Proposed Journalist Shield Laws

On 17 January 2022, the QCCL made its submission https://www.qccl.org.au/newsblog/journalist-shield-laws-1 to the State Parliament’s Legal Affairs and Community Safety Committee in relation to the government’s proposed journalist shield laws.

“Whilst the laws will provide a significant improvement over the current position they do not go far enough” says Michael Cope QCCL President.

The law allows journalists to refuse to disclose their informant’s identity or information which would identify their informant unless a Court finds that the public interest in the disclosure of that information outweighs the public interest in its being kept secret.

Further the law only applies where the journalist has promised the informant not to disclose the informant’s identity

“Journalist shield laws are an aspect of the right to freedom of speech. Citizens are entitled to access to information to enable them to make proper decisions. One source of that information is the media.”

If the law too readily allows a journalist to be compelled to identify a source or disclose information they have obtained in the course of their work, journalists and informants will be deterred from collecting and providing information which is vital to the public interest.

“In order to effectively perform its vital role of disseminating information to the public, the media must be given the widest possible latitude to seek and publish truthful speech about matters of public interest.”

“To properly secure the public's right to know, the shield must extend beyond the identity of the informant and beyond circumstances in which the journalist has promised confidentiality. It must extend to any information obtained by a journalist for their use as well as to their informant’s identity”

Some 17 States in the United States have statutes which extend the privilege to any information obtained by the journalist for the use of the journalist whether they have promised confidentiality or not.

“QCCL calls on the government to extend the laws to cover any information received by a journalist, whether on a promise of confidentiality or not” said Mr. Cope

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154 

20 January 2022