Thursday, 6 June 2019

There was a police raid on the ABC

yesterday and the media is upset about it. (By ABC I mean the Australian not the American Broadcasting Company).
I am not upset. I am not upset for a very good reason. The Australian Federal Police who conducted the raid had every right to conduct it.
It would have been done under the provisions in the Crimes Act 1914 (Cth) - section 70 and section 79.  Section 79 makes it a criminal offence to disclose official secrets. It is punishable by seven years in prison. (That's a pretty light sentence if you put national security at risk.)
Section 70 is much wider.  It makes it a criminal offence to disclose any fact a Commonwealth officer has learned or any document they have obtained by virtue of their position that they are under a duty not to disclose. Breach of this provision can result in up to two years imprisonment. (Again it is a pretty light sentence if you put national security at risk.)
Given the nature of my job I often learn things I don't want to know. I learn things I don't like. There are things I would like to shout from the rooftops. I can't. I won't. I have signed more non-disclosure documents than I care to think about. That's it. 
Journalists don't sign those sort of documents but it still doesn't mean they can use information they receive without facing the consequences. If the information is given to them by someone who has breached the law and they use that information then they are also guilty of a breach of the law. It doesn't matter how good the story is or how much it needs to be told it is still a breach of the law.
Journalists naturally want the right to report things. Freedom of the press is important and it can do much to keep governments honest and people informed. But - a big but - it also carries with it to be not just fair and accurate but responsible and within the law. 
There is a very casual attitude towards national security here. There should not be but there is because most people, and this would seem to include journalists, are unaware of the risks. They believe it is a simple matter of checking passports on arrival and simply taking asylum seekers at their word.  It is of course much more complex than that. It requires constant vigilance.
Journalism is of course not merely about reporting the news but about trying to influence public opinion. The advent of digital technology and the lava flows of "news" make this easier - and much more dangerous.
Many people will want to believe there is some sort of collusion between the government of the day and the AFP over the raids on the home of the journalist and the ABC. The chances of that are infinitely small - but it won't stop people believing it. 
If journalists are not responsible then the freedoms of the press will be curtailed and we will all be the losers.

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