11-15-07, 9:41 am
A coalition of major media players recently released a report from an audit into the state of free speech in Australia. It is a disquieting document. Chaired by the former head of the NSW Independent Commission Against Corruption, Irene Moss AO, the report concludes that 'many of the mechanisms that are so vital to a well functioning democracy are beginning to wear thin' and that a 'culture of secrecy' thrives in many state and federal government departments and agencies.
There are now roughly 500 pieces of legislation on the books that contain secrecy provisions or other restrictions on the freedom of the media to publish information. Freedom of Information (FOI) has been gutted and no longer functions as any sort of guarantee of transparency in government decision-making. The quickie press conference, PR and spin emanating for ministers’ offices are used to duck responsibility when problems crop up.
Open justice in the courts is under threat from restricted media access to documents and the increased use of suppression orders. It is open season on whistle blowers who still have no effective and consistent protection from prosecution even while protecting the public interest. Most worrying is the use of 'anti-terrorism' legislation which draws the blinds right down on the most outrageous violations of Australians’ civil rights.
The Report of the Independent Audit into the State of Free Speech in Australia is not the first notice of the fast-deteriorating state of press freedom in Australia. A statement by the same grouping of major media corporations which includes News Limited, Fairfax, the ABC, Commercial Radio Australia, SBS, Australian Associated Press and Sky News raised similar concerns last May. The campaign called 'Australia’s Right to Know' was launched at that time. The most recent worldwide press freedom index, compiled by the international organization Reporters Without Borders, ranks Australia 35th. That is equal with Bulgaria and behind Bolivia (16th) and South Korea (31st). The latest audit seeks to establish a reference point for future annual reports.
The Howard Government is shown to be the worst offender by far. There have been so many worrying instances that it is easy to forget the many casualties. Emblematic was the case of Alan Kessing who co-authored a departmental report in 2004 showing lax security and corruption among airport security staff. The findings appeared on the front page of The Australian in 2005. Kessing was found guilty under the Crimes Act of 'communicating without lawful authority or excuse' documents in his possession. The exposé led to a $200 million overhaul of airport security but Kessing, who insists he did not leak the report, has to wear his suspended sentence like an albatross around his neck.
Secretary of the PM’s Department Peter Shergold encapsulated the Federal Government’s attitude to whistleblowers when he said 'if some people seem surprised that I have called in the police to deal with leaks, they shouldn’t be — I always have and I always will'. Promises to introduce clear and ample whistleblower legislation have come to nothing. There is still a presumption in existing shield laws that journalists should reveal their sources. The onus is on them to establish a compelling public interest for protecting their informants.
Media access to documents through Freedom of Information is frustrated by delays, obstruction and mounting costs. In 2005-06, 25 per cent of non-personal applications to federal agencies took more than 90 days to process even though the statutory time limit is 30 days. The Herald Sun abandoned a two-year effort to get access to information regarding travel for federal politicians after it was quoted a charge of $1.25 million for the material — the equivalent of 32 years of full-time work for a public servant. The government argued that it could charge for consultation and decision making.
The report stuns with its catalog of recent outrages but still manages to note in passing that 'Australia is generally accepted as a land of freedom and compares well internationally on many fronts on civil rights ….'
While this sentiment would be welcomed by the media organizations sponsoring the report, it is cold comfort to Aboriginal Australians being stripped of their land and other rights, the workers who have lost their rights at work under the odious WorkChoices legislation and the asylum seekers who have been locked up like criminals for years, without charges or convictions.
From The Guardian
