Long-awaited shield laws fail to protect journalist from corruption watchdog

Queensland will wait until next year to introduce protections for journalists who are now facing jail time if they do not give up sources to anti-corruption bodies.

Queensland Attorney-General Shannon Fentiman. Picture: NCA NewsWire / Dan Peled

Queensland will wait until next year to introduce protections for journalists who are now facing jail time if they do not give up sources to anti-corruption bodies.

Attorney-General Shannon Fentiman has confirmed long-awaited journalistic shield laws, approved by cabinet on Monday, would be introduced to state parliament this week but would not extend the protection to secret “star chamber” hearings held by the corruption watchdog.

The decision is a major setback for a Brisbane television journalist who is facing prison for refusing to answer questions from the Crime and Corruption Commission about a police source.

The journalist, who can be iden­tified only as “witness F”, has been fighting the watchdog in court for more than a year for the right to protect his source who tipped him off about a murder ­arrest in 2018.

On Friday, the state’s highest court refused his appeal to remain silent. He could now be hauled back before the CCC and threatened with a $26,690 fine or five years in prison if he continues to refuse to answer questions.

If witness F is called before a ­secret coercive hearing again, he could be ordered not to tell anyone he has appeared, aside from his lawyer.

Ms Fentiman said the government planned to tweak the CCC Act in 2022 to extend the shield to corruption investigations, but acknowledged it would be too late for witness F.

“It is incredibly unfortunate,” she said. “At this stage the shield will apply only to proceedings before a court, that is because we will be working on provisions relating to the CCC next year … That will take some more time and further consultation,” she said.

“Most other jurisdictions, their shield laws do not apply to corruption proceedings but we will be doing that work to make sure that Queenslanders and journalists are protected.”

The journalists’ union has long been campaigning for national shield law reform because legal protections differ between states. “Australia needs a uniform national shield law regimen that guarantees no journalist goes to jail for reporting the truth,” Media, Entertainment & Arts Alliance media director Adam Portelli said.

Once legislation is introduced to state parliament, expected on Tuesday morning, it will be referred to a parliamentary committee for public consultation before being debated and voted on next year. The LNP opposition has indicated it may move amendments to expand the shield to corruption investigations. But Ms Fentiman argued it would be better to pass basic shield laws before starting work on more “complex” parts of the legislation.

“Extending this to corruption proceedings is very complex, very few states – only the ACT and Tasmania – have those protections,” the Attorney-General said.