CRIMINALISING JOURNALISM THE MEAA REPORT INTO THE STATE OF PRESS FREEDOM IN AUSTRALIA IN 2018 CRIMINALISING JOURNALISM CRIMINALISING JOURNALISM 2 THE MEAA REPORT INTO THE STATE OF PRESS FREEDOM IN AUSTRALIA IN 2018 THE MEAA REPORT INTO THE STATE OF PRESS FREEDOM IN AUSTRALIA IN 2018 3 CONTENTS FOREWORD BY PAUL MURPHY, CHIEF EXECUTIVE, MEAA 2018 MEAA FOREWORD THE INDUSTRY AUSTRALIAN Paul Murphy 3 Public interest journalism 35 PRESS FREEDOM REPORT Digital platforms 38 In their own words 5 Redundancies 40 Editor: Mike Dobbie ATTITUDES ABOUT Gender 43 THANKS TO: PRESS FREEDOM Peter Bartlett Andrew Fowler MEAA’s press freedom survey GOVERNMENT Peter Greste Mark Phillips 8 Alex Hearne The “super” ministry 45 Dean Levitan Public broadcasting 46 Johan Lindberg Sharon Murdoch THE LAW Media ownership 50 Colin Peacock The year in Australian media law Mark Phillips Asylum seekers 55 Adelaide Rosenthal Peter Bartlett, Dean Levitan and Adelaide Rosenthal 10 MEAA thanks all the Suppression orders 13 SAFETY here’s almost universal The draft law that heralded this Malcolm Turnbull, himself a former contributors to this report. acceptance of the maxim appalling new assault on press freedom journalist. Defamation 17 Cyberbullying 56 “Journalism is not a crime”. in Australia, the National Security One exception is Australia’s Legislation Amendment (Espionage and The pushback against the Bills has Design: Detention, threats and T Louise Summerton parliament – it begs to differ. Foreign Interference) Bill 2017 and the culminated in journalists and media harassment 62 Foreign Influence Transparency Scheme groups insisting on a media exemption LX9 Design NATIONAL SECURITY Legislating for Australia’s national Bill 2017, was rightly met with a storm – a move supported by the chair of Impunity 64 security has drifted a long way from the of protest, not least from MEAA but Transparency International Australia, Cover image: The creeping criminalisation fight against terrorism. Increasingly, the also from media outlets, the Law former NSW Supreme Court judge Mark Evans of of journalism Parliament passes laws that are about Council of Australia and human rights Anthony Whealy QC. BlueskyImage/ Professor Peter Greste 19 THE ASIA-PACIFIC suppressing the public’s right to know organisations. Even the Commonwealth Shutterstock.com and criminalising anyone who reveals Ombudsman and the Inspector-General Sadly, the head of ASIO Duncan Lewis Welcome to the machine Press freedom in New Zealand information the Government would of Intelligence and Security were rejected the idea, saying exemptions prefer was locked up. quick to identify and condemn adverse would leave the door wide open for Approved by Paul Murphy Andrew Fowler 22 Colin Peacock 67 - chief executive, consequences of the legislation. foreign spies to exploit, adding that Media, Entertainment & National security powers 24 Press freedom in the Asia-Pacific How else can you explain how a draft law it may also increase “the threat to Arts Alliance Alex Hearne 70 could be introduced into the Parliament When four United Nations’ special journalists” – a startling claim from that would allow for journalists to be rapporteurs (privacy; human rights the spymaster, given that the Bill seeks 245 Chalmers Street, Journalist Information locked up for 20 years for reporting defenders; freedom of opinion and to allow the Australian Government to Redfern, NSW 2016 Warrants 24 Journalist safety 74 information in the public interest? In expression; and protecting human be the one that imprisons journalists, Encryption 25 The Media Safety and the name of keeping the people safe, rights while countering terrorism) muzzle their journalism and hound their Solidarity Fund 75 the Government now wants to keep made submissions protesting aspects sources. Espionage and Foreign information hidden from view, and of the Bills it was clear the Government Influence Bills 26 punish the whistleblowers who disclose had stepped far beyond Australia’s It is also concerning that the new the information and the journalists who obligations under international law and Attorney-General Christian Porter New bill would make Australia 30 FUTURE work with them. human rights standards. insisted that the government never worst in the free world for intended to jail journalists for simply The way forward 76 In an even more egregious example of In the face of such a spectacular own “receiving documents” – even though criminalising journalism legislative overreach, under the guise goal, it is reasonable to ask how the that is precisely what the Bill said. Porter Johan Lindberg of combating “espionage” and “foreign Government could draft laws that could added prosecutions of journalists would References 79 interference”, journalists, editorial