employ">Benetton</a>. </p>
<p>Supply chain sustainability efforts are not just there to prevent public relations scandals. They can also have a widespread positive impact given that <a href="https://www.forbes.com/sites/jwebb/2018/02/28/how-many-suppliers-do-businesses-have-how-many-should-they-have/?sh=83605059bb72">many thousands of companies</a> make up the supply chains of corporations. Corporate buyers often have significant influence over suppliers, so they can motivate and enable – or even force – suppliers to improve their performance on human rights and environmental concerns.</p>
<p>But managers of corporate supply chains face difficult questions and differing prescriptions as to how to go about this. </p>
<p>On the one hand, there are <a href="https://www.bsr.org/reports/BSR_UNGC_SupplyChainReport.pdf">recommendations</a> that managers should compel suppliers to comply with specified social and environmental standards, such as labour conditions or pollution limits. This may be checked through supplier self-assessments, by internal auditors, or by third-party auditors. If a supplier fails to comply, they may face penalties – or even lose their contracts. Some argue such coercive systems create the necessary incentives for suppliers <a href="https://link.springer.com/article/10.1007/s10551-013-1622-5">to improve</a> their performance on social and environmental issues.</p>
<p>On the other hand, managers are <a href="https://hbr.org/2020/03/a-more-sustainable-supply-chain">advised</a> to adopt a more collaborative approach with suppliers. This is meant to enable joint learning in the supply chain and more responsiveness to different contexts and circumstances. </p>
<p>Those supporting a more collaborative approach <a href="https://journals.sagepub.com/doi/10.1177/001979390706100101">point to evidence</a> that coercive systems make suppliers do as little as possible to meet compliance requirements, or even cheat. A coercive approach may foster a “checkbox” mentality and stifle learning and innovation.</p>
<p>In our recently published <a href="https://journals.sagepub.com/doi/abs/10.1177/1086026620921454">research</a> we looked at these contrasting approaches. We conducted an experiment to compare a “coercive” approach focused on compliance with mandated environmental standards and an “enabling” approach focused on collaboration. </p>
<p>We found that the enabling approach was more likely to create attitudes among suppliers that were conducive to learning. This suggests that corporate managers should include an enabling approach in their efforts to increase suppliers’ social and environmental performance. </p>
<h2>The experiment</h2>
<p>Our first step was to develop hypotheses about how different approaches might influence supplier engagement on sustainability issues. To do so, we built on <a href="https://doi.org/10.2307/2393986">influential prior work</a> on two kinds of administrative systems. “Coercive” systems focus on compliance with specified requirements. “Enabling” systems emphasise learning, flexibility and collaboration.</p>
<p>Our hypotheses focused on how these systems influenced supplier managers’ attitudes to the administrative system, to sustainability goals, and to their relationship with the corporation. We focused on attitudes because they tend to <a href="https://doi.org/10.1111/j.1754-9434.2007.0002.x">shape engaged behaviour</a> in organisations.</p>
<p>We then tested these hypotheses in an <a href="https://journals.sagepub.com/doi/abs/10.1177/1086026620921454">experiment</a> in a large South African insurance company. An experimental research design <a href="https://journals.sagepub.com/doi/10.1177/1086026616677827">can help address</a> some of the methodological constraints of cross-sectional studies comparing different companies and contexts.</p>
<p>The corporation we chose was making a new effort to improve sustainability performance among its suppliers. The focus was on its over 1,000 motor body repair service providers. These suppliers had important <a href="https://www.inderscience.com/info/inarticle.php?artid=31671">sustainability challenges</a> related to, for example, air and water pollution resulting from paint spraying, or the disposal or recycling of old car parts such as bumpers.</p>
<p>We invited 900 suppliers to participate in the experiment and eventually had a sample of 113 go through the whole process. </p>
<p>We divided suppliers into three groups, including a control group. All suppliers were asked to complete a baseline survey to measure their attitudes.</p>
<p>One group was asked to respond to an additional set of open-ended questions that represented an “enabling” approach. These questions explored how the suppliers planned to address sustainability issues, and how they might be supported in that process. For example, one of the questions was: “Are there ways in which your company could dispose of solid and liquid waste in a more environmentally sustainable way?” </p>
<p>The questions meant to communicate the corporation’s interest in collaborating with suppliers towards shared environmental objectives.</p>
<p>Another group received a more focused and restrictive set of questions, including requests for specific quantitative data. This represented the “coercive” approach. For example, one of the questions was: “What environmental safeguard has your company implemented for its spray booths?” Respondents had to choose from three response options.</p>
<p>Three months later, all respondents were asked to complete a follow-up survey to assess how their attitudes had changed during the process.</p>
<h2>The strengths of an enabling approach</h2>
<p>Our findings confirmed that an “enabling” approach fostered positive attitudes among suppliers about corporate efforts to enhance the supply chain’s sustainability performance. Suppliers who received the “enabling” treatment felt the administrative system in the supply chain supported learning. The treatment also strengthened their views that sustainability goals were important for the corporation.</p>
<p>In contrast, the “coercive” approach did not produce such positive attitudes. Instead it eroded some suppliers’ belief that they could raise and discuss issues with the corporation. </p>
<p>The implication for managers is that they should be careful about adopting too “coercive” an approach. This can harden attitudes and diminish the willingness and ability of suppliers to learn and share information with their partners. </p>
<p>This does not mean that performance standards and monitoring should be left out of supply chain strategies. But these kinds of compliance-oriented elements should be combined with efforts that signal a willingness to collaborate with suppliers on finding sustainable solutions.</p><img src="https://counter.theconversation.com/content/156133/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ralph Hamann has received funding from the National Research Foundation (South Africa), from the University of Cape Town, and from the Embedding Project, in which the company mentioned in this article is a contributing member. For more information about the Embedding Project, see <a href="https://www.embeddingproject.org">https://www.embeddingproject.org</a>.</span></em></p><p class="fine-print"><em><span>Frank Brueck is Executive Vize-President of the GOLDEN for Impact Foundation. He is affiliated with the University of Stellenbosch Business School.</span></em></p><p class="fine-print"><em><span>Franz Wohlgezogen has received funding from the Golden for Impact Foundation. He is affiliated with the Centre for Evidence-based Management.</span></em></p><p class="fine-print"><em><span>Joerg S. Hofstetter is president of the International Forum on Sustainable Value Chains (ISVC). ISVC received funding from the Swiss National Science Foundation.</span></em></p>An enabling approach was more likely to create attitudes among suppliers that were conducive to learning.Ralph Hamann, Professor, University of Cape TownFrank Brueck, Associate lecturer, Stellenbosch UniversityFranz Wohlgezogen, Senior Lecturer of Management and Leadership, The University of MelbourneJoerg S. Hofstetter, Associate professor, Kedge Business SchoolLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1469772020-11-12T16:15:03Z2020-11-12T16:15:03ZCOVID-19 crackdowns: Fines are fine but bring on the ‘norm entrepreneurs’<figure><img src="https://images.theconversation.com/files/366869/original/file-20201101-19-18ab5cm.jpg?ixlib=rb-1.1.0&rect=0%2C73%2C5656%2C4603&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The second wave of COVID-19 requires what's known as 'norm entrepreneurs,' well-known and influential people who can encourage people and businesses to adhere to coronavirus containment measures. </span> <span class="attribution"><span class="source">(Patrick Fore/Unsplash)</span></span></figcaption></figure><p>The number of COVID-19 infections are back up and rising rapidly in many parts of Canada. Gone are the <a href="https://www.theglobeandmail.com/opinion/article-the-taste-of-pandemic-freedom-we-enjoyed-is-over/">hopeful days</a> of summer when we believed we were wrestling the contagion to the ground.</p>
