UTS Journalism: News and Current Affairs - summer course

Theories & Links

Australian Press Audit...extract from UTS' Associate Professor Chris Nash's analysis of press freedoms in Australia

SMH Editorial...Governments leak. Ministers and their staff leak, and so do government departments. Some leaks are selfish, others selfless. Whether from the Coalition or Labor, the leak is integral to political life; it exposes dark secrets to the sunlight of public scrutiny. Leaks exemplify the freedom of expression vital for democracy.

Deals with a deep throat always stand...Richard Ackland: Well before the former FBI man Mark Felt outed himself as the world's most famous secret source, Bob Woodward from The Washington Post had drafted his version of the Deep Throat story.

Ruddock considers changing law to protect journalists....Federal Attorney General Philip Ruddock has intervened in the case of two journalists facing possible jail terms for refusing to disclose their sources.

Protection of sources Christopher Warren President International Federation of Journalists Asian Journalists Forum October 31, 2005 (pdf download)....The protection of journalists’ sources is a fundamental rule of journalistic ethics. It’s a principle recognised by national and international journalist codes of ethics around the world.

 

Judith Miller: Confidentiality of sources in Australia

Fights between the courts and journalists over the professional privilege of confidentiality have been fought in many jurisdictions including Australia. Without any guaranteed freedom of speech provision in the Australian constitution, Australian journalists have even less power to argue their case than their American colleagues.

Issues and Questions for analysis and reflection

  • Identify the current state of Australian law in regard to the protection of journalists source protection.
  • Discuss key cases particularly the Gerard McManus and Michael Harvey case.
  • Who do shield laws really protect? The journalist? The source? The public?

Resources

ALRC Discussion Paper 69: Privileges protecting other confidential communications

From a joint NSW Law Reform Commission and Australian Law Reform Commission review of Evidence Act

Confidentiality Of Sources

MEAA Response to ALRC Discussion Paper

Turning Up The Heat: The Decline of press freedom in Australia 2001-2005.

MEAA Press Freedom Report 2001-2005

Caslon Analytics Free Speech Guide

This page looks at media privilege or journalist's confidentiality: protection of media sources in the public interest. It also looks at confessional privilege and broader 'freedom to be silent'.

Protection of sources

Should the two Herald Sun journalists reveal the name of the person who leaked them confidential government material? Former ABA Chair David Flint on the current Melbourne case.

Journalists could be victims of Melbourne's crime underworld

Russ Grayson on a 2004 case: It may be the messenger rather than the criminals who end up casualties of Melbourne's recent gangland killings. Turning common sense on its head, Premier Steve Bracks vented his displeasure about the leaking of a secret police document. His target was not only the presumably corrupt police who leaked it but the ABC journalists who published a news story about it.

Off the Record: Shield Laws for Journalists' Confidential Sources

1994 Report from the Senate Standing Committee on Legal and Constitutional Affairs

Australian laws and cases

Summary from a 2005 Australian Press Council report on Australian media law.

 

   This site was designed by Marcus O'Donnell for N&CA Summer 2005-2006