Sunday, 4 February 2018

Secrecy Laws !

In many parts of the world being a journalist is a very dangerous occupation.  Writing a story that criticises the government can land the writer in prison and in some instances a persistent critic may simply " disappear " and be never heard of again.  The number of countries with a free press is ever tightening.

Here in Australia a Senate Committee is enquiring into the future of public interest journalism.  This new national security bill is proposing that a twenty year prison term would be the penalty for communicating or dealing with protected government information.

That has all news organizations worried.  It seems like the thin edge of the wedge.  The wording suggests guilt by simply " dealing with " protected information and that encompasses editors and administrative staff in addition to the actual writer.  Media organizations claim that this could see people prosecuted for simply receiving  classified information or enquiring about it.

At present, journalists are protected by a defence not extended to others as long as their reporting is deemed " fair and accurate " and " in the public interest ".  There is a doubt that this protection will apply to the new secrecy law and consequently it may be used to mask the exposure of graft and corruption that often emerges when a whistleblower talks to a journalist.

Silencing news organizations is a familiar tactic of repressive governments around the world and it is impeding the information flow in Ethiopia, Egypt, Zimbabwe and Turkey.   Our biggest trading partner - China - has a " great firewall " to insulate its citizens from the Internet and any form of criticism can bring an instant reprisal.

One of the problems is the interpretation of " government protected " information.  To most people that encompasses matters of defence and possible trade negotiations, but it can be extended to peripheral matters if whatever government is in office chooses to take that coursed of action.  It is essential that exactly what is covered by this new law is explicitly spelt out with detailed clarity.

Usually, the law system in this country leaves that to the courts.  Our laws rely on court precedence to establish matters of legality and the final arbitrator is the High court of Australia.  Unfortunately, litigants can suffer long bouts of detention and loss while matters make their way through the process of hearings and appeal.

The attorney general claims that this law change is basically " upgrading " existing law which has been in place for many years.  Many experienced journalists claim that it breaks new ground and this specific twenty year penalty takes the incarceration issue out of the hands of the courts.

We gag the news flow at our peril. A free press shines a bright light into many hidden corners, sometimes to the discomfort of those in government.   Without it, we lose a means of  " keeping the bastards  honest " !

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