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Shield laws need broad definitions, human rights lawyers submit
Human rights lawyers have called on the Queensland government to catch up to other states by urgently introducing robust new shield laws with broad definitions to ensure adequate protections for whistleblowers and journalist sources.
Naomi Neilson
Queensland is still yet to catch up to other jurisdictions by implementing “shield law” protections and as part of the process to introduce it, legal organisations have submitted a range of recommendations designed to protect journalists and their sources from intense scrutiny by courts and tribunals or risk fines and jail terms.
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In its submission to the Queensland Department of Justice and Attorney-General Shannon Fentiman, the Human Rights Law Centre (HRLC) said the new shield laws must use broad definitions to ensure adequate protections for whistleblowers and journalist sources within a changing and “evolving media landscape”.
“Whistleblowers play a vital democratic role and they need to be protected. The introduction of shield law provisions, based on best-practice, with no loopholes, will strengthen Queensland’s democracy,” senior lawyer Kieran Pender said.
As part of its recommendations, HRLC has also called on the Queensland government to push for national reforms across Australia’s media laws, including further shield protections and a Charter of Human Rights and Freedoms.
Mr Pender said despite playing a vital role, public interest journalism is under threat. In recent years, journalists and media organisations have been raided, police have accessed the metadata and travel records of journalists and reporters who have simply been carrying out their jobs have been threatened with prosecution.
On the other hand, whistleblowers face growing legal, financial and reputational risks of speaking up and, when they do, it is often on the express condition of confidentiality. Maintaining that confidentiality is a “bedrock principle of journalism”.
“Until journalists and whistleblowers are appropriately protected across the country, public interest journalism will continue to decline. As it declines, so does our democracy,” said Mr Pender.
