Laws to protect public interest journalism must be strengthened

A long awaited report from a Parliamentary committee has recognised the need for significant legal changes to protect public interest journalism, however the recommendations don’t go far enough to ensure journalists are not sent to prison for doing their job.  

The Parliamentary Joint Committee on Intelligence and Security was tasked with conducting an inquiry into law enforcement and intelligence powers and their impact on press freedom after the June 2019 raids on ABC offices and home of Newscorp journalist Annika Smethhurst.

Daniel Webb, Legal Director at the Human Rights Law Centre said that the inquiry had produced some welcome findings - in particular the recommendations for greater public reporting of warrants granted to access journalists’ data and for improvements to freedom of information processes and the classification by agencies of material as “secret”.

However, the inquiry deferred or failed to recommend the crucial legal changes needed to better protect press freedom and whistleblowing in Australia.

“No journalist should face prosecution for doing their job and no whistleblower should face prison for doing the right thing,” said Mr Webb.

“There’s currently a whole category of overbroad and poorly defined espionage offences which need to be overhauled so they don’t continue to criminalise public interest reporting and legitimate criticism. There also needs to be much stronger legal avenues for serious overreach and misconduct within intelligence agencies to be made public,” said Mr Webb.

“Several of the Committee’s recommendations around greater transparency and oversight are helpful and should be implemented, but they only scratch the surface. Without further changes to espionage and disclosure laws, whistleblowers and journalists still face the risk of prison for doing the right thing,” said Mr Webb.

Read the Human Rights Law Centre’s submission to the Parliamentary Joint Committee on Intelligence and Security inquiry here.

Media contact:

Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519