Confidentiality of journalistic sources under attack in NSW
The ability of journalists to protect sources is essential to a free press, yet there have recently been disturbing examples of this being under threat in Australia. Earlier this month the NSW Crime Commission, one of the state’s most powerful investigative agencies, served a subpoena to two Fairfax journalists, demanding they hand over documents and SIM cards connected with a series of stories sourced from Police Integrity Commission officers.
The Sydney Morning Herald’s publisher and editor-in-chief, Peter Fray, said in a statement that Fairfax Media will fight the subpoena.
“Fairfax Media deplores this threat to hinder the pursuit of the truth in a matter of great public concern, and to impede the administration of justice,” Mr Fray said.
“I am very concerned about this unprecedented attempt to get Fairfax employees to hand over documents and information which have no obvious relevance to the dispute between the Crime Commission and the Police Integrity Commission.”
For 18 months, the Police Integrity Commission has been investigating how the highly secretive NSW Crime Commission goes about its business. The Crime Commission is already using the Supreme Court to try to stop a public inquiry into its operations by the PIC.
The Media, Entertainment and Arts Alliance director of communications, Johnathon Este, says that if the public is going to be properly served by the news media in Australia, journalists have to be able to, in certain circumstances, keep the sources of their stories confidential.
“At the heart of this, unless journalists are allowed to maintain the confidentiality of their sources, we are not going to have any sources, because there is no protection for whistle blowers in Australia,” Mr Este said.
Last month, the federal parliament passed new shield laws to protect whsitle blowers that were introduced by independent MP and former Howard Government whistle blower Andrew Wilkie. The MEAA and news organisations are pushing for similar shield laws to be adopted in the states and territories.
