By Zeb Holmes and Ugur Nedim
Following
concerns by a consortium of media outlets that Malcolm Turnbull’s new
secrecy laws will place journalists at “significant risk of gaol time” for simply doing their jobs, the
United Nations has weighed in by saying the laws impose “draconian criminal penalties on expression” while breaching Australia’s international obligations.
In a submission to a parliamentary review committee, a group of UN
special rapporteurs have expressed concerns the legislation will
“disproportionately chill the work of media outlets and journalists” by
exposing human rights campaigners, activists and academics to criminal
charges and, in doing do, contravene the International Covenant on Civil
and Political Rights (the ICCPR).
The laws
The new laws prescribe prison sentences of up to 20 years for those
communicate or “deal with” information which could potentially “cause
harm to Australia’s interests,” where that information is obtained from
government officials who are not formally permitted to disclose it.
Of particular concern is the broad definition of “harm”, which covers
information that could “in any way” prejudice Australia’s interests or
relations, including those between the federal government and any state
or territory.
The new provisions apply to disclosure by, or information obtained
from, current and former public servants, contractors, defence force
personnel and employees of businesses who provide services to the
federal government.
The reforms were tabled just hours after the marriage equality law
came into effect in December, ensuring they were given little public
scrutiny.
International obligations
The UN warns the legislation is likely to breach of Article 19 of the ICCPR and legislation which ratifies it domestically.
“We are gravely concerned that the bill would impose draconian
criminal penalties on expression and access to information that is
central to public debate and accountability in a democratic society,”
the submission states.
“For example, several offences under the bill would not only penalize
disclosures of government information in the public interest, but also
expose journalists, activists, and academics that merely receive such
information to criminal liability,” it adds.
“Such extensive criminal prohibitions, coupled with the threat of
lengthy custodial sentences and the lack of meaningful defences, are
likely to have a disproportionate chilling effect on the work of
journalists, whistleblowers, and activists seeking to hold the
government accountable to the public.”
Media outlets
In an earlier joint submission, 14 major media outlets including the
ABC, Fairfax Media and News Corp outlined that the new secrecy laws,
combined with
other draconian measures introduced by the federal government, will place journalists at “significant risk of gaol time” for reporting on state affairs.
Ethicos Group specialist Howard Whitton, who has advised states and
the UN on whistleblower policy , has referred to the new laws as, “
creeping Stalinism.”
“The absolute protection of principled disclosure of wrongdoing –
unfettered by government – must be preserved, or Australia will become a
laughing stock internationally”, he added.
The attorney-general’s department contends the laws preserve freedom
of the press because they include a defence for the reporting of “fair
and accurate” information which is “in the public interest”.
But legal experts point out that the defence is entirely subject and
that, in practice, the government will interpret what is “fair and
accurate” and decide who it prosecutes, or threatens into silence.
Silencing whistleblowers
The new laws appear to be aimed at whistleblowers such as Edward
Snowden who expose government lies, criminality and other forms of
misconduct.
The bill’s explanatory memorandum even provides an
example strikingly similar
to the Snowden case; that of a contractor who leaked extensive American
intelligence information to the Guardian and other publications.
“The suggested changes take the wrong lessons from the Snowden and
other revelations,” said Gill Phillips, director of editorial legal
services at the Guardian. “If public interest journalism is made harder
or even criminalised, there is a real risk that whistleblowers will
bypass responsible journalists altogether, and simply anonymously
self-publish data leaks online, without any accountability.”
The laws are
just another example of our government silencing those who seek to expose its misdoings – yet another moved towards
state control at the expense of government transparency and accountability.