<p><a href="https://www.theglobeandmail.com/canada/article-ontario-and-quebec-schools-shut-down-amid-covid-19-outbreak/">The reopening of schools across the country</a> was contentious amid fears that they could become super-spreader sites. </p>
<p>British Columbia largely contained the first wave. <a href="https://www.theglobeandmail.com/opinion/editorials/article-bonnie-henry-contained-bcs-first-wave-of-the-virus-the-second-wave/">It is struggling to limit the second</a>. Manitoba <a href="https://www.cbc.ca/news/canada/manitoba/manitoba-premier-brian-pallister-covid19-1.5796537#:%7E:text=Starting%20Thursday%2C%20Manitobans%20are%20banned,masked%2Dup%20gym%20work%20outs">has had to move to red-alert level</a> to deal with rising levels of infections. </p>
<p>In Ontario, <a href="https://www.cbc.ca/news/canada/toronto/premier-ontario-cases-covid-sept19-1.5731049#:%7E:text=A%20limit%20of%2010%20people,outdoors%20for%20next%2028%20days&text=Premier%20Doug%20Ford%20announced%20the,of%20COVID%2D19%20on%20Saturday.">permissible</a> numbers for social gatherings have now been reduced to 25 for outdoors and 10 for indoors. <a href="https://www.cbc.ca/news/canada/toronto/covid-19-coronavirus-ontario-bars-1.5738636">Strip clubs</a> have been closed and the hours of bars and restaurants have been limited.</p>
<p>Getting people to observe these restrictions, however — and perhaps more drastic ones ahead — is a critical issue. Questions of compliance <a href="https://healthydebate.ca/opinions/police-compliance-sanctions-covid19">with mitigation</a> efforts have been ongoing from the very beginning of official attempts to contain the spread of the virus.</p>
<p>A continuing issue is the disproportionate impact on racialized people, the homeless and others that can occur because of discriminatory enforcement. As the police enforce the laws they, themselves, must be policed.</p>
<h2>How to get people to conform</h2>
<p>Ontario Premier Doug Ford has <a href="https://globalnews.ca/video/6737247/coronavirus-outbreak-were-coming-after-you-ford-warns-businesses-price-gouging-during-pandemic/">once again threatened get-tough sanctions and aggressive tactics</a>. “<a href="https://toronto.ctvnews.ca/we-re-coming-after-you-ontario-premier-slams-people-ignoring-quarantine-rules-1.5096561?cache=piqndqvkh">We’re coming after you</a>” has been his battle cry against those not obeying various restrictions. </p>
<p>Huge fines may be levied against transgressors. Restaurants and other places violating limits may be closed down. This no-nonsense approach can work for some people and establishments, but it has limits.</p>
<figure class="align-center ">
<img alt="Doug Ford, wearing a mask, walks into a news conference at Queen's Park." src="https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=462&fit=crop&dpr=1 600w, https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=462&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=462&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=581&fit=crop&dpr=1 754w, https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=581&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/366870/original/file-20201101-18-5a1h8l.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=581&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Ontario Premier Doug Ford, centre, walks to a news conference to outline new COVID-19 restrictions at Queen’s Park in Toronto on Oct. 2, 2020.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Nathan Denette</span></span>
</figcaption>
</figure>
<p>Most people obey the law most of the time. The same is true for COVID-19 restrictions. But what to do about people who defy any efforts to conform? Just a few violators can spread a lot of contagion, so more is needed beyond threats. </p>
<p>But sanctioning people for disregarding restrictions means the harm has already been done. And threats of punishment simply do not deter violators — for example, those misguided and sometimes malevolent people who insist their civil liberties <a href="https://www.thestar.com/opinion/contributors/2020/06/24/making-masks-mandatory-is-not-a-civil-liberties-issue.html">are being violated</a> by requirements to wear a mask. </p>
<h2>Promoting social norms</h2>
<p>Enter “<a href="https://doi.org/10.1177/0010836702037001689">norm entrepreneurs</a>,” people who aim to change or influence social norms.</p>
<p>Most laws achieve high levels of compliance because norms — or social attitudes about what should be done — are aligned with them. There’s a <a href="https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780195379877.001.0001/acprof-9780195379877">whole body </a> of literature on norms and their relationship to law. </p>
<p>What’s needed right now are highly visible and respected people who can promote even greater levels of COVID-19 compliance — in other words, norm entrepreneurs.</p>
<p><a href="https://www.who.int/china/news/detail/01-06-2017-who-launches-smoke-free-celebrity-campaign-targeting-youth-emphasis-on-coolness-and-self-empowerment">Chinese</a> and <a href="https://www.gov.uk/government/news/celebrities-put-the-stop-into-stoptober">British celebrities</a> have played a part in campaigns to persuade folks <a href="https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780195379877.001.0001/acprof-9780195379877">not to smoke</a>. They could do the same on COVID-19 containment. </p>
<p>Some are already doing their part.</p>
<p>B.C.-born actor Ryan Reynolds, famous for his Hollywood superhero roles, has also become a norm entrepreneur. He’s helping to control the spread of COVID-19 with a public service announcement in which he warns of the dangers. It has the brilliant tag line: “<a href="https://www.vicnews.com/news/dont-kill-my-mom-ryan-reynolds-calls-on-young-british-columbians-to-be-covid-smart/">Don’t kill my Mom</a>.”</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/DPXGxo9aMpk?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Ryan Reynolds pitched in, humorously, to appeal to young Canadians. Courtesy of Vancouver Sun.</span></figcaption>
</figure>
<p>The messaging is therefore directed at young people, warning of the harm that can come to them if they become infected and, perhaps even more importantly, the damage they can do to others, especially the vulnerable, if they spread the contagion. </p>
<p>Actor Paul Rudd is doing something along the same lines for what’s called the “<a href="https://www.governor.ny.gov/news/governor-cuomo-launches-new-psa-latest-series-mask-america-campaign">Mask Up America</a>” campaign in New York state. </p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/5ngNuuPpmj8?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Paul Rudd appears in a public service announcement encouraging mask use on New York Gov. Andrew Cuomo’s official YouTube channel.</span></figcaption>
</figure>
<p>There have also been some earlier efforts by <a href="https://www.independent.co.uk/life-style/coronavirus-social-distancing-lady-gaga-emily-ratajkowski-symptoms-a9403066.html">individual celebrities</a> using their own social media accounts to urge people to support mitigation efforts.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1239248981718208512"}"></div></p>
<h2>Enlisting the help of celebrities</h2>
<p>Canada’s federal and provincial governments should enlist the aid of various notables to promote a message of compliance. Margaret Atwood may persuade some. Drake others. Highly visible individuals in particular communities could convince still others. And so forth. </p>
<p>Ford’s blunt and threatening style has its place. But it needs to be accompanied by a chorus of prominent voices that seek to persuade Canadians that compliance is in everyone’s interest; that falling into line with these revised restrictions is the best way to prevent the imposition of even more drastic ones.</p>
<p>Shakespeare in <a href="https://www.poetryfoundation.org/poems/56973/speech-now-is-the-winter-of-our-discontent"><em>Richard III</em></a> speaks of “the winter of our discontent.”</p>
<p>We are likely about to learn a new, modern meaning of that phrase. The contagion stalks us with fresh vigour while the nights grow longer and the days grow colder. The virus must be controlled lest its havoc be unbounded, as Shakespeare himself might have put it.</p><img src="https://counter.theconversation.com/content/146977/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bill Bogart has received funding from Social Science and Humanities Research Council . </span></em></p>A chorus of prominent voices that seek to persuade Canadians that COVID-19 compliance is in everyone’s interest.Bill Bogart, Distinguished University Professor and Professor of Law Emeritus, University of WindsorLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1469002020-09-29T13:11:20Z2020-09-29T13:11:20ZWill increasing fines make people comply with coronavirus rules?<p>The UK is under a new <a href="https://theconversation.com/the-uks-new-coronavirus-restrictions-explained-by-a-public-health-expert-146729">coronavirus regime</a> – one in which pubs close at 10pm and businesses not deemed “COVID-secure” can be forced to close. That also means there is a new set of fines for those who break the rules, for example, by not wearing a mask in the back of a taxi.</p>
