In a rare moment of levity in yesterday’s Joint Committee on Intelligence and Security hearings into the (inaptly named) foreign fighters anti-terrorism bill, the former independent national security legislation monitor, Bret Walker SC, noted that the only bill he had been asked to comment on in the three years that he occupied that position (most of it under Labor) was the bill abolishing his position, earlier this year.
As it turned out, that bill was pulled by the government after it decided to keep the position, a decision announced on July 16. Nearly three months later, the government has yet to announce who will replace Walker, whose term ended in April. Within those three months, the government has introduced two major sets of far-reaching national security measures and foreshadowed a third, on mass surveillance.
For someone who was gung-ho to get rid of the INSLM until mid-July, Attorney-General George Brandis is awfully possessive of that office, repeatedly insisting that the whole idea was the Coalition’s (in fact, it’s a copy of the UK Independent Review of Terrorism Legislation) despite it being established by the Rudd government. But his enthusiasm hasn’t translated into a timely appointment to enable independent advice on the raft of draconian proposals he is bringing forward.
Walker yesterday repeated his opposition to preventive detention — something he called for the outright abolition of in an early report — which is to be extended in the current bill. Walker also opposes the current laws for control orders, believing them to be unfit for their intended purposes. But, significantly, he also explained that the drafting of parts of the bill in effect might criminalise joining an organisation that, however peacefully, might damage Australia’s international relations, not just its defence or security, opening up the application of the bill to, for example, human rights activists. There’s a broader theme of overreach in the bill, given that earlier in the day, Labor’s Anthony Byrne had teased out how a journalist working undercover, or trying to protect a source, might not be able to take advantage of one of the intended defences against the crime of being in a designated zone, that of public interest journalism.
Meanwhile, the controversy around the new provisions for “special intelligence operations”, contained in the now-passed first set of reforms, continues to rumble on, with mainstream media figures belatedly finding their voices on the possibility that journalists revealing information about SIOs, even unintentionally, could be jailed for a decade. This week, even security agency stenographers like Cameron Stewart and Greg Sheridan at The Australian have expressed concerns, contradicting their own editors’ relaxed and comfortable stance on censorship and the chilling effects identified by critics of the legislation. Sheridan had to have a crack at the ABC along the way (with his article in the dead-tree edition right above a piece from Senator David Leyonhjelm criticising Media Watch for not exploring the issue earlier), and Sheridan even suggested the whole thing was the fault of the “Left” for opposing the government’s Racial Discrimination Act, but on the basis that free speech advocates don’t have the luxury of picking their allies, it’s good to see Sheridan attacking a seriously flawed piece of law.
“Much of the impact of WikiLeaks and the work of Glenn Greenwald and others is exactly because they offer journalism that many outlets no longer provide — journalism that is appropriately sceptical of what governments and security agencies claim …”
But one of Sheridan’s arguments goes part way to giving the game away about why some mainstream journalists are suddenly concerned about SIOs and the possibility of jail. Sheridan contrasts what he calls “normal, responsible national security journalism”, of which Sheridan claims to be a practitioner, with “gonzo journalism”. Poor Greg’s “gonzo” terminology appears stranded in the 1970s, and wouldn’t have even been accurate then, but presumably he’s harking back to the distinction made time and again by mainstream media critics of first WikiLeaks, and then Glenn Greenwald and other journalists who broke the Edward Snowden revelations, the distinction between real, responsible mainstream journalists and online “publishers” (granting them the status of “journalists” was a step too far for many, and may have made prosecution difficult) who were by their very nature irresponsible, placed people’s lives in danger and damaging national security with their — to use the charge levelled at Chelsea Manning — “wanton publication” of leaked material.
This distinction relied heavily on allegations that WikiLeaks’ publication of Manning’s diplomatic cables and other material placed lives in danger, a contention eventually acknowledged to be incorrect by the US government, and unevidenced claims that Snowden’s revelations of mass surveillance on Americans somehow alerted actual terrorists that they might be under surveillance. It overlooked that both WikiLeaks and its mainstream media publishing partners, the journalists and outlets publishing Snowden’s revelations (including such radical outlets as The Washington Post), gave governments the opportunity to make the case as to what material should be redacted before publication.
