Australia's national broadcaster will issue a cease and desist letter to the rightwing populist party One Nation over a cartoon that depicts the beloved children's character Bluey repeatedly ramming politicians with an SUV, according to The Guardian. ABC managing director Hugh Marks told Senate estimates on 27 October that he became aware of the potential intellectual property breach the previous week and sought legal advice, stating the broadcaster would pursue further action.
The dispute emerged after Western Australian Labor senator Varun Ghosh, who chairs the communications committee, raised the matter at estimates. He noted the 2024 political cartoon, titled State of Melbourne, had accumulated 1.3 million views on YouTube and carried particular significance given recent events. The Senate hearing took place a week after an alleged attack on independent MP Helen Haines outside her northern Victorian electorate office, which resulted in the loss of both her legs.
Marks characterised the use of Bluey as a clear breach of intellectual property rights and said a cease and desist letter should be issued. The ABC had consulted with Bluey's international distributor BBC Studios and the Brisbane-based creators Ludo, and confirmed that Pauline Hanson's party had not sought permission to use the children's character. According to Perth Now, Marks indicated the broadcaster may seek damages in addition to demanding that One Nation remove the video from circulation.
It's not a parody of any Bluey work. It's not a minor use of the intellectual property. In my view, it is an infringement of the intellectual property, number one. But it's also a shocking use of Australia's most loved character.
Marks emphasised the global significance of the character and the disrespect shown to Australian children who cherish it.
In fact, probably the globally most loved character in a video. That is both shocking and disrespectful to the children of Australia who love that character so much.
What does the cartoon depict?
The animation, released on 18 October 2024 as part of One Nation's Please Explain series, shows Bluey behind the wheel striking depictions of former Victorian premier Daniel Andrews, Prime Minister Anthony Albanese, and television host and conservationist Robert Irwin with an SUV. Before being struck, the Albanese character tells Bluey:
You've got that crazy look in your eyes
In one sequence, Andrews is shown driving with Albanese as passenger, and the vehicle deliberately runs over both Bluey and Irwin. The politicians are then depicted placing the bodies of Bluey and Irwin into the boot of the vehicle.
Could One Nation mount a legal defence?
Marks acknowledged that One Nation could potentially argue the cartoon qualifies as protected satire or parody, but he expressed confidence that such a defence would not succeed. The ABC's position rests on the view that the use constitutes a substantial and unauthorised appropriation of intellectual property rather than a transformative commentary on the Bluey work itself.
What other matters did Marks address at estimates?
Marks also provided details regarding the termination of Justin Stevens, the ABC's former news director. Stevens received a payout of $353,230 after choosing not to work through his notice period.
Following Mr Stevens's resignation, we had the option to ask Mr Stevens to continue to work through his notice period, or for me to ask him not to work out his notice period. I felt it was important, given what had happened, that I asked him not to work out his period, and to pay him his contractual entitlement to do so.
Marks stated he wanted the broadcaster to move forward with new leadership. Stevens, whose total remuneration for the financial year was $864,394 with a base salary of $529,202, departed after 19 years at the public broadcaster and was replaced last month.
Marks also addressed concerns surrounding former Four Corners reporter Mahmood Fazal, acknowledging that mistakes were made in program production but noting that the entire leadership of Four Corners had been replaced.
We did a review of Mr Fazal's work and found substantial flaws in much of that work.
The ABC removed several programs produced by Fazal due to concerns over his use of anonymous interviewees. Marks expressed confidence in the future of Four Corners under its new editorial leadership. The broadcaster announced it was reviewing its editorial guidance regarding the use of anonymous sources in light of the Fazal incident.
Former Four Corners executive producer Sally Neighbour had alleged that an associate of Fazal played different roles in different stories while disguised behind a mask. Fazal has previously defended his reporting, stating in July that he was shocked by the removal of two Four Corners episodes and believed the ABC's process and decisions set a concerning precedent for the organisation's independence and commitment to public-interest journalism.
What happens next?
The accused in the attack on Helen Haines is scheduled to appear at Wangaratta Magistrates' Court for a committal mention on 4 February 2027, according to the ABC.
Key Facts
- The cartoon, titled State of Melbourne, was released on 18 October 2024 as part of One Nation's Please Explain series and has received 1.3 million views on YouTube
- ABC managing director Hugh Marks confirmed the broadcaster did not grant permission for the use of Bluey and consulted with international distributor BBC Studios and creators Ludo
- The ABC may pursue damages in addition to demanding removal of the video
- Marks rejected the potential defence that the cartoon constitutes protected satire or parody
- The legal action comes amid heightened scrutiny of One Nation following the attack on independent MP Helen Haines
