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Mr Ruddock: Worthwhile meeting
with media representatives but matters still outstanding. Picture: Renee
Nowytarger |
LAST-MINUTE appeals by representatives of Australia's big media organisations
have failed to persuade the Howard Government that it should shelve its sedition
laws.
After a trip to Canberra late yesterday for talks with officials in the Prime
Minister's office, media executives were gloomy about the prospect of change.
Media companies and industry bodies, supported by arts and legal organisations,
have united in an unprecedented display of opposition to the sedition sections
of the Government's anti-terror legislation. They have branded it a threat to
press freedom, a scaling back of free speech, and unnecessary. But the Government
has been unmoved.
One media executive who has been involved in the long-running negotiations
with the government told Media: "There is very great disappointment that
the Government plans to enact an imperfect bill."
He said after the meeting with officials in the PM's office there may be minor
changes to the sedition section of the anti-terror bill relating to a person's
intent to incite ill-will or disorder, but little more.
Other sources said they believed there was still a push from Liberal senators
to replace the "good faith" defence provisions of the proposals with
a specific defence for "journalistic, educational, artistic, scientific,
religious or public interest purposes". Attorney-General Philip Ruddock
has undertaken to "nuance" aspects of the bill, but has rejected media
pleas to delay implementing the law until it had been reviewed by the Australian
Law Reform Council.
Almost 300 submissions were received by the Senate legal and constitutional
committee, chaired by NSW Liberal senator Marise Payne. They were universal
in their view that the strengthening of sedition laws as proposed by MrRuddock
was unnecessary and a threat to free speech.
Sedition laws have been in force in Australia since 1914, but have rarely been
used. There have been no prosecutions since the 1950s.
In many countries sedition laws have been abandoned. The documentary film-maker
Robert Connolly, representing Arts and Creative Industries of Australia, gave
evidence to the Senate committee that similar laws had been repealed in Canada,
Ireland, Kenya, New Zealand, South Africa, Taiwan, Britain and the US.
He said countries that continued to use sedition laws included China, Cuba,
Hong Kong, Malaysia, North Korea, Singapore, Syria and Zimbabwe, and added:
"I know which list most Australians would like to be on."
Mr Ruddock proposes to move the sedition laws from the Crimes Act and incorporate
them into the tough new anti-terror bill.
The proposals will widen the scope of the laws, making it an offence
to bring the sovereign into hatred or contempt; urge disaffection against the
Constitution, the commonwealth government or either house of parliament; urge
another person to attempt to procure a change, otherwise than by lawful means,
to any matter established by law of the commonwealth; or promote feelings of
ill-will or hostility between different groups so as to threaten the peace,
order and good government of the commonwealth.
Under the existing law, it is necessary to show intent to engage in
seditious behaviour. That requirement is removed in the proposed legislation,
opening the possibility of legitimate protest, opinion or satire breaching the
law.
The proposals have been widely condemned as an incursion against free speech.
In its submission to the Senate committee, the president of the Law Council
of Australia, John North, said sedition law had been broadened "to such
an extent that we think they will accidentally catch members of the media as
well as legitimate protesters and even peace activists".
"The moment Australia moves down that path, then we really are in trouble,"
he said. The Law Council believed it was bad policy to introduce flawed legislation
creating serious criminal offences for which offenders face terms of imprisonment
when some doubt obviously existed about its appropriateness.
The council recommended that the existing sedition laws be reviewed to determine
the need to have them in view of the number of new terrorist offences introduced,
and any new provisions ought to be deferred pending a review.
Mr Ruddock last week proposed that the sedition laws be reviewed after the
bill had passed, prompting ACT Chief Minister Jon Stanhope to brand the suggestion
a "less than rigorous approach to law reform".
The Public Interest Advocacy Centre said the suggestion was "completely
unacceptable" and the head of the Australian Press Council, Ken McKinnon,
described it as "putting the cart before the horse".
Mr Ruddock met a deputation of media parties in his Sydney office last Friday.
It included representatives of Australia's largest publisher, News Limited (owner
of The Australian), John Fairfax, Free TV, the commercial radio industry, SBS
and Australia's subscription TV industry.
The media representatives called for a halt to the sedition laws, pending review.
If that proposal were to be rejected, they said, the sedition laws should be
withheld when the anti-terror legislation was promulgated, and reviewed before
they came into effect.
They also demanded changes to anti-terror legislation relating to police serving
"notices to produce" on journalists who they believe may have information
relating to terror organisations or individuals. They called on the Government
to include specific shield legislation that would prevent journalists going
about their jobs being caught up in police anti-terror activities.
The meeting was described as worthwhile, with Mr Ruddock saying he would give
a considered reply in due course.
By midweek that reply had not been received, although Mr Ruddock had said he
would not drop the sedition provisions of the bill.