<p>Compliance with coronavirus rules has been <a href="https://www.bbc.com/news/uk-54320482">decreasing over time</a>, which is expected – I <a href="https://theconversation.com/complying-with-lockdown-does-become-harder-over-time-heres-why-138691">predicted</a> as much back in May. To combat this, the UK government has doubled the fine for first offences from £100 to £200, and introduced penalties of up to £10,000 for breaking isolation, in the hope that the new penalties will increase compliance with the rules. </p>
<p>But will it work?</p>
<h2>Why we comply</h2>
<p>In economics, there has been a sustained interest in the effects of sanctions on behaviour since <a href="https://link.springer.com/chapter/10.1007/978-1-349-62853-7_2">at least the late 1960s</a>. In particular, the literature on <a href="https://www.sciencedirect.com/science/article/pii/0047272772900102">compliance in paying taxes</a>, which has interesting parallels with the domain of health. </p>
<p>Three parallels between paying tax and complying with coronavirus measures are noteworthy: </p>
<ol>
<li>The action taken (paying taxes, staying indoors, wearing a mask, washing hands) is costly for the individual.<br></li>
<li>Compliance benefits society as a whole.<br></li>
<li>Both individual and societal benefits are hard to observe.<br></li>
</ol>
<p>This last point is particularly important. When benefits are hard to observe, our perception of them becomes critically important for the question of whether we comply. For some, the perceived benefits are high, perhaps higher than the actual benefits accrued to society and the individual. For others, the perceived benefits are low, perhaps lower than the costs they must pay to comply. </p>
<p>From here, it is relatively straightforward to see that for some, the perceived benefits are high enough to outweigh the costs of compliance, and hence these people choose to comply. For others, the perceived benefits of compliance are lower than the costs, and hence they do not. So to increase compliance, the perceived benefits of doing so need to increase.</p>
<p>The problem is that perceptions are hard to shift, and require high degrees of trust and consistent communication from those asking you change your behaviour. Instead, policymakers have traditionally focused on <a href="https://books.google.co.uk/books?hl=en&lr=&id=vJGHrRl1s7kC">enforcement and deterrence</a>, effectively raising the costs of non-compliance. </p>
<h2>Why deterrence doesn’t work</h2>
<p>To see why simply increasing fines may not be the best way to change behaviour, let’s <a href="https://books.google.co.uk/books?hl=en&lr=&id=dh0qhqTOtb0C">follow the literature</a> and distinguish between two aspects of compliance: </p>
<ol>
<li><p><strong>Voluntary compliance.</strong> This is where we follow the rules even in the absence of enforcement mechanisms. This represents a high degree of cooperation and is the level of compliance that governments typically aim for. </p></li>
<li><p><strong>Enforced compliance.</strong> This is when we comply with a rule solely to avoid fines. Enforced compliance typically increases adherence to only those rules that are observable and enforceable. This represents a low degree of cooperation.</p></li>
</ol>
<p>To increase enforced compliance, the government has <a href="https://www.jstor.org/stable/2565123">three options</a>: increase monitoring, increase fines or to increase both. Increasing monitoring is very expensive as it requires, for example, extra policing. Increasing fines is the cheaper policy option, and can allow for additional monitoring over time if necessary. </p>
<p>But there are drawbacks to both these approaches. The first is that they generally apply to easily observable phenomenon such as wearing a mask at a store, but not to washing hands at home. This means that the range of behaviours you can target with enforced compliance strategies are limited. The second drawback is that these strategies can backfire and actually reduce compliance, particularly if the fines are <a href="https://www.nature.com/articles/nature01474">perceived as unfair</a>. Studies of tax payers in <a href="https://www.ntanet.org/NTJ/59/4/ntj-v59n04p817-32-audits-enhance-compliance-empirical.html">Chile, Argentina</a> and the US state of <a href="https://www.sciencedirect.com/science/article/abs/pii/S0047272799001073">Minnesota</a> have all shown that increased auditing can have the unintended effect of decreasing the amount of tax paid.</p>
<p>In a <a href="https://www.sciencedirect.com/science/article/pii/S0167487019301746">recent paper</a>, my coauthors and I used data from 44 countries to show that, when it comes to paying taxes, if citizens believe authorities can detect and sanction behaviour easily, enforced compliance increases because of the fear of being found out. In the same vein, if people believe the authorities are working in the best interest of citizens, voluntary compliance increases. </p>
<h2>Compliance and coronavirus</h2>
<p>In the absence of a vaccine, voluntary compliance remains our best defence against COVID-19. Yet <a href="https://www.bbc.co.uk/news/uk-54309603">recent protests</a> in the UK against the regulations show that there is a lot more that needs to be done to get people on board.</p>
<p>Research carried out over the course of the current pandemic has shown that people are more likely to voluntarily follow the rules when <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7185265/">their perceived risk of catching the virus is high</a>, and when they believe that <a href="https://www.sciencedirect.com/science/article/pii/S2589791820300098">compliance is effective in avoiding COVID-19</a>. </p>
<p>So beyond the new coronavirus fines, the government should focus on getting people to do the right thing because they want to, wherever they are. The way to do this is to focus on communicating guidelines clearly and taking steps to gain and retain citizen trust. </p>
<p>Communication of the dangers of non-compliance needs to be clear and consistent, something that has not always been the case so far. The Dominic Cummings scandal – in which the senior government adviser was <a href="https://www.bbc.com/news/uk-52811168">revealed</a> to have broken the rules by driving to Durham from London during lockdown – <a href="https://theconversation.com/we-asked-people-if-they-were-breaking-lockdown-rules-before-and-after-the-dominic-cummings-scandal-heres-what-they-told-us-139994">badly damaged trust</a> in the government. Confusion over whether the government and its scientific advisers actually <a href="https://www.independent.co.uk/news/uk/politics/coronavirus-uk-herd-immunity-government-emails-discussion-vallance-whitty-b551288.html">supported the idea of herd immunity</a> at the start of the pandemic has also muddied the waters significantly. </p>
<p>Fines for failing to follow the rules may bring some people into line for fear of being found out. But to really get everyone involved in preventing coronavirus by washing hands, physically distancing and wearing masks, the government needs to communicate better and try to restore trust.</p><img src="https://counter.theconversation.com/content/146900/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sheheryar Banuri does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>What makes us comply with the rules? Behavioural economics holds some clues for how to enforce coronavirus measures.Sheheryar Banuri, Associate Professor, School of Economics, University of East AngliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1317112020-06-17T16:56:30Z2020-06-17T16:56:30ZAirbus: flying high on the wings of corruption<figure><img src="https://images.theconversation.com/files/342466/original/file-20200617-94078-17enfs0.jpg?ixlib=rb-1.1.0&rect=0%2C6%2C1497%2C997&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Cockpit of the Airbus A330-900.</span> <span class="attribution"><a class="source" href="https://www.airbus.com/aircraft/passenger-aircraft/a330-family/a330-900.html">P. Pigeyre/Airbus</a></span></figcaption></figure><p>On January 31, 2020, the European aerospace manufacturer Airbus agreed to pay nearly <a href="https://www.nytimes.com/2020/01/31/business/airbus-corruption-settlement.html">3.7 billion euros in fines to settle bribery charges</a> stemming from a four-year investigation by French, British, and US authorities. The investigations found that for more than a decade the firm bribed officials in 16 countries through intermediaries to buy its aircraft and satellites. France will receive the largest settlement, 2.1 billion euros, while the UK will receive nearly 1 billion, and the United States more than 500 million.</p>