But it also overlooks — quite deliberately — that much of what Sheridan terms “normal, responsible national security journalism” is simply stenography for the security state, unthinking reportage of what security agencies insist to be true by “journalists” unwilling to seriously challenge the institutions and sources that feed them material for fear of losing their privileged access. Much of the impact of WikiLeaks and the work of Glenn Greenwald and others is exactly because they offer journalism that many outlets no longer provide — journalism that is appropriately sceptical of what governments and security agencies claims, journalism that is willing to identify the lies, inconsistencies and self-interest of agencies with vast budgets and enormous powers. That is exactly what mainstream media stenographers won’t do. And they see the SIO provisions as reflexive government response not to their own “journalism” but to that of outlets like WikiLeaks: in their view, they might be collateral damage, an innocent bystander in the government’s wholly justified war on Julian Assange and Glenn Greenwald and Chelsea Manning and Edward Snowden.
Quote: “a journalist working undercover, or trying to protect a source, might not be able to take advantage of one of the intended defences against the crime of being in a designated zone, that of public interest journalism.”
One could wonder whether, at some point, under so-called anti-terrorism laws, a journalist could receive a longer gaol sentence for protecting a source than if they murdered them.
Greg Sheridan getting inadvertently jailed for 10 years? That’s some collateral damage I can live with.
Bernard, it is not just the last four names that you mention that the government perceives as a threat. It is the fact that ordinary people, for the first time in history, are not dependent on the msm for information about what is going on in the world. There are a whole raft of generally excellent websites that publish critical analysis of current events, proffering facts and opinions rarely if ever even hinted at in the msm.
Almost all geopolitically significant events of the past five decades have two distinct versions: that of the msm and that of the alternative media. No prizes for picking which of the two sources has consistently proved to be more often correct. The public realise this and that is one of the major reasons readership of msm outlets is sinking faster than Abbott’s credibility. That is what the politicians are afraid of, and that is why they are out to make criminals of all who dare to proffer a different view.
> “much of what Sheridan terms “normal, responsible national security journalism” is simply stenography for the security state.
It’s funny because it’s true.
> What’s behind the sudden furore on jailed journalists?
Tim Wilson’s HRC Free Speech Symposium was a farce. They invited Peter Greste’s brother to speak (as if Tony Abbott could change the law in Egypt… let’s take a rain check on that), but overlooked that right here in Australia we’ve also jailed journalists for doing their job too!
Where were formerly-jailed journalists Tony Barrass and Joe Budd? No sign eof Allan Kessing, Mick Skrijel, Albert Langer or Shane Dowling either, and not one of the Gunns 20 either.
Not a single Aussie journo or editor spoke.
Instead it was mostly lawyers – the same mob who make a bundle out of defamation, including one defamation lawyer pushing for companies to get back their right to sue a la Gunns 20. He generously offered to reduce their damages, but look where the money goes in defamation suits.
In Obeid v Fairfax, Obeid won $162K in damages. His lawyers got over $800K.
In Thiess v Channel 9, Thiess got $55,050 in damages. The lawyers got over $3M.
With Gunns 20, Gunns got $205K in damages from one activist, but lost and so didn’t get a cent from the other nineteen. Yet lawyers on both sides got over $5.1M in legal fees.
I did raise this with Tim Wilson. As usual, crickets chirping.
Jail is a pretty big distinctive against reporting natsec, just as a defamation is a big disincentive against reporting corruption. Recently a veteran journo told me: “You need to take into account is that the problem with defamation laws is self censorship due to threats. People are terrified of losing their houses etc and so they buckle. … You can’t easily reform for that – [because of] money and the legal system.”
10 years jail. Losing the family home. Why risk it? By comparison any journalist who puckers up and kisses ant political ass waggled in front of their face will have a long and comfortable career.
Google “debunking dreyfus” for more.
Sheridan’s edict?
In a Murdochracy (such as ours) I thought “normal, responsible national security journalism” meant towing the conservative line during the tenure of a Limited News Party government – self-censoring embarrassment as needed, and where embarrassing news does get out from somewhere else, mitigating the fall-out, or attacking the source?
Whereas during the tenure of a “nation wrecking Socialist cabal of incompetent accident prone idiots – such as your typical Labor government” then it’s a free-for-all, anything goes, to get the plebs to vote the Right way this time?