Category Archives: terrorism

Reporting Islam in the spotlight at #AEJMC16

By MARK PEARSON

My sabbatical semester travels now have me in Minneapolis for the annual convention of the Association for Education in Journalism and Mass Communication – #AEJMC16.

Visiting the Hindu temple in Minneapolis with the Religion and Media interest group from AEJMC with my Mindful Journalism co-author Shelton Gunaratne (front row, second from left).

Visiting the Hindu temple in Minneapolis with the Religion and Media interest group from AEJMC with my Mindful Journalism co-author Shelton Gunaratne (front row, second from left). [Photo: Julie Pearson]

I’m presenting a paper titled “Perspectives of journalists, educators, trainers and experts on news media reporting of Islam and Muslim communities in Australia and New Zealand”, showcasing research from our @ReportingIslam project, written with colleagues Jacqui Ewart (@jacquiewart) and Guy Healy.

Our paper uses data from an Australian study to ascertain issues associated with news media coverage of Islam and Muslims from the perspectives of journalists, journalism educators and media trainers. We draw on data from interviews with 37 journalists, editors, educators, media trainers, Muslim community leaders and other experts located in Australia and New Zealand to explore their understandings of the ways stories about Islam and Muslims are reported and why.

We’re looking forward to the feedback from colleagues after two interesting sessions on similar topics yesterday.

On Wednesday we visited Muslim, Hindu and Christian places of worship in Minnesota with the Media and Religion interest group from the conference (pictured left).

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Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2016

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Filed under blogging, Buddhism, citizen journalism, Eightfold Path, free expression, Islam, journalism, journalism education, media ethics, mental health, mindful journalism, social media, terrorism

Gearing up for a stimulating and mindful #wjec16

By MARK PEARSON

Many of the leading lights in journalism education internationally gather in Auckland next week for the fourth World Journalism Education Congress at AUT Auckland.

WJECWebsiteScreenshotFor me, it will be a busy start to a sabbatical semester and I am looking forward to chairing a session, being respondent for another, a panellist in a 21st century ethics discussion, and presenting two conference papers with @ReportingIslam project colleague Jacqui Ewart (@jacquiewart).

Interested? Here are the session descriptions and abstracts. See the full program here.

WJEC preconference of the Journalism Education and Research Association of Australia (JERAA), AUT Pacific Media Centre (PMC) and Media Educators Pacific (MEP), Wednesday, 13 July 2016, 4-5.30pm

A Research-driven Approach to Developing a Best Practice Checklist for Journalists Reporting upon Islam and Muslims

Prof Mark Pearson and Prof Jacqui Ewart (Griffith University, Australia)

This paper explains the processes undertaken to research, develop and trial a checklist for journalists or journalism students for the ethical and mindful reporting of stories involving Islam as a religion or Muslim people. The presenters outline an innovative approach to such a task where the international literature in the field and follow-up research informed the creation of an extended checklist which was then refined according to the perceived needs and priorities of the journalists and students who were presented with it.

This paper presents the methodology and results of the study implementing exactly that approach, which might inform future approaches to the development of such guidelines across a broad range of reporting topics. The study formed part of a major Australian Government funded project involving the creation of research-based resources on the mindful reporting of Islam and Muslim people.

Academic research papers stemming from international studies on reporting Islam and journalism ethics were searched. We also undertook 29 interviews with journalists, journalism educators, journalism students and academics with expertise in the media and Islam in Australia and New Zealand. Topics covered included best and poor practice and curricular and pedagogical approaches to educating journalists for more mindful reporting. We analysed this data – previous studies and the interview transcripts – as a crucial part of the development of an extended list of 30 questions journalists and editors might ask themselves when covering a story related to Islam or Muslim people. Journalists, educators and journalism students (n = 123) attending workshops throughout 2015 were presented with the 30 questions and were asked to nominate the 10 they felt were most important (in no particular order), using a variation of “forced choice” testing in survey methodology (Frederick, 2004, pp. 397-398). The responses were then ranked in order of importance into a “Top Ten” checklist and subsequently built into the project’s resources and curricula which were in turn trialled with journalists, journalism educators and students at several sites in four Australian states and in Canberra. This paper explains that the approach has at least three benefits – the pedagogical advantage of the embedded learning happening while the participants perform the ranking; the reassurance for the teaching resource developers that the selected guidelines are considered the most important by the target groups; and the enhanced credibility of the resulting guidelines for those subsequently using them. The paper details the methodological and educational research underpinning the approach and presents the resulting refined checklist.

