Home -> Law Blog Directory -> International Law Blogs -> Open and Shut
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
International Law
: Open and ShutFederal shield law done and dusted
If these amendments from the Australian Greens were to be adopted, the whole purpose of this bill would be massively expanded beyond its original conception, which is to protect journalists? sources in defined circumstances. It would not merely protect journalists, and it would not merely protect news media. It would be carte blanche for anyone who wanted to publish anything anywhere that might be considered news.
While it remains to be seen how the term journalist, defined as "a person who is engaged and active in the publication of news", is interpreted, "anyone, anything, anywhere" seems over the top to me. And to Andrew Wilkie and Attorney General McClelland who spoke in favour, the latter finding merit in the whole process despite previous government resistance to reform along the lines now adopted:
In conclusion, this bill is an excellent example of how all sides of politics can work together in this parliament towards a common goal. I again thank the member for Denison and also Senator Xenophon for introducing this bill and for their willingness to work with the government on this important issue.
But then this extraordinary call within two days of the passage of the bill by Robin Speed of the Rule of Law Institute of Australia, for the legislation to be amended immediately to provide that disclosure should only be ordered where national security is at stake. Some points that Mr Speed seems to miss:
- the debate about this has been on for years. There will be little interest or enthusiasm in reopening it now
- the bill provides for a rebuttable presumption against disclosure of the identity of a journalist's source-non-disclosure is the starting point
- it applies in matters concerning Commonwealth laws or heard in federal courts
- it is what media interests sought
- the onus in seeking to force disclosure rests on the party who seeks disclosure to establish that other public interests justify disclosure
- the protection of national security should be grounds for a consideration of an override but other public interests for example justice to an individual should not be excluded
- the problem at the centre of his concerns is a matter for NSW state law and nothing to do with this bill.
- all of us should be worried about the opaque operations of the NSW Crime Commission but this is nothing to do with the legislation passed in Canberra this week.
Full post as published by Open and Shut on March 23, 2011 (boomark / email).
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Anthem Blue Cross and Blue Shield
Settle with California
Blue Cross Blue Shield
alleging they have refused coverage for austic children
Taylor Bean Faces Federal WARN Class Action
Taylor Bean Federal Employment Class Action Filed
Arrow Trucking Hit with Federal Lawsuit by Employees
Arrow Trucking Hit with Federal Lawsuit by Employees
California Talent Agency, Be Productions, Faces Federal Class Action
California Talent Agency, Be Productions, Faces Federal Class Action
Parents Bring Federal Lawsuit After Tainted Baby Formula Injures Newborn
Parents Bring Federal Lawsuit After Tainted Baby Formula Injures Newborn

Lawyer2Lawyer: The Case for the Shield Law
Shield law now covers everyone
Podcast: The Case for the Federal Shield Law
The Federal Shield LawLegal Talk Network - Law News and Legal Topics








