Data retention laws: Media kept in the dark on metadata

MEDIA companies will not know if spy agencies are seeking a warrant for a journalist’s metadata but will have a government lawyer acting on their behalf.

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MEDIA companies will not know if spy agencies are seeking a warrant to gain access to a journalist’s metadata but will have a government-appointed lawyer acting as a public interest advocate on their behalf.

Controversial data retention legislation to assist terror investigations was yesterday passed by the house of representatives after the government agreed to opposition demands forcing agencies to get a warrant and allow submissions from a public interest advocate before granting permission.

Communications minister Malcolm Turnbull said the amendments would safeguard journalists.

Warrant applications will be heard by the Administrative Appeal Tribunal and public interest advocates will be allowed to make submissions.

“This is a very important protection,’’ Mr Turnbull said.

“All of us understand the work journalists do in a democracy is just as important as our work as legislators.”

ABBOTT TO SUPPORT METADATA PROTECTIONS

SHORTEN’S CONCERNS FOR FREEDOM OF THE PRESS

Communications minister Malcolm Turnbull / Picture: Tim Marsden

Prime Minister Tony Abbott said forcing telecommunication companies to store metadata for two years would boost the fight against terrorism.

“This is a very important piece of legislation because the Australian Federal Police advise that some 90 per cent of counterterrorism investigations involve the use of metadata as, coincidentally, do some 90 per cent of child abuse investigations,’’ he said.

News Corp group editorial director Campbell Reid welcomed both sides of politics acknowledging the importance of protecting confidential sources but conceded media companies would prefer to have their own lawyers argue a case in open court.

“We like the idea that they have agreed to a warrant process but we would much prefer to be there arguing the case for ourselves,’’ he said.

Mr Reid said he was concerned that applications to access a journalist’s metadata would be done in secret.

Controversial data retention legislation to assist terror investigations was yesterday passed by the house of representatives.

“As an overriding principle we prefer sunlight to darkness and the fact that these warrants can’t be conducted in an open way by us, contestable, is still a concern,” he said.

He said media companies were united in their views on metadata laws and stressed the media’s push for amendments was to protect sources.

“It’s not about protecting journalists, it’s about protecting the people who have the courage to talk to journalists,’’ he said. “In this time, people risk a lot to tell the Australian public things that are in the public interest.”

Mr Reid stressed the media was not trying to hamper terrorism investigations.

“No media company wants to be a blocker to the war on terrorism but there are fundamental freedoms you must protect,” he said.

Independent senator Nick Xenophon will seek to change the legislation in a bid to lessen its “chilling effect” on free speech. “While the government and opposition are busy patting themselves on the back ... they’ve in fact stabbed investigative journalism and a free press in the heart,’’ he said.