<p>The case shows that European authorities have finally decided to make credible justice decisions against firms that use bribery and other forms of corruption to maintain and develop their business. It is also a learning opportunity for anyone interested in white-collar crime, and a number of theories developed by criminology researchers allow us to better understand how Airbus was able to operate so long with such impunity.</p>
<h2>Globe-spanning corruption</h2>
<p>Headquarters in Netherlands, Airbus has key operations in France, Germany, Spain and the United Kingdom. It’s one of the world’s largest manufacturers of commercial aircraft, helicopters and other high-tech products in the defence and space sectors. According to documents from the US Department of Justice, from 2008 to 2015 Airbus used its Strategy and Marketing Organization (SMO) branch to funnel <a href="https://www.justice.gov/opa/pr/airbus-agrees-pay-over-39-billion-global-penalties-resolve-foreign-bribery-and-itar-case">millions of bribes to decision-makers and influencers to obtain business deals</a>. Countries involved included the United Arab Emirates, China, South Korea, Nepal, India, Taiwan, Russia, Saudi Arabia, Vietnam, Japan, Turkey, Mexico, Thailand, Brazil, Kuwait, Colombia, South Korea, Indonesia, Sri Lanka, Malaysia, Taiwan, Ghana and Mexico.</p>
<p>When categorising white-collar crimes, a key factor is the separation between those involving individuals or a few people, and corporate cases. Given the SMO’s role, the Airbus case was clearly one of an organisational crime. SMO was a significant business unit for Airbus, with around 150 employees and an initial annual budget of 300 million US dollars. The branch was created to compile and appraise applications from potential business partners for the purpose of <a href="https://www.sfo.gov.uk/download/airbus-se-deferred-prosecution-agreement-statement-of-facts/">compliance risk assessment</a>. As a corruption machine SMO operated from 2008 to 2015, and long-term fraud implies internal learning systems in the fraudulent firm, with former employees transmitting fraud techniques to new recruits. </p>
<p>Indeed, Donald Sutherland’s <a href="https://www.thoughtco.com/differential-association-theory-4689191">theory of differential association</a> shows that certain crimes are not innate at all, but learned through contact with experienced criminals. The individuals involved in white-collar crimes are nominally respectable, or at least respected, making the crimes themselves ones that are committed by elites. That was the case with the Airbus case: the documents involve behaviour by senior executives, government and foreign officials, a board of directors, businessmen, an international-compliance officer and a general counsel.</p>
<p>A particularity of economic crime is its technical difficulty. Criminals in organisations are experts in developing systems to conceal their frauds. The techniques used by SMO could be easily included in a manual for how to pay bribes: </p>
<ul>
<li><p>Acquisition of a company belonging to an airlines executive at inflated price.</p></li>
<li><p>Acquisition of luxury estate properties for the use of an influential individual.</p></li>
<li><p>Purchase by a subsidiary based in a foreign country of shares in an entity belonging to the son of a commercial intermediary through money transferred via another country.</p></li>
<li><p>Sponsoring a sport team belonging to an airline executive.</p></li>
<li><p>Recruitment of the spouse of a key executive as a business partner using a straw company (despite the fact that the spouse had no relevant expertise).</p></li>
</ul>
<p>To cite a specific example, Chinese officials were invited to a business trip to Hawaii in 2013 with a 30-minute daily briefing about business information followed by “more important” activities such as <a href="https://www.justice.gov/opa/press-release/file/1241491/download">golf, scuba diving, horseback riding, and surfing lessons</a>.</p>
<h2>SMO: the corruption machine</h2>
<p>In addition, the criminologist <a href="https://www.journals.uchicago.edu/doi/abs/10.1086/221475">Donald Cressey</a> explained the emergence of of organisational crime by the existence of an opportunity. A typical opportunity was further described by <a href="https://www.jstor.org/stable/2094589?seq=1">Cohen and Felton</a> as the insufficient surveillance system. Thus, SMO produced fake documents and invented stories to fit international compliance requirements. SMO executives developed different techniques to look like following the best due-diligence practices without actually doing them. In a Russian case, SMO instructed an external company to conduct due diligence to evaluate the quality of a potential business partner, which in fact was in charge of paying approximately 9 million euros of bribes. To prepare the audit, the SMO International manager <a href="https://www.agence-francaise-anticorruption.gouv.fr/files/files/CJIP%20AIRBUS_English%20version.pdf">wrote to the commercial intermediary in charge of paying bribes</a>:</p>
<blockquote>
<p>“Compliance is buying the story, we now only need to ‘justify’ your past experience”, to which the commercial intermediary replied: “Sir, Yes Sir! […] I am going to try to find something to write for you ;-)”</p>
</blockquote>
<p>The external audit raised red flags about the Russian business partner: no registered office, no financial account, no ability to provide the services offered to SMO. Still, a contract was signed and money transferred.</p>
<p>In his <a href="https://www.simonandschuster.com/books/The-Division-of-Labor-in-Society/Emile-Durkheim/9781439118245">“anomie” theory</a>, French sociologist Emile Durkheim explained the importance of punishment in fixing norms of behaviour for a society. The fines Airbus paid are a “stick” that will teach the aircraft manufacturer that compliance must be respected, and they will follow now the best compliance practices. </p>
<p>In a press release, Guillaume Faury, chief executive officer of Airbus, <a href="https://www.airbus.com/newsroom/press-releases/en/2020/01/airbus-reaches-agreements-with-french-uk-and-us-authorities.html">stated</a>: </p>
<blockquote>
<p>“The agreements approved… with the French, UK, and US authorities represent a very important milestone for us, allowing Airbus to move forward and further grow in a sustainable and responsible way. The lessons learned enable Airbus to position itself as the trusted and reliable partner we want to be.”</p>
</blockquote>
<p>At the same time, Durkheim explained that a penalty is particularly important for all members of a society, who become aware of what is admissible or not. In the case of the competitors of Airbus, they too are aware that engaging in corrupt practices can have extremely painful consequences.</p><img src="https://counter.theconversation.com/content/131711/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bertrand Venard, professor at Audencia (France) and the University of Oxford (UK) is conducting several research projects about frauds such as cybersecurity and corruption. He is doing a major research project about cybersecurity behaviour, funded by the European Union (Project Number : 792137). He received funding from Anti-Corruption Commission of Bhutan. Indeed, he directed two major research projects to fight corruption in the mining industry and human resource management in the civil services of Bhutan. </span></em></p>In January Airbus agreed to pay nearly 4 billions euros to settle bribery charges. Theories developed by criminology researchers explain how the firm was able to operate so long with such impunity.Bertrand Venard, Professor, AudenciaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1296812020-01-10T19:31:25Z2020-01-10T19:31:25ZWeinstein jurors must differentiate between consent and compliance – which research shows isn’t easy<figure><img src="https://images.theconversation.com/files/309343/original/file-20200109-80148-ni83dc.png?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The jury at the Weinstein trial will have to check their biases about consent.</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-vector/twelve-jurors-sit-jury-box-court-729558217">Aleutie/Shutterstock.com</a></span></figcaption></figure><p>Did the women accusing Harvey Weinstein of sexual assault consent to his sexual advances of their own free will, or were they coerced?</p>
<p>Jurors’ answers to this question will be critical in determining the outcome of Weinstein’s trial, which <a href="https://www.bbc.com/news/entertainment-arts-50956870">began jury selection in New York on Jan. 7</a>.</p>
<p>I’m a <a href="https://www.ilr.cornell.edu/people/vanessa-bohns">scholar of social influence, compliance and consent</a>, and I’ve found that people often fail to fully appreciate the coercive dynamics of situations from the outside.</p>
<h2>The jury’s task</h2>
<p>Although more than <a href="https://www.wsj.com/articles/the-looming-question-in-rape-law-after-harvey-weinstein-11578066262">80 women</a> have publicly accused Weinstein of sexual harassment and assault, the New York trial comes down to two <a href="https://www.usatoday.com/story/entertainment/celebrities/2020/01/03/harvey-weinsteins-trial-what-know-me-too-case-goes-court/2774183001/">accusers</a> who say Weinstein sexually assaulted them.</p>
