" Right to Know " Laws !

On Monday, October 21, every newspaper in Australia came out with precisely the same front page. It gave the impression that censorship of the news was happening when the print of what you are allowed to read is obliterated  by government decree.

Australia has what we proudly call a " free press ".  There are few restrictions on what a newspaper may print in its pages beyond the right of people adversely named to claim damages by way of pursuing vilification reimbursement through the courts.  While there is no legal protection enacted by law, journalists claim the right to protect the identity of their informants - to the point of defying a court order if that becomes necessary.

This " right to know " is supported by freedom of information laws but government agencies also have the right to block what they deem " sensitive content " by applying the censors marker pen to obliterate specific information contained in that statement.  The government claims the right to suppress this content in " the national interest " !

What sparked this latest " freedom of information " campaign was a Federal police raid on the home of a journalist and a similar information seeking protrusion into the offices of the Australian Broadcasting Commission.  It seems that the government was trying to suppress a story which may have revealed that the army or other government agencies may have broken Australian law in the way they carried out their duties.   The revelation of this crime may have been conscience action by what we call a " whistle  blower ".

There are obviously matters concerning our defence plans for this country that the government may want to keep secret from potential enemies.  An infamous Australian named Julian Assange convinced a serving member of the American armed forces to copy data he was tasked with processing  and when Assange released this for world publication it revealed not only homicide perpetrated by the American military but technical information that would be of great value to a potential enemy.  Assange has now been arrested and is likely to pass into American hands to be punished for what they describe as a crime.

The Australian government has the delicate job of putting laws in place that will guard the nation's legitimate secrets - and at the same time give journalists the freedom they need to reveal government wrongdoing, even if that provides immense embarrassment  to the very people who orchestrate those laws.  The government itself must be held accountable for the actions of the minions who carry out the affairs of state under its direction.

This is a tug of war that will never fully satisfy both sides.  We are probably better served by a degree of ambiguity in the wording of whatever law applies which makes the final decision on individual questions a decision by the courts.

In such matters, the wisdom of the court is essential in deciding exactly where the public interest is best served.  The possibility of public disclosure is the threat to the law makers that " keeps the bastards honest " !