Frederick, R. (2004). Forced-choice testing. In M. Lewis-Beck, A. Bryman, & T. Liao (Eds.), Encyclopedia of social science research methods. (pp. 397-398). Thousand Oaks, CA: Sage.

WJEC Conference, July 14, 11am-12.30pm

Panel 2: 21st century ethical issues in journalism
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This panel explores the ethics of journalism in an environment where journalistic authority is diminished and new relationships with news publics are being sought. The speakers, drawing on a range of philosophical positions, will explore arguments around journalistic independence, engagement with the public good, transparency and sincerity. In doing so, the panel members will trace some of the major fault lines in contemporary journalism ethics around truth-telling and accountability and assess ways through which journalists can morally justify their work.
Chair: Donald Matheson, Canterbury University (New Zealand)
Panelists:
Mark Pearson, Griffith University (Australia)
Cherian George, Hong Kong Baptist University (Hong Kong)
Linda Steiner, University of Maryland (United States)
Respondent: Stephen Ward, University of British Columbia/University of Wisconsin-Madison (Canada)
WJEC Conference, July 16, 11-12.30pm
Paper session: 21st Century Ethical Issues in Journalism 3
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Eliciting Best Practice in Reporting Islam: Case studies from Australia

Mark Pearson and Jacqui Ewart, Griffith University

Much is known about the poor practices adopted by some news media outlets in their coverage of Islam and Muslims, but relatively little research has been conducted into what might constitute best practice in this important area of reportage (Pintak & Franklin, 2013; Rupar, 2012). In this presentation we discuss two case studies from Australia, involving a range of approaches to reporting stories involving Islam and Muslims. These case studies were part of the first stage of a projected three-stage project aimed at developing best practice resources to encourage the more mindful reporting of Islam and Muslims. The first case study includes a set of examples of news media reporting of proposed and existing mosques and prayer rooms. We chose this particular case study because the international literature revealed that mosque proposals and construction projects frequently became the focus of negative news media coverage (DeHansas and Pieri 2011; Dunn, 2001; Alleivi, 2009). Key journalistic lessons to emerge from the examination of the articles about coverage of planned, proposed or existing mosques included the need to: pay attention to the type of language used in news reports; focus on using non-inflammatory language; ensure a range of voices are heard in reports; avoid giving attention to extreme points of view held by a minority; ensure images are in context; verify the veracity of protestors’ claims; assess the proportion of protesting residents in the particular community; embed ongoing coverage of issues affecting Muslim communities into the news schedule; and consider the broader social and current affairs context when covering stories about Islam and Muslims.

The second case study focuses on two approaches to national media coverage of radicalisation and association of Muslim people with violence and terrorism because the international body of research highlights the tendency of news media to make connections between, or conflate, these issues (Altheide, 2007; Murphy et al, 2015; Pintak and Franklin, 2013; Rupar, 2012).

There were some similarities and some differences between the approaches of the two national media outlets (newspaper and public television) to essentially the same topic of radicalisation of Australian Muslim men at approximately the same point of history. Both used a range of sources including some experts, mainstream Muslims and radicalised militants and/or their friends or associates; demonstrated a lack of detail on the sponsorship of their key expert sources; and simplified and sensationalised the issue in key aspects. Differences included: a generalised headline damaging the credibility of the newspaper’s overall coverage and the television program’s use of a moment of conflict in its promo; the newspaper’s use of a single expert source and the television program’s use of several; the newspaper’s profile of a single Muslim suburban woman for its ‘typical’ or ‘mainstream’ Muslim perspective as opposed to the television program’s inclusion of a range of diverse Muslim voices from different ethnic groups and locations; and the newspaper’s delay in offering Muslim community leaders’ perspectives until its follow-up coverage the next day as distinct from the television program including several such voices.

Using the international literature about best practice in reporting Islam and Muslims and the findings from our analysis of the case studies, we draw upon the research, our case studies and selected data from a series of interviews with experts to present a schema of 30 best practice questions journalists might reflect upon when reporting Islam and Muslims.

References

Allievi, S. (2009). ‘Conflicts Over Mosques in Europe: Policy Issues and Trends–NEF Initiative on Religion and Democracy in Europe’, Network of European Foundations.