<p>Weinstein has argued that the encounters were consensual and claims as evidence <a href="https://www.nytimes.com/2020/01/05/us/harvey-weinstein-trial.html">emails</a> and texts showing an ongoing, intimate relationship with one of his accusers following the alleged assault. Weinstein’s lawyer, Donna Rotunno, for her part, has stated, “<a href="https://www.theguardian.com/film/2019/jul/11/harvey-weinstein-trial-legal-team-donna-rotunno">I believe women are responsible for the choices they make</a>.”</p>
<p>His defense team’s strategy, it appears, will be to cast doubt on the accusers’ accounts, depicting their actions as more autonomous and self-directed than the women claim their actions to have been.</p>
<p>To tease apart these competing accounts, jurors are likely to ask themselves, “Could these women have tried harder to avoid or remove themselves from these situations? Could they have said ‘no’ more forcefully?”</p>
<p>Unfortunately, research suggests that the answers people tend to come up with to these hypothetical questions don’t accurately capture how someone would actually behave in a such a situation.</p>
<p>We tend to imagine that people – including ourselves – would behave in bolder and more forceful ways in response to offensive and inappropriate behavior than people actually do when confronted with such behavior.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/309342/original/file-20200109-80153-chl10l.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Harvey Weinstein arrives for jury selection.</span>
<span class="attribution"><a class="source" href="http://www.apimages.com/metadata/Index/Sexual-Misconduct-Weinstein/ed150f31a96f45629afea3e4cb3736c1/42/0">AP Photo/Seth Wenig</a></span>
</figcaption>
</figure>
<h2>What the research says</h2>
<p>In a <a href="https://spssi.onlinelibrary.wiley.com/doi/abs/10.1111/0022-4537.00199">classic study</a>, researchers asked one group of women how they would respond to being asked a number of sexually inappropriate questions in a job interview.</p>
<p>When these women thought about this situation hypothetically, 68% said they would refuse to answer at least one of the questions, 62% said they would tell the interviewer the question was inappropriate and 28% said they would walk out of the interview.</p>
<p>However, when the researchers invited another group of women to take part in what they believed to be a real job interview and actually subjected them to the same questions, not a single interviewee refused to answer even one question, and hardly any explicitly addressed the inappropriate nature of the questions with the interviewer.</p>
<p>Moreover, participants who contemplated being asked these questions hypothetically imagined feeling angry. However, participants who actually found themselves in this situation reported feeling more afraid. Instead of confronting the interviewer out of anger, as anticipated, participants facing the interviewer in reality instead tried to appease him by smiling.</p>
<p>My colleagues and I have similarly found that people fail to appreciate how hard it is for someone to refuse <a href="https://www.nytimes.com/2014/02/09/opinion/sunday/would-i-lie-for-you.html">inappropriate</a>, <a href="https://www.nytimes.com/2019/04/30/opinion/police-phone-privacy.html">intrusive</a> and <a href="https://hbr.org/2018/04/to-reduce-sexual-misconduct-help-people-understand-how-their-advances-might-be-received">romantic</a> requests.</p>
<p>In <a href="https://www.nytimes.com/2019/04/30/opinion/police-phone-privacy.html">one of our studies</a>, 86% of participants believed a “reasonable person” would say “no” to an invasive request to unlock and hand over their phone to us to look through, and 72% said they themselves would refuse to do so. However, when we asked participants to do just that, only 3% actually refused.</p>
<p>In <a href="https://www.nytimes.com/2014/02/09/opinion/sunday/would-i-lie-for-you.html">another study</a>, participants overestimated by 56% the number of students on a college campus who would refuse to vandalize a library book when asked to do so, and in <a href="https://journals.sagepub.com/doi/full/10.1177/1948550618769880">yet another</a>, we found that targets of romantic advances felt more uncomfortable saying “no” than perpetrators of such advances realized.</p>
<h2>Compliance versus consent</h2>
<p>What all of this means is that while people frequently feel coerced into doing things they don’t want to do, others tend not to recognize these coercive pressures.</p>
<p>As a result, we tend to view others’ actions as freer and more autonomous than they experience them. We assume someone must have wanted to go along with something on some level; otherwise they would just have just said “no,” or said “no” more forcefully.</p>
<p>The jury selection process is <a href="https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryselect/">supposed to uncover potential biases</a> in the hopes of assembling an impartial jury. Much has been made of the difficulty of putting together an impartial jury due to jurors’ <a href="https://variety.com/2020/film/news/harvey-weinstein-trial-potential-jurors-1203459788/">preexisting biases</a> against Weinstein.</p>
<p>However, the widespread bias toward interpreting compliance as consent means that jurors are just as likely to have biases against his accusers’ version of events. Unfortunately, these more entrenched psychological biases are less likely to come out during jury selection.</p>
<p>[ <em>Insight, in your inbox each day.</em> <a href="https://theconversation.com/us/newsletters?utm_source=TCUS&utm_medium=inline-link&utm_campaign=newsletter-text&utm_content=insight">You can get it with The Conversation’s email newsletter</a>. ]</p><img src="https://counter.theconversation.com/content/129681/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Vanessa K. Bohns receives funding from the National Science Foundation. She is a member of the Academy of Management, which is a funding partner of The Conversation US.</span></em></p>As the Harvey Weinstein trials start, a psychology scholar explains why jurors may be biased on the question of consent. While the situations examined in these studies are not equivalent to sexual assault, they illustrate a pervasive psychological bias.Vanessa Bohns, Associate Professor of Organizational Behavior, Cornell UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/937882018-04-12T19:54:16Z2018-04-12T19:54:16ZNew electoral law could still hobble charities<figure><img src="https://images.theconversation.com/files/214425/original/file-20180412-584-57hw0v.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Charities are unclear about how they can engage in democracy because the terms in the proposed bill are unclear.</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>The Joint Standing Committee on Electoral Matters has released its <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/ELAEFDRBill2017/Advisory_Report">report</a> into the <a href="https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1117">Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017</a>.</p>
<p>The bill seeks to ban foreign donations to political parties and their “<a href="https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/associated-entities/index.htm">associated entities</a>”. But it also seeks to capture organisations, including charities, that undertake public advocacy on policy issues.</p>
<p>While much of the <a href="http://www.news.com.au/national/breaking-news/inquiry-set-to-back-foreign-donation-ban/news-story/d299458ec90c259ba51b1c74b669d296">media attention</a> has focused on the foreign donation ban, the bill also introduces a new <a href="https://probonoaustralia.com.au/news/2018/01/electoral-disclosure-funding-reform-explainer/">compliance framework</a> for such actors. This applies irrespective of whether they receive foreign donations or not.</p>
<p>The inquiry received over <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/ELAEFDRBill2017/Submissions">200 submissions</a> from a diverse range of charities, not-for-profit organisations, think tanks and legal experts. Most expressed major concerns about the complex and burdensome nature of the proposed compliance framework, and the “<a href="https://www.smh.com.au/politics/federal/chilling-effect-charities-slam-foreign-donations-ban-20171205-gzyyc0.html">chilling effect</a>” it could have on advocacy by charities in particular.</p>
<p>The committee made <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/ELAEFDRBill2017/Advisory_Report/section?id=committees%2freportjnt%2f024153%2f25956">15 recommendations</a> in its report, released on Monday. It provided in-principle support for the bill’s passage, subject to the recommendations being adopted. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/ban-on-foreign-political-donations-is-both-too-broad-and-too-narrow-and-wont-fix-our-system-88567">Ban on foreign political donations is both too broad and too narrow, and won't fix our system</a>
