Viw Magazine

The Times


.

To protect press freedom, we need more public outrage – and an overhaul of our laws

  • Written by: Peter Greste, Professor of Journalism and Communications, The University of Queensland
This week's police raids have forced us to think again about the role of the media in a democracy. David Gray/AAP

A few days ago, Waleed Aly asked a not-so-rhetorical question in The Sydney Morning Herald. He wondered how many Australians were worried about the fact that the Australian Federal Police had spent a good portion of this week raiding the offices and homes of journalists who’ve published stories clearly in the public interest.

His conclusion? Not many. He went on to argue that it is because we have developed a culture of accepting excessive state power, with no real thought about the consequences for civil liberties or the functioning of our democracy.

Sadly, I would have to agree with Aly, but as with so many surveys, the answer you get depends on the question you ask.

What if we asked, “Hands up who feels comfortable with relying on the Facebook posts and Twitter feeds of our politicians and departmental spokespeople for information about what our government is up to? Who thinks that is a good way to run a democracy?” Then, I bet you’d get a very different answer.


Read more: Why the raids on Australian media present a clear threat to democracy


I agree that Australian media are hardly trusted by the public, but I am also convinced that most Australians recognise the need for some kind of independent watchdog keeping track of politicians and the government on our behalf. It might be imperfect and messy, but a free press has performed that role well enough to keep us broadly on track for much of our history.

Earlier this week, my colleague and fellow University of Queensland researcher Rebecca Ananian-Welsh laid out the intricate web of national security laws passed in recent years that collectively serve to straight-jacket journalists and threaten legitimate whistle-blowing.

In a number of research projects, we have been looking at both these laws and their impact on reporting, and while we still have a long way to go, the early results suggest something deeply troubling.

While they may have helped shore up national security, the laws have also led to a net loss of transparency and accountability. It has become harder for journalists to reach and protect sources and keep track of wrong-doing by government officials. It has also become harder for them to safely publish in the public interest without risking long years in prison or cripplingly expensive and traumatic court cases.


Read more: Five reasons terror laws wreck media freedom and democracy


An overhaul of Australia’s legal landscape

My organisation, the Alliance for Journalists Freedom, has published a white paper that offers a better way of balancing those two crucial elements of our democracy - national security and press freedom.

The most important of its seven recommendations is a Media Freedom Act. Australia has no legal or constitutional protection for press freedom. It isn’t even formally recognised in law; the High Court has merely inferred that we have a right to “political communication.”

That needs to change. The AJF is proposing a law that would write press freedom into the DNA of our legal system. It would both prevent our legislators from unnecessarily restricting journalists from doing their jobs and give judges a benchmark they can use whenever they are adjudicating cases that deal with media freedom issues.

That alone isn’t enough though. The second recommendation in the white paper calls for changes to the national security laws themselves.

Currently, many of the current laws that Ananian-Welsh laid out in her article include a “public interest” defence for journalists. But as we have seen in this week’s raids, that does nothing to stop the AFP from trawling through journalists’ documents for sources and forcing everyone into court.


Read more: Media raids raise questions about AFP's power and weak protection for journalists and whistleblowers


Instead, there should be an exemption for journalists and their sources when reporting on matters of public interest.

That isn’t to suggest that journalists should be immune, though. Rather, the onus should be shifted to the authorities to show why the public interest defence should not apply. It is also important that the exemption include whistleblowers.

Beyond national security, there are a host of other laws that have contributed to a wide culture of secrecy at odds with the principles of open government.

Payouts under defamation laws now routinely run to millions, potentially destroying news organisations and chilling further investigative work. Shield laws that allow journalists to protect their sources in court are also inconsistent across states and need to be strengthened.

Suppression orders that judges use to smother reporting of certain court cases are being applied with alarming frequency and urgently need review. And whistleblower legislation needs to be strengthened to encourage and protect anybody speaking out about wrongdoing in government or elsewhere.

While the raids of the past week have been shocking, they have forced us all to think again about the role of the media in a democracy. If it leads to better legislation that both protects national security and media freedom, then some good might have come out of it after all.

Prof Peter Greste is the UNESCO Chair in Journalism and Communication at the University of Queensland. He is also a founding director and spokesman for the Alliance for Journalists' Freedom.

Authors: Peter Greste, Professor of Journalism and Communications, The University of Queensland

Read more http://theconversation.com/to-protect-press-freedom-we-need-more-public-outrage-and-an-overhaul-of-our-laws-118457

Google Updates 2026: A Practical SEO Checklist for Australian Businesses

  Google updates 2026 are on the minds of businesses that rely on search to reach customers, whether they sell software, gadgets, games or ...