Altheide, D.L. (2007). The Mass Media and Terrorism, Discourse and Communication, 1(3): 287-308.

De Hanas, D.N., and Pieri, Z.P. (2011). Olympic Proportions: The Expanding Scalar Politics of the London ‘Olympics Mega-Mosque’, Sociology 45(5): 798-814.

Dunn, K. M. (2001), Representations of Islam in the politics of mosque development in Sydney. Tijdschrift voor economische en sociale geografie, 92: 291–308.

Murphy, K., Cherney, A., and Barkworth, J., (2015), forthcoming). Avoiding Community Backlash in the fight against terrorism: Research Report.

Pintak, Lawrence and Franklin, Stephen (eds) (2013). Islam for Journalists; A Primer on Covering Muslim Communities in America. [Digital newsbook]. US Social Science Research Council; Edward R Murrow College of Communication, Washington State University. Available: https://www.rjionline.org/downloads/islam-for-journalists

Rupar, V. (2012). Getting the facts right: Reporting ethnicity and religion. A study of media coverage of ethnicity and religion in Denmark, France, Germany, Greece, Hungary, Italy, Lithuania, Slovakia and the United Kingdom.[Project Report]. Brussels: International Federation of Journalists. Available: http://ethicaljournalisminitiative.org/en/contents/eji-study-2012

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RELATED:

More on the Reporting Islam Project:

Griffith University Red Couch interview: Spotlight on Reporting Islam

ALSO RELATED:

Related to my ethics panel presentation, our recent book Mindful Journalism and News Ethics in the Digital Era: A Buddhist Approach (Shelton Gunaratne, Mark Pearson and Sugath Senarath eds; Routledge, NY, 2015)  explored the possibilities of applying mindfulness techniques to journalism practice.

Interested? You can listen to my 10 minute interview on Radio National’s Media Report here.

Screen Shot 2015-09-04 at 9.46.24 am

See also my account of the basic principles of mindful journalism in the journal Ethical Space: The International Journal of Communication Ethics, and the editors have been kind enough to make that article available for free viewing as a feature item on their website here. You might also want to explore some of their other fascinating articles on media ethics here and perhaps subscribe.

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Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

© Mark Pearson 2016

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Filed under blogging, Buddhism, citizen journalism, Eightfold Path, free expression, Islam, journalism, journalism education, media ethics, mental health, mindful journalism, social media, terrorism

Queensland judicial committee recommends some filming of proceedings and a new court information officer

By MARK PEARSON

A Supreme Court of Queensland committee has recommended a pilot program for the broadcasting of some sentencing remarks and appeal hearings and the appointment of a court information officer.

QldElectronicPubsReportApril2016The Electronic Publication of Court Proceedings: Report – April 2016 was released this month, the result of eight months of deliberations by five Supreme Court justices (chaired by Justice Margaret McMurdo, President of the Court of Appeal), with input from a further two District Court judges.

The report followed the release of an Issues Paper on the topic in June 2015 and the consideration of public submissions, including one from yours truly, which I detailed in an earlier blog.

The latest report reviews practices in other Australian jurisdictions and internationally. It stems from media requests to film the sentencing remarks in the trial of Brett Peter Cowan for the murder of school boy Daniel Morcombe.

No standard procedures existed in Queensland to film sentencing remarks and the court was rare among Australian jurisdictions in that it had no designated information officer to assist in making arrangements. The delay deemed necessary to make suitable arrangements was one of the reasons that the application to film the judge’s sentencing remarks was refused.

As a result of the report’s findings, the courts will develop a pilot program for broadcasting of sentencing remarks and appeal hearings.

The committee noted  that most respondents were concerned about the risk that recording and broadcasting witnesses and others in court would compromise the administration of justice.

As with similar reviews in other countries, the report does not favour broadcasting of witnesses’ evidence. However, the option will remain open for the judge in a particular case to allow the evidence of witnesses to be broadcast, with special consideration given to the position of victims and vulnerable witnesses.

The pilot program will require the development of suitable Practice Directions, logistical arrangements and guidelines to assist the judges and the media. Guidelines will address matters such as the exclusion of certain categories of cases and the location and field of view of cameras.

The decision on whether to allow the recording of sentencing remarks will remain the decision of the presiding judge in each case.

