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PM - Wikileaks releases suppression order which limits Australian reporting on briber ... Page 1 of 3

PM with Mark Colvin Monday to Friday from 6:10pm on ABC Local Radio and 5:00pm on .

Wikileaks releases suppression order which limits Australian reporting on bribery case

Will Ockenden reported this story on Wednesday, July 30, 2014 18:10:00

MARK COLVIN: We begin with a story widely available in other countries and all over the internet, but PM is legally prohibited from telling it to you.

Here's what we can say: there is a suppression order that deals with 17 individuals.

Names on that list include those of national leaders of other countries. We can't tell you who they are and we can't tell you what they may or may not have done.

One man we can name, however, is Julian Assange.

Will Ockenden reports.

(Sound of music: I Want to Tell You by The Beatles)

WILL OCKENDEN: This is a story which unfortunately is going to need censorship.

It's far from ideal, but we are legally prohibited from telling you the full story.

So when censoring the legally problematic bits, to save you the annoyance of listening to the usual "beep", instead I'll use other sound effects, like this:

(Sound effect: spring)

WILL OCKENDEN: Or this:

(Sound effect: car horn)

WILL OCKENDEN: Or this:

(Sound effect: cartoon noises)

(Sound of music: We Know Something You Don't Know by DJ Format)

WILL OCKENDEN: The gag order is wide in nature and stops Australian media from reporting on allegations of bribery, which involve several regional national leaders and their relatives.

There are 17 people the media is prohibited from naming, where we are not allowed to imply, suggest or allege that the named people are involved in attempting to receive, or receiving a bribe.

The case is related to Australia's biggest bribery scandal, which has seen seven executives arrested and changed over kickbacks for the production of Australian plastic currency banknotes. http://www.abc.net.au/pm/content/2014/s4057356.htm 31/ 07/ 2014 PM - Wikileaks releases suppression order which limits Australian reporting on briber ... Page 2 of 3

The suppression order was issued a little more than a month ago after the Department of Foreign Affairs and Trade stepped in, arguing the publication of the names could affect national security and international relations.

Michael Bradley, the managing partner at Marque Lawyers in , says playing that card comes with risks.

MICHAEL BRADLEY: If that card is overplayed then it undermines the entire system of justice and the ability, ultimately, the ability of the Government to properly use that as justification.

It comes back to the central principle of our justice system, which is that it's open and the courts ought to be a lot more careful about protecting and preserving that than they currently are.

WILL OCKENDEN: The suppression order was issued by the Victorian Supreme Court, but its jurisdiction reaches only to Australia's borders.

So overseas media, including in the countries where the unidentifiable national leaders live, have been reporting on the case all day.

This headline from one outlet:

NEWS HEADLINE (voiceover): Aussies place gag order on (censored) case involving (censored), says WikiLeaks.

WILL OCKENDEN: As it stands, the media has to be careful, or face the wrath of an angry court. My colleague Peter Lloyd is covering the story for ABC TV News tonight.

(Speaking with Peter Lloyd) So how's your story going?

PETER LLOYD: It's a difficult story because there's much that we can't say but that we know.

WILL OCKENDEN: Can we mention that (censored) the (censored) is involved?

PETER LLOYD: No. We can't do that.

WILL OCKENDEN: Can we say that (censored), the (censored) is involved?

PETER LLOYD: Can't say that either.

WILL OCKENDEN: There's 17 people on this list. We can't mention any of them? Even (censored)?

PETER LLOYD: What we can say is that this is a suppression order relating to people in leadership positions in world government.

WILL OCKENDEN: But that's it?

PETER LLOYD: That's pretty much it. It's a short story.

WILL OCKENDEN: The one person the media can name is Julian Assange, the founder of the whistleblowing website WikiLeaks.

The website published the full suppression order and Mr Assange released a statement saying:

JULIAN ASSANGE STATEMENT (voiceover): With this order, the worst in living memory, http://www.abc.net.au/pm/content/2014/s4057356.htm 31/ 07/ 2014 PM - Wikileaks releases suppression order which limits Australian reporting on briber ... Page 3 of 3

Government is not just gagging the Australian press, it's blindfolding the Australian public. Foreign Minister Julie Bishop must explain why she is threatening every Australian with imprisonment in an attempt to cover up an embarrassing corruption scandal involving the Australian Government.

WILL OCKENDEN: Lawyer Michael Bradley argues, in the age of the internet, injunctions like the one release by WikiLeaks today are futile.

MICHAEL BRADLEY: I think they can only ever realistically have temporary effect and the degree of interest that they generate once they become known tends to enhance the amount of publicity that's attracted to the underlying issue because it's a guessing game and it's entertaining and fun.

I think they're ultimately self-defeating.

MARK COLVIN: Lawyer Michael Bradley from Marque Lawyers ending Will Ockenden's report.

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http://www.abc.net.au/pm/content/2014/s4057356.htm 31/ 07/ 2014