Photographer :
cofano @ flickr
Phone tappings. Intimidation. Journalists being forced to withhold information from the public and give up sources to the authorities. These don’t sound like the conditions of a developed and supposedly democratic country—nor would most Australians realise that this is happening right under their noses.
Australia’s freedom of press is quickly deteriorating. In 2007, Reporters Without Borders (an international non-government organisation that promotes press freedom) ranked Australia 28th out of 169 countries for press freedom. This is a significant drop from Australia's ranking of 12th in 2002 and puts Australia behind less developed countries such as Namibia, Latvia and the Czech Republic. The United States also ranks embarrassingly poorly. Though founded on the ideals of democracy and free expression, the U.S has danced around the 50th mark for the last few years.
A free and independent media is vital for freedom of expression and opinion, as noted in the Universal Declaration of Human Rights (Article 19). It is at the heart of the democratic process. However, many countries typically described as democratic, such as Australia and the U.S, are failing to effectively promote press freedom. Why?
The reason can be wrapped up in one telling word: Terrorism. Following the September 11 terrorist attacks, several countries including the U.S, Britain and Australia introduced specific anti-terrorism legislation which increased surveillance of citizens and the monitoring of information flows. It is these anti-terror measures which have been linked with the decline in press freedom across the western world.
In Australia, a package of laws is used to combat terrorism and protect national security. The Telecommunications Interception Legislation Amendment Act 2002 enables surveillance of all citizens and facilitates the interception of information between citizens. This means that police have the power to listen to your phone conversations or read your emails if they suspect that you, or someone you are in contact with, is involved in terrorism.
The Anti-Terrorism Act, introduced in 2005, went even further by reintroducing the crime of sedition and expanding its potential use in Australia. The Arts Law Centre of Australia defines sedition as ‘statements and acts that condone the use of violence against Australians and its institutions’. However, sedition is broad in nature and can be interpreted widely. Just how wide has become a serious concern within the Australian media and academic community.
The Australian Press Council in their 2007 report, State of the News Print Media in Australia, claimed that Australia’s sedition laws allow the government to restrict freedom of the press beyond what may be necessary to combat terrorism. They argue that the former government used the legislation to suppress information that criticised the government.
‘These [anti-terror] laws have…had the effect of shielding governments from public scrutiny. Even if anti-terrorism measures could be shown to be necessary for the protection of Australia 's security, there is a widespread belief that they go much further than is necessary and intrude excessively into freedom of expression,’ said the Council.
The government has used sedition laws to impose suppression orders on journalists, which prevents certain information from becoming public. Journalists can face seven years jail for revealing information that is considered to be of a ‘seditious’ nature.
Suppression orders have been slapped on journalists in relation to sensitive cases such as the Australian Wheat Board case (where the Board was accused of providing ‘kick-backs’ or payments to Saddam Hussein’s regime to secure wheat sales) and terrorist raids on Sydney in Melbourne homes in 2005.This may have prevented the public from learning the finer details of these cases.
The Rudd government has indicated that freedom of press is a key priority, however they have done little to undo the damage that Australia’s sedition laws have caused. Instead they are planning on further expanding the Anti-Terrorism Act to allow companies to access employee emails.
The Democrats have urged the Rudd Government to undertake a review of the current legislation before expanding on it.
The disappointing irony is that as we try to tackle terrorism, which seeks to destroy democracy, we have actually made our own societies less democratic. It is essential that we remember why it is that we have anti-terrorism laws in the first place so that press freedom isn’t sacrificed in the pursuit of a safer society.
How do I know this?
Reporters Without Borders, 2004 Annual Report,
http://www.rsf.org/article.php3?id_article=10147
AUSTRALIA: Australia's press freedom ranking plummets, Asia Media,
http://www.asiamedia.ucla.edu/article.asp?parentid=10835
Press freedom—a grand struggle of ideas, ABC,
http://www.abc.net.au/rn/mediareport/stories/2006/1624270.htm
State of the News Print Media in Australia 2007, Chapter 7—Press Freedom 2007: Developments Affecting the Freedom of Communication,
http://www.presscouncil.org.au/snpma/snpma2007/ch07_snpma2007.html
Sedition Law in Australia, Arts Law Centre of Australia Online,
http://www.artslaw.com.au/LegalInformation/Sedition/default.asp
Prime Minister’s office has spoof website closed down, Reporters without borders,
http://www.rsf.org/article.php3?id_article=16896
Major Australian media companies join forces to fight "erosion" of press freedom, International Herald Tribune,
http://www.iht.com/articles/ap/2007/05/10/asia/AS-GEN-
Australia-Press-Freedom.php Norman Abjorensen, 2007, ‘Not good news: Australia’s shrinking media freedoms’, Democratic Audit of Australia
The media muzzled: Australia's 2006 press freedom report, The Media, Entertainment & Arts Alliance 2006 report into the state of press freedom in Australia
Workplace snoop laws premature: Democrats, The Australian,
http://www.democrats.org.au/news/index.htm?press_id=6547
Anti-terrorism laws rammed through minus debate, The Age,
http://www.theage.com.au/news/national/antiterror-laws-rammed-through--minus-debate/2005/12/06/1133829596080.html
