The entertainment giant Warner Bros stifled democratic debate when it requested politicians stay silent about a Harry Potter-themed event it was planning in a protected conservation park, transparency advocates have claimed.
Victoria’s Mornington Peninsula shire council granted Warner Bros and the events company Fever permission to hold the interactive night-time event in late April 2024, but only after councillors signed non-disclosure agreements.
Thousands of local residents remain opposed to the event being held in the Briars nature reserve, which includes a wildlife sanctuary and is used to nurse injured animals back to health. Some believe they were kept in the dark and not consulted.
A council spokesperson said: “The non-disclosure agreement was solely for the council vote on 22 August and referred to a requirement from Fever and Warner Bros that councillors not divulge publicly the event being considered was about Harry Potter.
“There was no requirement for councillors to sign the non-disclosure agreement in order to vote on whether to host the event and it did not prevent those councillors who did not sign from having access to the full council report before voting.”
But David Gill, a longterm councillor, said when he refused to sign the agreement due to transparency concerns he was asked to leave the room while the issue was voted on. He said he did not receive a full council report.
“They wanted to deal with the matter straight away,” Gill said.
“I didn’t have enough information to have a reason for or against whatever the event was going to be. I just don’t agree with the idea of signing an agreement and not being transparent to the public.”
Warner Bros was contacted but did not say why it believed the non-disclosure agreement was necessary. Gill also said he was not told why it was necessary.
Ray Yoshida, a campaigner with the Australian Democracy Network, said it was “concerning to see a multinational company imposing a non-disclosure agreement on local councillors on a matter that was clearly of great interest to their community”.
“How can the council do meaningful consultation if they can’t even discuss the matter?” Yoshida said. “When it comes to government decision-making, secrecy should always be the exception, not the rule.”
The director of the Australia Institute’s democracy and accountability program, Bill Browne, said it was not clear why the non-disclosure agreement was needed and also raised concerns about transparency.
“This is a salient reminder to local councils and to other politicians that the public is paying attention and doesn’t like being locked out of the decision making process,” Browne said.
“Corporations and politicians have in common an instinct towards secrecy, but both ultimately need the consent of the public.”
The council spokesperson said the process of approving the event was “no different from many other commercial in confidence matters that are routinely considered by council during closed sessions”.
Gill said he had never been asked to sign a non-disclosure agreement while serving as a councillor but conceded the council sometimes deemed matters confidential without his consultation.
Dr Sarah Russell, a public health researcher who opposes the event and contested the federal seat of Flinders at the last election, said: “There was a complete lack of transparency and no community consultation …
“I am appalled that local residents were kept in the dark about Warner Bros’ plans to stage [a] Harry Potter light show in our beloved Briars’ wildlife sanctuary.”
