General Press Release No. 279 (June 2007)

Punishment of journalists indicates that it's time to come clean

The conviction, and sentencing today, of two Herald Sun journalists protecting their sources illustrates the failure of governments to make themselves properly accountable to the electorate. Through the suppression of information and the rorting of freedom of information law, material directly related to government performance is not available through the press. The Australian Press Council challenges all governments to come clean and ensure relevant details are available to the public.

The two journalists, Gerard McManus and Michael Harvey, had been directed, during the committal of a public servant to disclose sources in relation to a story (published in the Herald Sun 20 February 2004) embarrassing to the then Veterans Affairs Minister. At the time the Minister was trying to "spin" a cut in a promised program as some sort of windfall for veterans. Leaked material, made available to the journalists, demonstrated that the Minister was in fact reneging on an earlier undertaking.

Fortunately, like former Customs official Allan Kessing late last week, neither McManus nor Harvey was given custodial sentences. But the convictions in the two cases are a further indication of a government obsessed with secrecy - seeking to punish both officials accused of providing information of clear public interest and journalists who publish that information.

As the Council's Executive Secretary, Jack Herman, noted, "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."

The Press Council notes that, if governments were to come clean with the Australian people on matters of public interest and concern, there would be no need for journalists to rely on leaked material for their stories. Instead, the Commonwealth government, by prosecuting the alleged sources and targeting the journalists, is attempting to intimidate public officials and the press into silence on issues that may throw light on government malpractice and chicanery.

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 Mr Herman.

Mr Herman observed that 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. 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.

"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."

The Press Council calls on all governments, federal, state and territory, to ensure that information necessary to the public is made available and that journalists are not singled out for punishment for doing the right thing by the voters.

See also
Index of material on protection of journalists' sources

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