What to Add to Your Weekly Diet for Stronger, Glossier Strands

Achieving thick, vibrant hair requires more than just high-quality shampoos and topical serums. Real hair vitality starts from within, drive...

How to Reverse Sun Damage and Restore Moisture to Your Hair

Australia's harsh summer sun takes a heavy toll on our tresses, leaving them dry, brittle, and prone to breakage. While many of us remembe...

How to Build a Daily Hair Care Routine for Stronger, Shinier Strands

Achieving lustrous, resilient hair requires consistent daily care rather than occasional expensive treatments. While advanced clinical opt...

What to Do for Fine Hair to Instantly Boost Volume

Fine, flat hair often feels like a daily styling challenge, leaving many searching for ways to inject life and bounce into limp locks. While...

Why Melbourne Buyers Choose Loose Sapphires for Custom Engagement Rings

An engagement ring often starts as a finished image: a stone in a setting, photographed from the perfect angle. But some couples prefer to...

How to Clear a Deceased Estate: A Gentle, Practical Guide for Sydney Families

Losing a loved one is hard enough. Then, often within weeks, families are faced with the task of sorting through a lifetime of belongings...

NBN Not Working? Common Causes and What to Do Before Calling a Technician

There's never a good time for the internet to drop out. It always seems to happen in the middle of a work call, halfway through a movie or...

Off-Road Caravan for Sale: What to Look for Before You Buy

Buying a caravan is a significant investment. So, it is worth looking beyond the price tag and choosing a dealer that understands what you...

How Split Corrugated Conduit And Solar Conduit Support Better Cable Protection

Why Cable Protection Starts With The Application Wiring can encounter movement, abrasion, moisture, heat and physical contact depending o...

Can You Increase Your Income with Duplex and Dual Occupancy Builds?

A dual occupancy build is when 2 independent homes are constructed on a single block of land. They can either share a wall, as with a dupl...

Choosing Shutters and Blinds for Different Rooms in a Melbourne Home

Start With the Function of Each Room For homeowners comparing window coverings, shutters and blinds can be assessed by looking at light c...

How Property Conveyancing In Melbourne Helps Buyers And Sellers Navigate A Property Transaction

What Property Conveyancing Involves In Melbourne Buying or selling a property involves more than signing a contract and arranging finance...

Planning Bottle Label Printing for Different Product Applications

Bottle Branding Across Different Industries When businesses need packaging or printed containers developed for a particular application, ...

Why Corten Is Used for Distinctive Outdoor Steel Applications

Understand the weathering process Outdoor steel can serve both a functional and visual purpose, particularly when a project calls for a w...

Trailers in Melbourne: How to Choose the Right Box Trailer for Your Needs

Comparing Trailer Types in Melbourne The right trailer depends on what needs to be transported and how the trailer will be used. Buyers com...

How a Livestock Identification and Traceability System Supports Smarter Cattle Management

Why Identification Matters Beyond Basic Herd Records Modern cattle management depends on having reliable information about where animals ...

Choosing A Locksmith Melbourne For Residential Security Needs

Why The Right Locksmith Matters Finding a reliable locksmith Melbourne homeowners can contact involves more than locating someone who can...

Planning Custom Waste Solutions Around Business Requirements

Starting With the Business Waste Profile Businesses do not all generate the same type or volume of waste, so the arrangement used to manage...

Choosing a Year 11 Chemistry Tutor for Consistent Subject Support

Identify the Main Reason for Seeking Support Before choosing a year 11 Chemistry tutor, students can identify what is currently making Chem...

How A Sliding Screen Door Can Enhance Large Architectural Openings

A Practical Layer For Large Openings A sliding screen door can provide a practical screening layer across an opening while allowing occupan...

Common Mistakes Brisbane Business Owners Make When Entering Commercial Agreements

Commercial agreements are an essential part of running any successful business. Whether working with suppliers, customers, business partners...

How Uniform Wholesales Help Organisations Manage Staff Clothing

Why Wholesale Uniform Supply Matters To Growing Organisations When an organisation needs uniforms for a team, buying individual garments fr...

What to Consider Before Choosing an Illuminated Mirror

An LED mirror combines a reflective surface with integrated illumination, making it useful in bathrooms, dressing areas and other spaces whe...