Labor and crossbenchers push to exempt journalists from secrecy laws

Labor and key crossbench senators have increased the pressure to amend the controversial new secrecy and espionage laws.

Opposition legal affairs spokesman Mark Dreyfus.

Labor and key crossbench senators have increased the pressure on Attorney-General Christian Porter to amend the government’s controversial new secrecy and espionage laws, saying they will push for changes to ensure the reforms do not expose journalists to criminal prosecution for doing their jobs.

Opposition legal affairs spokesman Mark Dreyfus told The Weekend Australian that Labor would not allow the government to “jeopardise the vital role of journalists in our democracy”.

He said many organisations had made it clear the new foreign interference laws were “poorly drafted with no consultation”.

“It is becoming increasingly apparent we will need to fix the government’s stuff-ups,” he said.

Media companies, including News Corp Australia, which publishes The Weekend Australian, have warned that journalists and editorial support staff could be convicted under the proposed legislation if they are sent sensitive government information.

Mr Dreyfus said protecting national security would always be Labor’s highest priority but it would be “examining a number of potential amendments through the committee process” to strengthen the bills. “We want to make sure that these bills will not put journalists in jail simply for doing their jobs,” he said.

Parliament’s joint committee on intelligence and security this week extended the date for reporting on the new foreign interference laws amid a barrage of criticism from lawyers, universities and the Inspector-General of Intelligence and Security.

Key crossbench senator Rex Patrick, a member of the Nick Xenophon Team, told The Weekend Australian the bills were “problematic in their current form” and would have a “chilling effect” on the media’s reporting on national security, international affairs, intelligence matters, law enforcement matters and common­wealth-state relations.

“This is an unacceptable proposition,” Senator Patrick said.

“The legislation should exempt journalists, subject to responsible editorial control, perhaps defined by the Press Council, over the dealing and publication of matters otherwise considered harmful to Australia’s interests.”

Senator Patrick said as secrecy laws were tightened, NXT would also push for improvements to Freedom of Information laws.

The new Attorney-General this week defended the proposed laws, telling The Australian the government was updating existing laws that “all journalists are familiar with and have operated under for many years”.

Melbourne University professor of law Jeremy Gans said under the existing law journalists could already be prosecuted for receiving classified information. This exposed journalists to potential jail terms unless they could show that when they received the communication it was contrary to their desire.

However, the Human Rights Law Centre’s Aruna Sathanapally said there was “absolutely no doubt” the proposed legislation broadened the measures in place.