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LCA welcomes amendments to farm trespass laws

The Law Council of Australia has backed changes to agricultural incitement of trespass laws, noting it will help ensure media freedoms are better protected.

September 16, 2019 By Emma Musgrave
Arthur Moses SC
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While the LCA acknowledged that it believes the Criminal Code Amendment (Agricultural Protection) Bill 2019 is “unnecessary”, it says amendments recently proposed by the government and supported by Labor help improve the legislation.

Included in the amendments is the introduction of two new offences that apply if a carriage service is used to transmit, publish or distribute materials to incite trespass, property damage or theft on agricultural land.

In its submission to the Senate legal and constitutional affairs committee, the Law Council raised concerns with the laws as drafted, including that they unduly placed burden of proof on a defendant and could result in impeding media freedom.

 LCA president Arthur Moses SC said the show of bipartisanship protected press freedoms, which have increasingly come under threat in recent times.

“The government’s amendments strengthen the protections available to journalists under the legislation by removing the requirement that a journalist must prove disclosure of ‘offending’ material was in the public interest,” Mr Moses said.

“The Law Council is pleased the responsibility of the media to report on matters of public interest has been recognised through the amendments.

 “The press must be able to report freely on matters that impact Australians and adequate legislative protections are essential.”

Emma Musgrave

Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.

Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences. 

Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.

She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University. 

Email Emma on: This email address is being protected from spambots. You need JavaScript enabled to view it. 

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