</strong>
</em>
</p>
<hr>
<p>The recommendations are a step in the right direction, responding to many of the concerns raised in the inquiry. But they are light on detail, and much will depend on how the government responds to them.</p>
<p>Contrary to what the chair of the committee, Senator Linda Reynolds, has <a href="https://www.theguardian.com/australia-news/2018/apr/09/coalition-told-to-rewrite-foreign-donations-bill-in-unanimous-report">stated</a>, a number of the recommended changes are complex. This is particularly the case with redefining “political expenditure”, a key term that underpins almost the entire bill.</p>
<h2>What is ‘political expenditure’?</h2>
<p>If a charity or other organisation incurs “political expenditure” above $13,500, then it becomes subject to the bill’s compliance framework. Additional requirements are imposed for those incurring more than $100,000, but the committee recommended this level be reviewed.</p>
<p>The definition of this term is unclear. It’s also potentially very broad. It includes any expenditure on the public expression of views on an issue that is “likely to be before electors in an election”, regardless of whether an election has been called. This could include activities such as publishing reports advocating for changes to government policies, media engagement, advertising and potentially even paying staff to do this work.</p>
<p>A big problem is that the bill provides no guidance on the specific types of activities that are captured, nor how a charity is meant to look into the future and predict whether an issue is “likely to be before electors in an election”.</p>
<p>This makes it almost impossible for a charity to know with any certainty whether it’s complying with the definition.</p>
<p>The Australian Electoral Commission provided a <a href="https://www.aph.gov.au/DocumentStore.ashx?id=7beebdf0-532f-45f7-9e58-0dbeaa2240df&subId=563593">supplementary submission</a> to the inquiry, setting out the seven steps it uses to interpret the definition.</p>
<p>But it’s complicated and unworkable, and involves looking at different party platforms to assess how topical an issue may be. A leading constitutional law expert, Professor Anne Twomey, has <a href="https://www.aph.gov.au/DocumentStore.ashx?id=43ebeda0-9672-48b3-b676-6b7ca6d2b5d0&subId=562439">extensively critiqued it</a>.</p>
<p>It’s therefore not surprising that the committee recommended the definition be amended to make it more precise. The aim would be to ensure it applies only to:</p>
<blockquote>
<p>expenditure undertaken to influence voters to take specific action as voters, so as not to capture non-political issue advocacy. </p>
</blockquote>
<p>However, this will be no simple task, as the line between the two is not clear.</p>
<p>For example, if a charity produces a document outlining the positions of different political parties on the issue of homelessness, how would that be defined? Arguably, it is just providing information to voters, rather than influencing them to “take specific action as voters”.</p>
<h2>What should be done?</h2>
<p>Although the committee made a laudable attempt to address the various flaws in the bill, there is no quick fix.</p>
<p>Given the key term underpinning the bill is flawed and cannot be easily redrafted, the best outcome would be for it to be withdrawn.</p>
<p>This would allow for more public consultation and the preparation of a comprehensive regulatory impact statement. This would quantify compliance costs and consider alternative policy options.</p>
<p>If the government won’t withdraw the bill, it at least needs to act on each of the committee’s recommendations. In doing so, it should undertake public consultation on the detail of any amendments and seek a genuine outcome that ensures advocacy by charities and other organisations isn’t stifled.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/federal-governments-foreign-donations-bill-is-flawed-and-needs-to-be-redrafted-92586">Federal government's foreign donations bill is flawed and needs to be redrafted</a>
</strong>
</em>
</p>
<hr>
<p>More broadly, it’s arguable that the entire premise for increased regulation of non-political party actors such as charities and other organisations is flawed. </p>
<p>Few would argue against the need for some basic disclosure requirements regarding their direct electioneering activities, to provide transparency about the origin of the funds used for these activities. But these requirements <a href="https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/guides/third-parties/index.htm">already exist</a>.</p>
<p>It’s not clear why a new compliance framework is needed to further burden these organisations, made up of people coming together to participate in our democratic processes. This is something explored in a US context in the book <a href="https://press.princeton.edu/titles/7030.html">Unfree Speech</a>. It argues against increased regulation because it restricts the free exchange of views, which is meant to be a cornerstone of democracy.</p>
<p>The argument for increased regulation of charities, including banning them from receiving donations from international philanthropy for use towards “political expenditure”, is particularly weak. By their very nature, charities exist for the public benefit. They are not permitted to have politically partisan purposes under the <a href="http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/num_act/ca2013104/s11.html#disqualifying_purpose">Charities Act 2013</a>.</p>
<p>There is no evidence that international philanthropy is using Australian charities to subvert our democracy. On the contrary, the support it provides helps charities advocate on important issues such as the role of <a href="https://australianaid.org/">Australian aid</a>.</p>
<p>Regulation can have benefits, but it can also have costs. If this bill becomes law, the cost could be a less vibrant democracy, with fewer voices willing to debate the policies that will shape our nation’s future.</p><img src="https://counter.theconversation.com/content/93788/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Krystian Seibert is affiliated with Philanthropy Australia, an organisation which made submissions to the Joint Standing Committee on Electoral Matters Inquiry into the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017. In his previous role as Philanthropy Australia's Advocacy & Insight Manager, he gave evidence before a public hearing of the Committee.</span></em></p>A parliamentary committee has identified major flaws in the Australian government’s proposed changes to electoral law, which have big implications for charities.Krystian Seibert, Industry Fellow, Centre for Social Impact, Swinburne University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/826772017-08-21T23:15:56Z2017-08-21T23:15:56ZWhy universities can’t be expected to police copyright infringement<figure><img src="https://images.theconversation.com/files/182629/original/file-20170818-7937-1mb0d7k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Copyright monitoring and enforcement would be an onerous and complex task for universities. </span> <span class="attribution"><span class="source">(Shutterstock)</span></span></figcaption></figure><p>As the new school year approaches, Canadian universities are grappling with the <a href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc669/2017fc669.html">Federal Court of Canada’s recent copyright decision</a> against York University.</p>
<p>The court ruled that York could not rely on its fair dealing policy and per-use licensing to copy works as a part of course packs, but must pay millions of dollars in licensing fees to <a href="http://www.accesscopyright.ca/">Access Copyright</a>, which sells blanket copyright licenses to organizations. </p>
<p><a href="https://www.writersunion.ca/news/federal-court-finds-favour-writers-rights">Publishers</a> felt vindicated, while <a href="http://www.michaelgeist.ca/2017/07/ignoring-supreme-court-trial-judge-hands-access-copyright-fair-dealing-victory/">fair</a> <a href="https://arielkatz.org/access-copyright-v-york-university-anatomy-predictable-avoidable-loss/">dealing</a> <a href="http://excesscopyright.blogspot.ca/2017/07/access-copyright-v-york-u-and-all-eyes_14.html">advocates</a> have argued that the decision is incorrect, fails to follow Supreme Court of Canada precedent and is likely to be overturned on appeal. <a href="http://news.yorku.ca/2017/07/31/york-university-appeal-recent-copyright-decision/">York has announced that it will appeal</a> the decision. </p>
<p>Twin problems arise from the decision. </p>
<p>One, as <a href="http://www.michaelgeist.ca/2017/07/ignoring-supreme-court-trial-judge-hands-access-copyright-fair-dealing-victory/">some</a> have noted, is the danger of a new, more restrictive interpretation of fair dealing when it comes to educational materials. </p>
