Why I had no choice but to take on The Australian newspaper over false and defamatory attacks on Internet Australia

By LAURIE PATTON | 21 December 2017

The Australian newspaper published no less than five articles in a row attacking not-for-profit advocacy group Internet Australia, which I was running. It was a relentless onslaught, week after week.

At the time News Corp‘s papers were leading a campaign defending our inferior National Broadband Network.

As a former journalist I make a point of always responding to media inquiries. And this was the case with the journalist bylined in the articles, Anthony Klan, who received an extraordinary level of co-operation and a generous flow of responses to a long list of clearly loaded questions.

After three years spearheading Internet Australia’s campaign for #BetterBroadband, I’d become accustomed to the occasional sledge from the pro-NBN Co forces. It went with the territory. As long as the facts weren’t stretched too far, I was happy to take the attacks for what they were – the attempt of a company under a cloud, and its politically inspired supporters, to defend the indefensible.

In the end, Mr Klan’s reports went too far and I had to take a stand. If not for my own sake, then for the sake of an organisation I’d helped transform from what was previously described as “largely invisible and ineffective” or a “club for geeks” into a widely acknowledged source of expert advice and public advocacy – consulted by governments and their agencies, and quoted extensively in both tech and mainstream media.

Following my threat of legal action, an op-ed responding to those articles was published in The Australian on 15 December 2017. It has been attached via a ‘hyperlink’ to the online version of each of the offending publications.

One of the five articles implied Internet Australia was politically motivated. Revealing a ‘worst-kept-secret’ I was outed as a member of the ALP. Quelle surprise! My long-held philosophical preferences are well known, especially in political circles. One colleague, a former Liberal Party MP, rang me to commiserate, commenting: “We know who you are mate and we don’t give a fuck”.

In 2014, when I joined IA, the board’s NBN policy called for a return to fibre-to-the-premises, or FTTP. While still favouring FTTP, but somewhat reluctantly accepting reality, we began advocating an interim solution – the adoption of FTTdp, otherwise known as fibre-to-the-driveway (or, as NBN Co’s American CEO insists on calling it, fibre-to-the-curb). The advantage of FTTdp is it can be upgraded to FTTP later for a reasonable cost.

Getting either side to embrace FTTdp was not an easy task. The Coalition’s advisers were seemingly determined to stand by the flawed advice they gave then Communications minister Malcolm Turnbull and trenchantly defended the use of fibre-to-the-node (FTTN). Labor was still publicly committed to the FTTP model it launched in 2009.

These days NBN Co is deploying FTTdp across an ever-increasing footprint – although without actually conceding FTTN is causing huge problems and creating massive customer dissatisfaction.

NBN Co’s problems are not restricted to FTTN. Revelations about the problematic state of parts of Telstra’s HFC (Pay-TV) cables have come on top of the earlier jettisoning of the Optus HFC network, which was found to be unusable.

Following an extensive review of the rollout, the Parliamentary Joint Standing Committee on the NBN recently published a report calling on the Government to direct NBN Co to abandon FTTN.  Liberal Party members on the committee understandably observed their obligation to back the Government’s policy. However, the lone National Party member on the committee bravely sided with the majority. If the NBN is under a cloud in the capital cities, that’s nothing compared to the derision it receives in the bush.

During my time at IA, we sought to add constructively to the broad community debate about the NBN, and to provide independent, informed comment based on the advice of our well-qualified and respected industry experts. A member survey in early 2016 found 80 percent did not think FTTN would meet our future needs. This was soon followed by an Essential poll, where 88 percent of the general population said they saw the internet becoming an essential service like water and electricity. In a subsequent Essential poll of 470 people who have had the NBN connected, only 52 percent said the NBN was better than their previous service in terms of speed and reliability, 17 percent said it was actually worse and 28 percent reckoned it was about the same.

NBN Co eventually announced a new wholesale charging regime in which mid-range speed tiers become more affordable. However, the likelihood is this will only further expose their inability to deliver the speeds many of their customers want now and more of us will inevitably need in years to come.

Unless there are big changes soon, whoever’s running the country in 2020 will have to sort out our biggest-ever national infrastructure debacle. NBN Co will owe the government around $19 billion, which it’s having to borrow to complete the project and has no prospect of repaying anytime soon. Within five to ten years, the FTTN sections of the network will need to be replaced, according to Internet Australia’s experts and others. How many billions of dollars this will cost is not known. Meanwhile, millions of NBN Co customers are suffering with slow and unreliable broadband.

On IA’s behalf and since leaving the organisation, I’ve consistently argued for a bipartisan rethink and the adoption of an agreed plan to fix the mess. I hope in time this will be achieved. If not, in years to come we’ll look back and wonder why we let ourselves down so badly at a time when competing in a digitally-enabled world should be a top government priority.


Shortly before he abandoned the sinking ship former NBN Co boss, Bill Morrow, finally conceded that FTTN is causing serious problems.

Mr Klan has subsequently left The Australian, citing unspecificied “serious misgivings“.

I remain committed to fighting for #BetterBroadband and calls for a bipartisan rescue plan that allows the good people at NBN Co to fix the mess created by the Coalition’s flawed technology choices.

(This article, since updated, first appeared in “Independent Australia“.)