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Sweeping changes recommended to media freedom laws
The parliamentary joint committee on intelligence and security has made extensive recommendations for media freedom including the requirement for search warrants to be issued by senior judges and contested by public interest advocates.
Tony Zhang
The committee found major reforms are needed to Commonwealth investigatory powers, secrecy offences and public interest disclosure laws to ensure public interest journalism is adequately protected under Australian law.
Law Council president, Pauline Wright, welcomed the recommendations stating that the committee’s 16 recommended reforms endorsed many of the Law Council’s suggestions.
“The Law Council strongly supports the [committee’s] key recommendations for special procedures for the issuing of warrants to investigate journalists,” Ms Wright said.
“The Law Council has long called for these measures, and we are pleased the [committee] has supported these calls.”
The final report by the parliamentary joint committee on intelligence and security (PJCIS) was released on Wednesday afternoon and addressed concerns not enough legal rigour was being used in approving search warrants in delicate investigations.
The committee has recommended that superior court judges should be responsible for issuing all such warrants, and that independent public interest advocates should be appointed to contest all of these warrant applications.
It also recommended public interest advocates must be retired judges or senior counsel, and that there be a review of all Commonwealth secrecy offences.
“These recommendations offer a much stronger foundation for the Australian media. They will allow the community to have confidence in the independence and rigour of decisions to investigate journalists, which should only happen rarely,” Ms Wright said.
The Law Council also said they considered that the committee’s recommendations for amendments to Commonwealth secrecy offences are a step in the right direction, given they ensure there are consistent and comprehensive exceptions for public interest journalism.
A total of 16 recommendations were made by the PJCIS review.
“Implementation of the [committee’s] recommendations would be a significant step in the right direction, but further work would still be needed to ensure media freedom is adequately protected under Australian laws,” Ms Wright said.
“Fortunately, the [committee] has recognised the need for further work, by recommending more reviews and reforms to matters beyond its immediate terms of reference. This includes public interest disclosure, freedom of information, defamation and journalist shield laws.”
