Shield laws needed in Queensland to protect journalist sources

The Human Rights Law Centre is urging the Queensland Government to introduce robust new shield laws to protect the identity of journalists’ confidential sources.

Queensland is currently the only jurisdiction in Australia without any legislative “shield law” protections, meaning journalists can be forced to disclose the identity of whistleblowers by courts, tribunals, inquiries and commissions, or risk a fine or jail.

The Queensland Government has committed to enact protections for journalists and their sources and has called for submissions on the scope of those protections.

In its submission to the Queensland Department of Justice and Attorney-General, the Human Rights Law Centre said the new laws must use broad definitions to ensure adequate protections for whistleblowers and journalist sources in an evolving media landscape.

It also urged the Queensland Government to push for national reforms to Australia’s media laws, including harmonised shield protections and a Charter of Human Rights and Freedoms. 

Human Rights Law Centre senior lawyer Kieran Pender said:

“Whistleblowers play a vital democratic role and they need to be protected.

“We welcome the Queensland Government’s commitment to enacting new protections for journalists and whistleblowers. The introduction of broad shield law provisions, based on Australian best-practice, with no loopholes, will strengthen Queensland’s democracy.

“Despite its vital role, public interest journalism in Australia is under unprecedented threat.  In recent years, media organisations have been raided, police have accessed the metadata and travel records of journalists, and reporters doing their jobs have been threatened with prosecution.

“Whistleblowers face growing legal, financial and reputational risks to speak up. When they do, it is often on the express condition of confidentiality. Being able to maintain that confidentiality is one of the bedrock principles 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.”

Read In the Public Interest Shielding Confidential Sources: Balancing the Public’s Right to Know and the Court’s Need to Know here.

Media contact:
Michelle Bennett: michelle.bennett@hrlc.org.au, 0419 100 519