attract such opprobrium. After all, the not proceed without his sign-off. But Whistleblower protection 32 production staff, media outlets’ legal Bills were overseen by the then Attorney- we’ve heard such an offer before - his Shield laws 33 advisers and even the office receptionist General George Brandis, approved by the predecessor George Brandis said he could be locked up for merely handling Cabinet, and introduced to the House of wouldn’t lock up journalists convicted that information. Representatives by the Prime Minister under the Brandis-designed section 35P CRIMINALISING JOURNALISM CRIMINALISING JOURNALISM 4 THE MEAA REPORT INTO THE STATE OF PRESS FREEDOM IN AUSTRALIA IN 2018 THE MEAA REPORT INTO THE STATE OF PRESS FREEDOM IN AUSTRALIA IN 2018 5 of the ASIO Act. And yet, 35P and its public, highlighted a division between have become more desperate and penalty of up to 10 years in jail, remains journalists and their audience about unhinged, resulting in lengthy inquiries on the statute books. press freedom problems. that waste public money that could be spent on adequately funding the It must be remembered that these latest From just shy of 1300 completed increasingly crucial role being played by “national security amendments” that surveys, almost 21 per cent came from public broadcasters in providing vital criminalise legitimate public interest working journalists with the balance public interest journalism. journalism are simply the most recent from members of the public or non- of an emerging pattern of government working retired/unemployed journalists Crucial because, as we have also seen, attacks on press freedom and freedom or journalism students. While 72 per the heavy round of redundancies have of expression, attacks that were initially cent of the public rated the health of continued at the leading media houses triggered by 9/11 but which dramatically press freedom in Australia as poor or – not least at Fairfax which triggered a escalated with the WikiLeaks and very poor, only 60 per cent of journalists snap seven-day strike by its journalists Edward Snowden revelations about thought so – even though 90 per cent when it slashed 125 jobs – that’s one the levels of government surveillance thought press freedom had worsened in four editorial staff – from its metro and scrutiny of their citizens’ over the past decade. newsroom on UNESCO World Press telecommunications data. Freedom Day in 2017. Indeed, national security laws ranked With governments around the world first as the most important press But looking at the long-term, there having been embarrassed by these freedom issue for journalists (21 per is still plenty more to be done. A disclosures about what they secretly cent) and non-journalists (20 per Senate Select Committee inquired get up to in the name of their citizens, cent); followed by funding for public into the future of public interest Senator George Brandis is there has come a response to keep these broadcasting, government secrecy, journalism and adopted most of MEAA’s congratulated by Communications activities hidden and to tighten control freedom of information and defamation. recommendations, including the need Minister Mitch Fifield after delivering his valedictory speech. IMAGE COURTESY over government information. Simply It may be a sign that journalists for reform of Australia’s uniform ALEX ELLINGHAUSEN, FAIRFAX PHOTOS by declaring something is “secret” and their employers have been too national defamation law regime. IN THEIR OWN WORDS government can hide from legitimate complacent about the steady drip of scrutiny, intimidate whistleblowers, assaults on press freedom, distracted The digital platforms, whose power punish disclosure and muzzle legitimate by the other issues besetting the media has done much to cripple media “THERE CAN BE NO PRESS FREEDOM IF JOURNALISTS EXIST IN CONDITIONS public interest journalism. industry. outlets while riding the coat-tails of OF CORRUPTION, POVERTY OR FEAR.” - INTERNATIONAL FEDERATION OF JOURNALISTS latter’s editorial content, needs to be With legislation being drafted offering Thankfully though, in the past 12 addressed. So too the other MEAA 20 years jail for journalists, Australia months there has been some good news recommendations for government Prime Minister Malcolm Turnbull Commonwealth officers that leak classified could be captured. Even reporting on has consciously wandered into the on the press freedom front. support for the media industry. There introducing the Espionage Bill information, but also criminalises all domestic or international politics could arena populated by serial press freedom is much work to be done to ensure the “I give personal thanks to my Attorney- the steps that go into reporting such contravene