"Recently, the Australian Federal Police conducted raids at the home and office of two journalists. The validity of such action is currently before the courts. It is argued here that it is possible that the High Court might find that action that effectively forces a journalist to reveal their sources breaches the implied freedom of political communication. Journalists play a pivotal role in permitting the public to hold governments accountable in our democratic system of government. Laws that effectively force them to betray their confidential sources may well limit the supply of information to journalists, in turn curbing the flow of information to voters. Courts in other jurisdictions have found that raids on journalists’ homes and offices infringe freedom of expression in a way that cannot be justified in a democracy."
Monday, March 30, 2020
Gray on "The Punishment of Journalists for Contempt for Refusing to Reveal Their Sources in Court"
Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 29(2) of the Journal of Judicial Administration. The article is titled "The Punishment of Journalists for Contempt for Refusing to Reveal Their Sources in Court". Here is the abstract:
"Recently, the Australian Federal Police conducted raids at the home and office of two journalists. The validity of such action is currently before the courts. It is argued here that it is possible that the High Court might find that action that effectively forces a journalist to reveal their sources breaches the implied freedom of political communication. Journalists play a pivotal role in permitting the public to hold governments accountable in our democratic system of government. Laws that effectively force them to betray their confidential sources may well limit the supply of information to journalists, in turn curbing the flow of information to voters. Courts in other jurisdictions have found that raids on journalists’ homes and offices infringe freedom of expression in a way that cannot be justified in a democracy."
"Recently, the Australian Federal Police conducted raids at the home and office of two journalists. The validity of such action is currently before the courts. It is argued here that it is possible that the High Court might find that action that effectively forces a journalist to reveal their sources breaches the implied freedom of political communication. Journalists play a pivotal role in permitting the public to hold governments accountable in our democratic system of government. Laws that effectively force them to betray their confidential sources may well limit the supply of information to journalists, in turn curbing the flow of information to voters. Courts in other jurisdictions have found that raids on journalists’ homes and offices infringe freedom of expression in a way that cannot be justified in a democracy."
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