The threat of jail hanging over the heads of Herald Sun journalists Michael Harvey and Gerard McManus also threatens press freedom in Australia.

The
obligation on journalists not to reveal confidential sources may seem
arcane, but it is a cornerstone of the ability of journalists to report
news and information that governments may wish to conceal. If
whistleblowers and leakers cannot be confident that they will not be
exposed, they will simply stop talking to journalists.

That will
mean political coverage in Australia will be reduced to the thin gruel
of press releases, Question Time and staged political stunts. It will
mean the Australian people will know significantly less about what is
being done in their name.

There is no doubt that the government
is attempting to intimidate whistle blowers. In 2004, the Secretary of
the Department of the Prime Minister and Cabinet, Dr Peter Shergold
made the government’s approach plain: “…if some people seem surprised
that I have called in the police to deal with leaks, they shouldn’t be
– I always have and always will.”

The only thing standing
between an informed public and an intimidating government is the
preparedness of journalists to face jail to protect confidential
sources. It should be a matter of pride to Australians that our
journalists have always stuck to the principle, no matter the penalty.

Once one journalist surrenders this point, much of the structure that underpins a free media will tumble down.

For
journalists, there is some hope. A review of uniform evidence acts by
the Australian, NSW and Victorian law reform commissions is considering
a proposal to extend the NSW professional confidential relationship
privilege into Australia-wide uniform laws.

This
would empower courts to allow journalists not to reveal confidential
sources, despite any prosecutorial zeal. Unfortunately, this looks like
coming too late to help Michael Harvey and Gerard McManus.