International Freedom of Expression Exchange: The global network for free expression
5 April 2006
NEW SPYING LAW POSES SEVERE THREAT TO PRESS FREEDOM
The Australian Senate has approved a bill that would give authorities powers to intercept phone calls, e-mails and text messages of citizens, a move seen by the Media, Arts and Entertainment Alliance (MEAA) and Reporters Without Borders (Reporters sans frontières, RSF) as a serious threat to press freedom.
Spies, police and other security agencies will be able to use warrants to tap phones belonging to a suspect's family, friends, colleagues and lawyer, says MEAA.
Other agencies, such as the Australian Tax Office, Customs, and the Australian Securities and Investment Commission (ASIC), will have the power to access stored communications such as e-mail and SMS text messaging.
MEAA argues that the legislation targets anyone who interacts with suspects of serious crimes, even though they are not themselves suspected of anything. It also says the law poses a threat to journalists.
"Journalists who contact terror suspects for a story may have their phones tapped, giving authorities access not only to conversations with the suspect but also those of other, innocent sources," says MEAA. This would jeopardise the ability of journalists to maintain source confidentiality.
RSF notes that existing laws already place undue pressures on journalists. Australia's Anti-Terrorism Act, adopted in December 2005, provides for sentences of up to five years in prison for contacting a terrorism suspect. Journalists investigating terrorist activities could be arrested by the police, especially if they publish the names of suspects.
Reporters do not have the right to refuse to reveal their sources in terrorism cases, and security forces can raid news organisations in order to search for evidence in such cases.
Visit these links:
- MEAA: http://www.alliance.org.au/content/view/172/52/
- RSF: http://www.rsf.org/article.php3?id_article=16920
- New South Wales Council for Civil Liberties: http://www.nswccl.org.au/news/show_pr.php?relNum=1&relYear=2006
- Australia's Anti-Terrorism Laws:
http://jurist.law.pitt.edu/forumy/2006/03/strengthening-counter-terrorism-laws.php
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