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Public interest advocate needed to better protect media
To protect public interest journalism and prevent against future raids, the Law Council of Australia has called for federal Public Interest Advocate or Monitor role to provide greater scrutiny of search warrants relating to journalists and media.
Naomi Neilson
The LCA told a hearing before the parliamentary joint committee on intelligence and security to consider three improvements in the process of determining warrants prior to raiding journalist’s homes or documents from media offices.
The LCA suggested first the issuing officer of a warrant must be a judge of a superior court of record. The judge should also apply a statutory public interest test.
A Public Interest Advocate or Monitor model should also be adopted, the LCA told the hearing. This would provide greater transparency and accountability of warrants and would include annual reporting requirements, which include the number of applications made, the applicant organisation and the number of warrant approvals or refusals.
Public Interest Monitors already exists in Queensland, Victoria and Canada. Canadian legislation requires a search warrant must be issued by a judge of a superior court and allows the media to contest the disclosure of documents obtained during a search.
“In protecting the rights and freedoms of Australians, our parliament is aided by media which plays a key role in defending public interest and scrutinising exercise of power,” Mr Moses said.
“Our legal framework must respect the role of a free, independent media plays in the safeguarding human rights and freedoms.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
