General Press Release No. 268 (October 2005)

Journalistic jeopardy unwarranted

The Chairman of the Australian Press Council, Professor Ken McKinnon, said today that the decision to proceed with charging two journalists, Michael Harvey and Gerard McManus, with contempt was very regrettable. Even though, technically, a Victorian judge has laid the charges, they are a direct result of the Commonwealth government's pursuit of the journalists.

"The federal Attorney-General appears now to have backed away from the government's pursuit of the journalists over their sources for a published story that severely embarrassed his government, but the court tactics of his legal representatives left the judge with no alternative when the journalists refused to reveal the sources after being directed by him to do so.

"It is the protection of the identity of confidential sources that leads journalists to risk jail rather than betray their trust," said Professor McKinnon. "If unable to guarantee confidentiality, journalists are less likely to the access the information that enables them to expose corruption, or even ineptness, in government. The ability of journalists to protect the confidentiality of their sources should be recognised in law."

The Attorney-General's action was no doubt designed to allow him to appear sympathetic to the journalists, but left the judge in an untenable position. It is the federal Attorney-General who ought to act now to clear up the situation.

The charging of these journalists is just another example of steps being taken by the governments to restrict the ability of the press to report on matters of public interest and concern. The Commonwealth government, by targeting the journalists who wrote the story, is making them the meat in the sandwich of attempts to intimidate public officials.

The importance of information from confidential sources was demonstrated in Queensland in the late 1980s when officials cooperated with Four Corners and The Courier Mail in exposing corruption in that state. "Journalists should not be exposed to jail when performing their key role of finding and reporting the full story of issues that will enable citizens to assess the performance of elected representatives," said Professor McKinnon.

"Government spin is pervasive. Governments exploit a variety of mechanisms to shape public opinion, not all of them reasonable. Pernicious, unattributable background briefings and selective information 'management' are the tools of trade. But governments do not want journalists to go beyond the partial, official story. They often prevent media access to information that ought rightfully to be in the public domain, as was the situation with the story that put these journalists in jeopardy," he added.

"Freedom of Information laws, supposedly designed to enable access to material of public concern, rarely help. Their intention is being frustrated by deliberate time delays, increased costs and the use of conclusive certificates to bar access to material. Even anti-terrorism laws are being utilised these days as a means of censoring political commentary."

Professor McKinnon concluded, "The Harvey and McManus case doesn't relate to a serious crime or a threat to national security. Their only real 'crime' is holding the government accountable to those who elected it, and pay for it."

see also
Website material on protection of confidential sources
Council's position on a shield law for journalists
Council's submission on uniform Evidence Acts, 2005.

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