The report also recommends additional ways to better inform and educate the public, including:

  • improved public and media access to court decisions, case summaries and documents to allow fair and accurate reporting; and
  • the appointment of a Court Information Officer to assist the Supreme Court and the District Court in better informing and educating the public about the courts and the justice system.

When appointed, the officer will be responsible for the development of guidelines for the recording and publication of court proceedings, paving the way for the pilot program to start.

My own submission called for the installation of webcams in all courtrooms to allow as much public access to court proceedings as possible so that citizens could ‘virtually’ visit a courtroom just as easily as they might attend physically.

It suggested that, just as all citizens might wander randomly into a public court in session in the Supreme Court building, citizens should be able to tune in online to those same proceedings from the comfort and convenience of a remote location.

My own view is that recording more generally in society has become ubiquitous and that its potential to impact on judges and potential witnesses would be minimal given a. the extent to which people realise their words and behaviour are now being recorded in all walks of life; and b. the fact that wholesale livestreaming of all courts would be accommodated as a basic procedure – just an accepted facet of what is done there.

My submission featured these six hallmarks:

  1. Install inexpensive webcams in all courtrooms showing only the judge in the frame.
  2. Livestream all courtrooms using this single camera angle to a designated court website where citizens can access any courtroom at any time.
  3. Feature the kind of alert light found in radio studios positioned prominently inside and outside the courtroom to light with the sign “Court open and broadcasting”.
  4. Install a similar light and sign at the bench so the judge can control whether the recording is on or off (ie, whether the court is open or closed) and personnel are advised accordingly.
  5. Deal with mainstream media requests for special permission to film proceedings on a case by case basis, with the presiding judge determining the conditions attached to any permissions.
  6. Restrictions: As detailed above, my own view is that there are measures available to the courts to address any misreporting or sensationalised reporting based on the livestreamed material. However, if the court were concerned at the potential for the selective recording and rebroadcasting of any of the material it could feature an on-screen warning “© Supreme Court of Queensland: Not to be recorded or rebroadcast without the permission of the presiding judge”.

In short, this simple and relatively inexpensive solution would dispense with the need for editing because the livestreaming control would rest simply with the judge’s decision on whether to close or open the court for the complete trial (or for a given segment).

It would allow a mechanism for justice to be truly ‘open’ – both in the physical courtroom and in the virtual one – with all the ensuing public benefits of education and allowing justice to be seen to be done.

The committee gave my suggestion due consideration but rejected it on the basis of expense and for tipping the scales too far in favour of open justice over a fair trial and the due administration of justice. The report stated:

“Professor Pearson and others have advocated the introduction of a system whereby proceedings which are held in open court are recorded on webcams that are installed in all courtrooms and live-streamed. A variation on this is for the court to have its own dedicated internet channel for live-streaming.

It may be argued that, with new and relatively inexpensive technology to record and live-stream proceedings, all proceedings should be live-streamed. This simply would enable members of the public to view what would be seen by them if they exercised their right to attend a proceeding in open court. It may be relatively inexpensive to install webcams in most courtrooms showing the judge and to live-stream the images from this single camera angle to a designated court website which citizens can access. However, such a system would not regulate what was to be broadcast. Guidelines and procedures, and judges and court staff in individual cases, would need to address the evidence of witnesses, including vulnerable witnesses, which may be affected by the knowledge that what they say is being broadcast to the world. Any new system would need to control the transmission of certain evidence to the general public, including the identity of victims and children whose identification is subject to statutory prohibitions. It also would need to control the broadcasting of the horrendous details of certain crimes. Monitoring the recording and transmission of evidence under a system which live-streamed all proceedings in all courtrooms would entail a very substantial cost to the community.

Many cases in the superior courts are of no real interest to the general public. Few members of the general public attend them, the media do not report them and it seems unlikely that more than a few members of the general public would wish to view them if they were live-streamed. The resources required to establish a system to record and live-stream all proceedings and to apply appropriate restrictions on what is communicated to the general public cannot be justified in the light of anticipated demand.”

© Mark Pearson 2016

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Stay Out Of Jail 101: Phone a spy before breaking a national security scoop

By MARK PEARSON

You have information that police and intelligence agencies are about to launch Australia’s biggest counter-terror operation. Or perhaps they already have.