<p>Fair dealing, which permits limited copying of copyright works and parts of works without permission or payment, was expanded by Parliament in 2012. The <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/9997/index.do">Supreme Court of Canada affirmed</a> that teachers’ handouts for elementary school classes is fair dealing.</p>
<p>The other problem, less discussed, is the danger that universities could be enlisted as copyright surveillance and enforcement watchdogs. </p>
<h2>Campus policing?</h2>
<p>The Federal Court emphasized a lack of enforcement mechanisms at York. It said that while York did “set up programs where instructors and students <a href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc669/2017fc669.html">agreed to copy within York’s copyright guidelines</a> and it did initiate procedures (on internal course web sites) to remind users of copyright obligations,” the university “<a href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc669/2017fc669.html">has no monitoring or enforcement mechanisms</a> to address compliance with copyright laws or even its own policies” on course sites. </p>
<p>The court appears to be suggesting that universities should go beyond education and reminders and should monitor the activities of users inside online classrooms. </p>
<p>There is a difference between educating — clearly an important role of universities — and the surveillance, monitoring and enforcement of copyright compliance on campus.</p>
<p>Off campus, the latter roles are played by copyright holders and legal authorities. In the digital world, Internet Service Providers (including those on campus) have a role in passing on notices of infringement. But they’re not generally required to continuously monitor their networks or autonomously enforce copyright provisions on them.</p>
<p>That’s appropriate, because copyright monitoring and enforcement is onerous and complex and can easily slide into over-enforcement that impedes speech.</p>
<h2>No spying requirement</h2>
<p>The Supreme Court of Canada, in its famous <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2125/index.do">CCH case</a>, decided that the Law Society of Upper Canada did not commit copyright infringement by providing photocopiers to its patrons. It ruled that “courts should presume that a person who authorizes an activity does so only so far as it is in accordance with the law.” </p>
<p>In other words, universities should have clear copyright policies in place, should educate about copyright and copyright policies and should remind users of these policies. But they are not required to spy on students and faculty in libraries or online.</p>
<p>Universities, like most organizations, have frequently erred on the side of caution in the past when setting copyright policy, often ignoring fair dealing altogether. It makes sense for organizations to be conservative to avoid copyright lawsuits, but it doesn’t serve students and faculty well.</p>
<p>Copyright monitoring can raise concerns about privacy and academic freedom, which Access Copyright itself acknowledges. Its <a href="https://arielkatz.org/wp-content/uploads/2012/04/2012-04-15-Model-licence-agreement_AC.pdf">model agreement</a> notes that its audits collect only anonymized bibliographic data, and acknowledges that entering student and faculty email and chat rooms would be inappropriate. </p>
<h2>Universities should educate, not spy</h2>
<p>Collecting anonymized data for the purposes of distributing royalties is one thing, but broad copyright surveillance and enforcement is not a job for universities. </p>
<p>Universities should teach students and faculty how to comply with copyright, should confirm that its agents are following policies correctly and should then be able to presume that those copying are doing so properly. </p>
<p>It may be appropriate for universities to collect anonymous data on what is being copied by university employees, as they’ve done in the past, but trolling through online classrooms and emails looking for infringement by students is not the role of universities.</p>
<p>Universities, university faculty associations, and Universities Canada should continue to insist on the appropriate role for universities in copyright: education.</p><img src="https://counter.theconversation.com/content/82677/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sara Bannerman has received funding from the Social Sciences and Humanities Research Council (SSHRC) and McMaster University. She works for McMaster University.</span></em></p>A recent Canadian court decision suggests universities should police any potential copyright infringements on campus and online. That’s the last thing universities should have to do.Sara Bannerman, Associate Professor and Canada Research Chair in Communication Policy and Governance, McMaster UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/454962015-08-06T02:19:22Z2015-08-06T02:19:22ZLet’s not regulate away the competition fintech can bring<figure><img src="https://images.theconversation.com/files/90843/original/image-20150805-22485-476osm.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Image sourced from Shutterstock.com</span></span></figcaption></figure><p>Fintech firms are infiltrating all areas of financial services, from payments platforms, lending, capital raising, investment, advice, insurance to capital markets.</p>
<p><a href="https://theconversation.com/fintech-might-be-hot-right-now-but-banks-are-still-winning-42053">Fintech</a> firms, which are essentially disruptive digital finance models, can help lower barriers to entry in financial services. They are also reducing transaction costs, addressing issues of information asymmetry, empowering consumers and facilitating international linkages. All these contribute to the regulatory goals of efficiency and fairness.</p>
<p>Around the world governments have responded positively to the new models, recognising the benefits of driving competition, and increasing access to markets, especially in areas such as small business finance. Models such as peer-to-peer lending and <a href="http://treasury.gov.au/ConsultationsandReviews/Consultations/2014/Crowd-sourced-Equity-Funding">Crowd Sourced Equity Funding (CSEF)</a> have been welcomed in the US, Europe and the UK.</p>
<p>Governments in the UK, Canada and New Zealand have either implemented or are finalising the implementation of regulatory regimes to support CSEF. In the US, the enactment of the <a href="https://www.sec.gov/spotlight/jobs-act.shtml">Jumpstart our Business Start ups (JOBS) Act</a>, which referenced the importance of online funding for start-ups and other companies to raise capital, was pivotal for CSEF globally.</p>
<p>But facilitating the practical move to market of new digital finance companies is a challenge for both the fintech firms and regulators.</p>
<h2>Compliance challenge</h2>
<p>Young fintech companies with limited resources face a significant hurdle navigating the maze of regulatory licensing and compliance requirements. Much of this has been developed for far more mature and larger organisations.</p>
<p>On the other hand, regulators struggle to balance openness to innovation and disruptive technologies with protecting the interests of consumers, investors and the privacy of individuals.</p>
<p>The United Kingdom has led the way in many respects. The Financial Conduct Authority has established a network called <a href="https://innovate.fca.org.uk/">Project Innovate</a> which supports industry innovation to improve consumer outcomes. The UK fintech industry also has its own industry body, <a href="http://innovatefinance.com/">Innovate Finance</a>, to support technology-led financial services innovators.</p>
<p>In Australia, it’s the Australian Securities and Investments Commission that’s tasked with licensing and monitoring fintechs. This needs to be done with a keen eye also on the need to enhance competition in the system and build confidence in the new models to ensure participation by both investors and consumers.</p>
<p>To assist in this process ASIC has developed an <a href="http://asic.gov.au/for-business/your-business/innovation-hub/">“innovation hub”</a>. This is a single point of entry to the system for innovators seeking to gain regulatory approval and thereby make it easier for them to navigate the regulatory system.</p>
<h2>Collaborative approach</h2>
<p>The innovation hub can be linked to a growing realisation that collaboration is required between financial sector innovators, consumer groups, academics, relevant government agencies and regulators to deal with complexity and examine opportunities from a system-wide perspective. </p>
<p>Accordingly ASIC has also announced the establishment of a <a href="http://download.asic.gov.au/media/3225872/speech-to-financial-innovation-symposium-published-5-may-2015.pdf">Digital Finance Advisory Committee</a>, with representation from the fintech community, consumers and academics. The focus is on streamlining ASIC’s approach to facilitating new business models with common application processes, including applying for or varying a licence and in granting waivers from the law.</p>
