Australia’s press freedom problems have been acknowledged by both the Morrison and Albanese governments. However, we’re yet to see any actual law reform to support public interest journalism.
The prosecution was a scandal and should never have been commenced. It was a direct assault upon freedom of political communication, and it intimidated whistleblowers.
The Albanese government has acted quickly to abandon the prosecution of Bernard Collaery, who was charged in relation to the leaking of information about Australia’s alleged spying in Timor-Leste.
The lawyer and his client, Witness K, are accused of disclosing information related to a covert ASIS spying operation. These are the legal issues that are likely to be raised at trial.
Bernard Collaery’s whistleblower trial will be a key test of the National Security Information Act and the restrictions it places on defendants and the courts.
Lukas Coch/AAP
The purpose of the NSIA is to protect national security information from being disclosed in courts. But this can undermine a defendant’s ability to argue his or her innocence.
Protesters outside the Australian embassy in Dili, Timor-Leste, in 2016, demanding a settlement of the border dispute between the nations.
Antonio Dasiparu/EPA
Since Timor-Leste’s independence, relations with Australia have been undermined by contentious negotiations over oil and gas fields. But a new maritime border may mean brighter days ahead.
Witness K’s lawyer Bernard Collaery addresses outside the Supreme Court. Australia’s laws have shown they don’t do much to protect whistleblowers acting in the public interest.
Lukas Coch/AAP
Australian laws make it inevitable for whistleblowers to be charged whenever national security might be involved, even when the information is in the public interest.
Witness K and his lawyer are accused of conspiring to reveal that Australia’s former foreign minister ordered an espionage operation against East Timor’s government.
Antonio Dasiparu/EPA