ASIO headquarters, Canberra. Photo: Maps

ASIO headquarters, Canberra. Photo: Maps

The story could be the biggest scoop of your journalistic career.

Your news instinct might be to rush to publication or broadcast without giving government agencies the chance to shut your story down and without risking the news being leaked to your competitors.

But if your story meets the definition of a “special intelligence operation” under the Australian Security Intelligence Organisation (ASIO) Act 1979 then you could face up to five years in jail for ‘unauthorised’ disclosure of information, and up to 10 years if the disclosure ‘endangers the health or safety’ of anyone or will ‘prejudice the effective conduct of a special intelligence operation’.

Amendments partially exempting ‘outsiders’ (journalists) were proposed in 2016, but grave concerns remained over the impacts on journalists for ‘reckless’ disclosure that might endanger safety and jeopardise an operation and the implications for their sources.

So what might be “reckless” disclosure?

For that, we look to Section 5.4 of the Commonwealth Criminal Code, which reads:

5.4   Recklessness

(2)  A person is reckless with respect to a result if:

(a)  he or she is aware of a substantial risk that the result will occur; and

(b)  having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

When it comes to reckless disclosure, the Australian Law Reform Commission has stated:

“If the offence was framed to cover reckless disclosure, the prosecution would be required to prove that the accused was aware of a substantial risk that disclosure would occur as the result of the accused’s conduct and, having regard to the circumstances known to him or her, it was unjustifiable to take the risk.”

So, whether you view it under the existing Section 35P, or under the proposed reforms the Turnbull Government has agreed to enact, there is a strong argument that the only way to ensure you will not be charged with reckless disclosure is to first phone ASIO.

And that’s exactly the advice I was given when I phoned the ASIO media section and asked an (obviously) anonymous media liaison officer about the spy agency’s policy in dealing with journalists’ queries about whether the breaking news event they were trying to cover was in fact a “special intelligence operation”.

He said ASIO tried to strike a balance between what was appropriate to report and what was inappropriate.

He explained that soon after s35P had been passed in 2014 there had been a number of inquiries from journalists and that his office was not sure whether they were legitimate concerns about whether operations were SIOs or whether it was just “journalists being smart about the new laws”.

He said ASIO’s normal policy was to decline to comment when a media inquiry related to an individual or an operational matter, and that blanket ban made it hard to confirm or deny whether a particular operation was an SIO.

I later sent these specific questions to the officer at media@asio.gov.au:

  1. What steps should journalists take to ascertain whether their story (e.g., terror arrest, investigation, etc) relates to an SIO (special intelligence operation)?
  2. How do you respond to journalists’ inquiries about SIOs when ASIO’s normal practice is not to comment on matters related to individuals or operations?
  3. How many journalists’ inquiries as to whether an operation is an SIO have you had since the legislation was enacted?
  4. How many such inquiries have you had this year?
  5. What steps do you take to prevent/warn journalists about reporting the details of an SIO?
  6. What steps do you take to prevent/warn journalists about revealing the ID of an ASIO officer?
  7. How many instances of either (journalists giving SIO details or naming an officer) have you dealt with, and how have you handled them?

In a reply email, he referred me to ASIO’s responses to questions posed by the acting Independent National Security Legislation Monitor Roger Gyles QC when he was conducting his inquiry into the legislation, publicly released in February 2016.

That submission confirmed the approach the media officer had outlined, stating:

“Media inquiries received by ASIO are managed in accordance with standard operating procedures. To perform its statutory functions, ASIO must employ a conservative approach to media engagement with respect to operational matters. ASIO does not confirm details relating to individuals, investigations or operations as a matter of course. This includes inquiries in relation to special intelligence operations or other operationally sensitive information.

If journalists contact ASIO Media regarding an operational matter they intend to report on, ASIO advises the relevant line-area within the Organisation before responding to the journalist. When ASIO has concerns about the sensitivities around the subject being reported on, ASIO does not provide a public comment, but may decide to speak with the journalist on a confidential basis to provide context on that sensitivity. In this instance, the journalist may be contacted by the Director-General or a Deputy Director-General to explain how Australia’s national security would be prejudiced if the subject was reported on publicly.

All media inquiries, and responses, are logged and retained for accountability and future reference.”

