Labor’s proposed changes to laws provide much-needed protections for journalists and whistleblowers
Much-needed restraints on law enforcement powers to decrypt people’s devices like mobiles and computers are welcome, the Human Rights Law Centre said today.
Labor today introduced the Telecommunications Amendment (Repairing Assistance and Access) Bill 2019 to include amendments that would provide extra protection for press freedom. The current law allows for access to journalists’ devices, such as computers and mobile phones, without a warrant, giving police access to the identity of whistleblowers and journalists’ sources.
Emily Howie, a Legal Director at the Human Rights Law Centre, said that encryption laws had been a major issue debated this year in response to the June 2019 raids on news outlets.
“The 2018 encryption law is just one piece of Australia’s growing mass surveillance apparatus that weakens press freedom by giving excessive power to law enforcement and intelligence agencies without any meaningful safeguards. This jeopardises journalists’ ability to keep their sources confidential and makes it incredibly dangerous to reveal information in the public interest. The proposed changes are a step in the right direction,” said Ms Howie.
The proposed law would require judicial approval before agencies can exercise some of the most intrusive powers in the Act, including compelling a communication provider to assist in investigations.
These powers extend beyond investigating journalists to allow the Government to spy on all Australians if suspected of a relatively minor crime.
“The fact is that the encryption law is a clear violation of Australians’ privacy without proper oversight or safeguards against abuse of power. It leaves each and every one of us vulnerable to unwanted and unjustified snooping on our lives. A judge’s approval is a bare minimum safeguard that must be implemented to ensure that these laws, that give extraordinary powers to police, are not misused,” said Ms Howie.
Despite welcoming the amendments, Ms Howie said that more needed to be done, in particular that the threshold at which agencies may engage powers under the current Act is far too low.
“The encryption law should never have been passed in the form it was in. The powers can be used to investigate relatively innocuous offences such as making a prank call. Extraordinarily intrusive powers like these should be reserved for the most serious offences.”
Ms Howie said the trend of governments adopting more intrusive surveillance was another reminder of the need to create an Australian Charter of Human Rights.
“The discussion about creating an Australian Charter of Human Rights and Freedoms is long overdue. A Charter would benefit the whole community in a range of ways, including by protecting a free press and helping to prevent unfair intrusions into people’s private lives,” said Ms Howie.
Media contact:
Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519