<p>These initiatives represent a significant departure for Australian regulators for two key reasons. First, our regulatory agencies have tended to retain a low-risk, conservative approach to regulation. On an international basis, this stood us in good stead throughout the global financial crisis, when our regulatory agencies were recognised internationally for their prudent approach. But this had increasingly become a barrier to innovation.</p>
<p>Second, this is a highly collaborative approach, something that is generally not a hallmark of Australian business. The <a href="https://www.atn.edu.au/News-room/Latest-News/Collaborate-innvoate-or-be-left-behind/">lack of collaboration</a> has been a weakness of our system in generating interaction between researchers, innovators, corporates and regulators and we have been amongst the least collaborative of all OECD countries, to our cost. Bringing together these parties through the Digital Finance Advisory Committee, and fintech hubs such as <a href="http://stoneandchalk.com.au/">Stone and Chalk</a>, could lay a foundation for more sustainable financial services innovation.</p>
<p>Opening the way to greater financial innovation is especially important in an economy with such a highly concentrated financial sector.</p>
<p>Ultimately the ability of key agencies to adapt and adjust risk levels to accommodate disruptive technologies will impact on both the domestic and international competitiveness of Australian finance sector, to the benefit of Australian consumers and businesses.</p><img src="https://counter.theconversation.com/content/45496/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Deborah Ralston is Chair of the Digital Finance Advisory Committee.</span></em></p>Start-ups have always found it hard to navigate compliance requirements, but this time regulators are listening.Deborah Ralston, Professor of Finance and Director, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/21792011-08-23T04:15:56Z2011-08-23T04:15:56ZNot a sunny outlook: tighter sunbed regulation is long overdue<figure><img src="https://images.theconversation.com/files/3087/original/Cadillac_Solarium.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Sunbeds session pose a significant risk of developing melanomas that is completely avoidable.</span> <span class="attribution"><span class="source">Froztbyte/Wikimedia Commons</span></span></figcaption></figure><p>Before she died in September 2007 of melanoma attributed to solarium tanning sessions, 26-year-old Clare Oliver waged a public campaign from her hospital bed to raise awareness of the risks of using sunbeds. </p>
<p>Oliver called for a ban on solaria and expressed frustration that governments had failed to effectively regulate the industry despite knowing of associated risks.</p>
<p>Her efforts attracted significant media and public attention to scientific evidence about the dangers of sunbed sessions. </p>
<p>Politicians at state and federal levels were forced to address seeming official reluctance to regulate an industry that operated under a <a href="http://www.mja.com.au/public/issues/189_07_061008/mac10610_fm.html">voluntary code of conduct despite constituting a significant and wholly avoidable risk</a> for melanoma. </p>
<p>The significance of official reluctance to ban the industry has been magnified by <a href="http://onlinelibrary.wiley.com/doi/10.1002/ijc.25576/abstract">findings of a recent Australian study</a> on the links between sunbed use and early onset malignant melanoma.</p>
<p>Analysis on 604 diagnoses of melanoma in people aged 18 to 39 years in Sydney, Melbourne and Brisbane found the risk of early onset melanoma was 41% greater among sunbed users.</p>
<p>And the risk was roughly double for those who had undergone more than ten sessions in their lifetime.</p>
<p>Sunbed use is also estimated to be responsible for three-quarters of melanomas occurring among 18- to 29-year-olds who have ever used one, accounting for 16% of all melanomas diagnosed in this age group. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/3089/original/Tanning_bed_in_use__282_29.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Sunbeds may be responsible for three-quarters of all melanomas in people aged 18 to 29. Alexis O’Toole.</span>
</figcaption>
</figure>
<h2>Failure of self-regulation</h2>
<p>At the time of Clare Oliver’s campaign, the solarium industry was expanding rapidly due largely to misguided perceptions about the cosmetic benefits of tanned skin.</p>
<p>The number of outlets in Melbourne, for instance, grew by more than five times between 1996 and 2006. </p>
<p>The industry’s voluntary code of practice included guidelines on UV radiation, session length, and hygiene. </p>
<p>Potential users with Type 1 skin, defined by the World Health Organization (WHO) as <a href="http://www.who.int/uv/publications/en/sunbeds.pdf">skin that cannot tan and is most susceptible to sunburn</a>, and those under 15 were prohibited.</p>
<p>Fifteen to 18-year-olds required written parental permission and all clients were to be informed of associated cancer risks. </p>
<p>But the code allowed for UV radiation levels five times higher than levels possible from sun exposure. </p>
<p>And assessments of solaria operations at the time <a href="http://www.mja.com.au/public/issues/189_07_061008/gor10291_fm.html">found lax compliance with guidelines</a> on users with Type 1 skin, age limits, informed consent, and posting of warning notices. </p>
<p>A <a href="http://tiny.cc/v6ku7">survey in Melbourne</a>, for instance, found:</p>
<ul>
<li><p>over half the operations observed allowed teenagers access without parental permission; </p></li>
<li><p>90% allowed access to customers with type I skin and; </p></li>
<li><p>staff at three-quarters of solaria contravened the code by reassuring clients about the safety of sunbed tanning.</p></li>
</ul>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=484&fit=crop&dpr=1 600w, https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=484&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=484&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=608&fit=crop&dpr=1 754w, https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=608&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/3083/original/Clare_Oliver_AAP.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=608&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The solarium industry was found to have made false and misleading claims in the aftermath of Clare Oliver’s death. AAP.</span>
</figcaption>
</figure>
<h2>Steps in the right direction?</h2>
<p>Since Clare Oliver’s campaign, the Federal Court has ruled that the solarium industry made false and misleading claims on Internet sites about the safety of indoor tanning days after her death.</p>
<p>The Court required outlets to post signs informing customers of the risks associated with their facilities. And state governments enacted regulations, primarily around skin type and age. </p>
<p>Typically heralded as tough by policymakers, these <a href="http://www.mja.com.au/public/issues/189_07_061008/mac10610_fm.html">regulations wouldn’t have impeded Clare Oliver using solaria</a>, as she was not fair-skinned and was 19 years old at the time of her sessions.</p>
<p>Worryingly, these regulations could also unintentionally reassure the public about sunbed use and potentially protect the industry from legal action. </p>
<p>Solarium numbers have dropped in the wake of unfavourable media attention and regulation, possibly by as much as one-third. But <a href="http://www.environment.nsw.gov.au/resources/radiation/09814solicarus.pdf">recent reports</a> by the NSW Depart of Environment, Climate Change & Water pointing to <a href="http://www.environment.nsw.gov.au/resources/radiation/10310solaurora.pdf">poor compliance</a> with new state regulations suggest key problems with the industry have not been adequately resolved. </p>
<p><a href="http://onlinelibrary.wiley.com/doi/10.1111/j.1753-6405.2009.00436.x/full">Estimates</a> of 281 new melanoma diagnoses and 43 related deaths in Australia annually due to solarium visits, raise the question of why governments fail to ban the industry outright. </p>
<p>Sunbed sessions offer no positive consequences while posing significant and wholly avoidable risks for melanoma. </p>
<p>Campaigns to convince people to reduce exposure to the sun have achieved mixed results but the solarium industry represents an easily managed risk factor if governments act decisively. </p>
<p>The demise of the industry would be mourned by few.</p><img src="https://counter.theconversation.com/content/2179/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ross MacKenzie has previously worked for Cancer Council NSW, which has called for stricter regulation of the solarium industry. </span></em></p>Before she died in September 2007 of melanoma attributed to solarium tanning sessions, 26-year-old Clare Oliver waged a public campaign from her hospital bed to raise awareness of the risks of using sunbeds…Ross MacKenzie, Lecturer in Health Studies, Macquarie UniversityLicensed as Creative Commons – attribution, no derivatives.