It continued:

“In practice, if a journalist approached ASIO for comment on information they believed to be operationally sensitive, and which ASIO knew to be related to a special intelligence operation, ASIO would consider speaking with the journalist on a confidential basis to explain the sensitivities of the information. A number of considerations would go to determining whether to inform the journalist of the existence of a special intelligence operation, including whether a person might be harmed should the existence of a special intelligence operation be revealed. If, after receiving a confidential briefing by ASIO, the journalist still intended to publish the information, ASIO would advise the journalist that to do so may breach 35P. It would then be for the journalist to decide whether or not to proceed with publishing the information.”

So there you have it, the national spy agency recommends the Ghostbusters approach to journalists wanting to avoid a decade in jail for reckless disclosure of a special intelligence agency: “Who you gonna call? ASIO.”

And we might never know how many journalists have already been tapped on the shoulder and ‘advised’ not to publish.

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality

© Mark Pearson 2016

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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The main national security laws affecting journalists and sources

By MARK PEARSON

[with research assistance from Virginia Leighton-Jackson]

Among more than 50 national security laws and amendments passed in Australia since 9/11, these four stand out as presenting the greatest threat to journalists …

ASIOActScreenshot

  1. ASIO Act 1979

Section 25A focuses on ASIO powers and access to computer networks, with one warrant now covering an entire computer network using third party computers to access target systems.

Section 34 gives ASIO powers to seek ‘questioning’ warrants and ‘questioning and detention’ warrants (detention for up to seven days) with five years’ jail possible for any revelation of the existence of the warrant itself or of any operation related to the warrant for up to two years after the warrant has expired. There are no public interest or media exemptions to the requirement, although disclosures of operational information by anyone other than the subject of a warrant or their lawyer requires the discloser to have shown ‘recklessness’ (s. 34ZS (3)).

Section 35P provides for up to five years in jail for ‘unauthorised’ disclosure of information related to a ‘special intelligence operation’ – and up to 10 years if the disclosure ‘endangers the health or safety’ of anyone or will ‘prejudice the effective conduct of a special intelligence operation’. Amendments partially exempting ‘outsiders’ (journalists) were proposed in 2016, but grave concerns remained over the impacts on journalists for ‘reckless’ disclosure that might endanger safety and jeopardise an operation and the implications for their sources.

Section 92 provides for 10 years’ imprisonment for anyone who identifies an ASIO officer or affiliate (or anyone connected with them) other than any who have been identified in Parliament (such as the director-general). Former ASIO employees and affiliates can be identified if they have consented in writing or have generally made that fact be known.

  1. Crimes Act 1914 (Cth)

Section 3ZQT makes it an offence to disclose the fact that someone has been given notice by the Australian Federal Police (AFP) to produce documents related to a serious terrorism offence. Journalists could face up to two years in prison for doing so.

  1. Telecommunications (Interception and Access) Act 1979

After amendments in 2015, the Act requires telecommunications providers to retain customers’ phone and computer metadata for two years so they can be accessed by criminal law enforcement agencies (State and Commonwealth) on the issue of a warrant. Information required to be stored includes: subscriber/ account information, the source and destination of a communication, the date, time and duration of a communication or connection to a service. A ‘journalist information warrant’ scheme was designed to prohibit the disclosure of journalists’ confidential sources without special precautions. These require approval of the Minister, who may act on the advice of a ‘public interest advocate’, though the processes are secret and disclosure of the details of any warrant for telecommunications data can incur imprisonment for two years.

  1. National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (‘NSI’)

National security has long been cited as one of the exceptions to the principle of open justice, but new laws give judges and magistrates more reason to close a court in a terrorism trial. The NSI Act allows for evidence to be suppressed in court hearings if it contains disclosures prejudicial to national security. Part 3 of the Act allows prosecutors and courts to use national security information in criminal proceedings while preventing the broader disclosure of such information, sometimes even to the defendant. Section 29 gives courts the power to decide whether to close the court for such matters.

Other laws to consider when covering a national security story:

Discrimination and vilification laws

Laws apply at state, territory and Commonwealth levels prohibiting racial and religious discrimination and the vilification of people because of their race, religion, or other factors. They vary in their scope and application, with debate over whether the law against offensive behaviour because of race, colour or national or ethnic origin in Section 18C the Racial Discrimination Act (Clth) would apply to discriminatory media coverage of Muslims. All media codes of practice and ethical codes counsel against discriminatory or vilifying coverage. Social media comment moderation presents special challenges.

Defamation

If you are about to publish something damaging to someone’s reputation, ensure you work carefully within one of the main defences – truth (evidence to prove both the facts and their defamatory meaning), honest opinion / fair comment (based on true provable facts on a matter of legitimate public interest), or fair report (a fair and accurate report of a court case, parliament or another protected public occasion or document).

Contempt of court

The sub judice period (limiting prejudicial coverage about a suspect) starts from the moment someone has been arrested or charged. From that instant you should take legal advice before publishing anything other than what has been stated in open court, with special care to avoid any material giving an assumption of guilt (or even innocence), visual identification of the accused if their identification might be at issue, witness accounts, character background, confessions or prior charges or convictions. You can also face contempt charges over refusing to reveal a source or provide your data or notes when ordered to do so, thus techniques for source protection are paramount.

Suppression orders

Courts have special powers to issue suppression orders in national security cases. These might prohibit identification of certain people, restrict coverage of certain parts of a hearing, or even ban coverage of the total proceedings. Reporters and bloggers have been fined and jailed for breaching such suppression orders.

Sources:

Australian Human Rights Commission 2008, A Human Rights Guide to Australia’s Counter-Terrorism Laws, AHRC, Sydney, <www.humanrights.gov.au/human-rights-guide-australias-counter-terrorism-laws>.

Evershed, N., Safi, M., 19.10.2015, “All of Australia’s National Security Changes since 9/11 in a Timeline”, The Guardian Australia, available: http://www.theguardian.com/australia-news/ng-interactive/2015/oct/19/all-of-australias-national-security-changes-since-911-in-a-timeline

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality

© Mark Pearson 2016

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Journalist Peter Greste explains why it is important to cover Islam ethically

By MARK PEARSON

Australian journalist Peter Greste – released last year after 400 days in an Egyptian jail – has outlined why it is so important for journalists to be fair and accurate in their coverage of Islam and Muslim communities.

I interviewed Greste for our Reporting Islam project on the eve of him receiving an Honorary Doctorate from Griffith University for his service to journalism and delivering the annual Griffith Lecture at the Queensland Conservatorium in Brisbane last December.

Greste started reporting on the Islamic world in 1995 as Kabul correspondent for the BBC.

“I think it is absolutely vital that journalists anywhere understand as much as they can about Muslims and the Islamic world largely because when we talk about that world we speak about it as if it is in the singular when in fact it isn’t,” Greste said.

“It’s an incredibly complex, multifaceted group of individuals, of sects, of smaller schools of thought.

“The greatest danger is that we conflate everything into one.

“We’ve got to be very careful to understand the subtleties and nuances of the Islamic world and make sure we avoid that same mistake.”

The interview will appear as part of a set of research-based resources colleague Associate Professor Jacqui Ewart and I are developing with our team as part of our Commonwealth-funded Reporting Islam project.

The project is national in its ambit, funded under a competitive grants scheme, facilitated by the Attorney General’s Department and managed by the Queensland Police Service who have contracted us to undertake the work as independent researchers.
Stage 1 of the project was conducted over the 2014-2015 financial year involving a review of the literature on news media coverage of Islam and Muslim people, case studies of media reportage across media types at national and community levels, interviews with experts in the field, distillation of international studies to develop a schema for assessing reportage against world best practice in the area, and a compilation of a report on these findings with recommendations for the development of a suite of resources and training programs.

We are now in Stage 2 of the project (2015-2016) which requires the development and trial of a suite of research-based training and education resources for Australian media practitioners and students to encourage more mindful reporting of Muslims and the Islamic faith.

Credits:

Camera: Ashil Ranpara, Griffith University School of Humanities, Languages and Social Science

Production: Henry Cook, Griffith Learning Futures

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality; and on journlaw.com from November 13, 2014 titled: International studies point to best practice for reporting Islam and stories involving Muslims.

© Mark Pearson 2016

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Freed journalist Peter Greste gets honorary doctorate then calls for free speech in the age of terror

By MARK PEARSON

The Australian journalist jailed for 400 days in Egypt called for greater freedom for the media during the war on terror after being awarded an honorary doctorate by Griffith University tonight (December 4).

Journalist Peter Greste receives his honorary doctorate at Griffith University

Journalist Peter Greste receives his honorary doctorate at Griffith University

Greste received an Honorary Doctorate from Griffith University for his service to journalism before delivering the annual Griffith Lecture at the Queensland Conservatorium in South Bank Brisbane.

His arrest with Al Jazeera colleagues, Mohamed Fahmy and Baher Mohamed, by Egyptian authorities on false terrorism charges, triggered international demands for their release from 2013 to 2015.

“If I’d known it was this easy to get a doctorate I would have been arrested years ago,” he joked. “It’s a great honour to receive this award. I take it as a mark of recognition, not just for what we went through but also for what it represents…for those 400 days of prison.’

“We fought hard for our own freedom, but I think it’s important that people also see the bigger picture of due process and freedom of speech.

“I’m being recognised more for the things we came to represent, than anything that I’ve done.”

He argued large parts of the media had given up on their public responsibility to keep the public informed with fair and accurate reporting. The war on terror was a battle of ideas and journalists were active participants.

The media should be properly be part of a functioning democracy in its role as the fourth estate, checking the functioning on the other arms of government.

“In the war of terror we seem to be losing sight of that key idea,” he said. “Governments the world over are using that ‘t’ word to clamp down on those freedoms.”

He gave recent examples from other countries of journalists being arrested on trumped-up terror charges just as he and his two colleagues had been in Egypt.

Australians should not feel smug because of legislation introduced in recent years targeting those disclosing special intelligence operations, the Foreign Fighters Bill and metadata retention laws.

These restricted the reporting on important events, the main story of the era about international terrorism, and seriously damaged the confidentiality of journalists’ sources.

“It makes confidential whistleblowing almost impossible without risking a prison term,” he said.

“Each has an effect on journalists being able to do the job the public demands of us.”

However, he criticised news media organisations and journalists for not being proactive enough in fighting the introduction of such laws.

“We the media have become increasingly slack in challenging and questioning governments,” he said.

He said journalists should not accept the rhetoric of governments engaged in the war on terror. Rather, questioning that misuse of language would be “one of the most patriotic things to do”.

“Panicked and hyped up language” played into the hands of Islamic State, he said.

“We the media have a responsibility to uphold our end of the bargain as well.”

He said the #FreeAJStaff hashtag calling for the release of him and his colleagues attracted billions of supporters and indicated a high level of public belief that journalism was fundamental to democracy.

During his 400-day detention in an Egyptian prison he studied international relations with Griffith University.

Greste turned 50 this week. He grew up in Brisbane and has reported on political events all over the world. As a correspondent, between 1991 and 1995, he reported from many locations including London, Bosnia and South Africa where he worked with Reuters, CNN, WTN and the BBC.

Following the September 11, 2001 attacks, he returned to Afghanistan to cover the war there. In 2011, he received a prestigious Peabody Award for his BBC documentary Somalia: Land of Anarchy. In December 2013, his employer Al Jazeera sent him from his base in Nairobi to Cairo to cover the bureau for three weeks. It was then he was arrested. 

In June 2014, after more than six months in Cairo’s infamous Tora Prison, a court found Greste and his colleagues guilty and sentenced them to seven years imprisonment.

Peter Greste with his Griffith lecturers Dr Dan Halvorson and Professor Andrew O'Neill.

Peter Greste with his Griffith lecturers Dr Dan Halvorson and Professor Andrew O’Neill. Photo: Michael Cranfield

He said presenting the Griffith Lecture on December 4 was a way of validating what he and his colleagues went through retrospectively. “It’s a way of applying meaning to what we went through. Those 400 days weren’t wasted.

“I learned a lot about myself in prison but that time has also given me the credibility to talk about those issues around press freedom. I feel a responsibility to talk about these issues, partly because so many of my friends, so many journalists, fought so hard for me, that’s why people backed us.”

While his colleagues Mohamed Fahmy and Baher Mohamed were pardoned by the Egyptian president Abdel Fattah el-Sisi in September, Mr Greste still carries a criminal conviction and an outstanding prison sentence which his legal team is fighting.

Related: See my piece from June 22 2015 in The Conversation : How surveillance is wrecking journalist-source confidentiality

© Mark Pearson 2015

Disclaimer: While I write about media law and ethics, nothing here should be construed as legal advice. I am an academic, not a lawyer. My only advice is that you consult a lawyer before taking any legal risks.

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Filed under national security, terrorism