Tag Archives: ABC

Investigative reporter and foreign correspondent Jess Hill (@jessradio) talks media law and censorship

By MARK PEARSON

We were honoured to have investigative reporter and former Middle East correspondent Jess Hill (@jessradio) visit Griffith University to talk about foreign correspondence and the use of social media in journalism.

She was obliging enough to agree to this studio interview with me on media law, censorship and freedom of the press.

Thanks to Bevan Bache and Ashil Ranpara for their camera work, production and technical support.

[Recorded 2.4.14, 11:13 mins].

© 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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Accuracy, independence and impartiality – Kellie Riordan #jeraa2014 live blog

LIVE BLOG

By MARK PEARSON

Australian Broadcasting Corporation’s Kellie Riordan reported to the Journalism Education and Research Association of Australia’s conference in Sydney on her recent report on how legacy media and digital natives approach ethical standards in the digital age.

ABC's Kellie Riordan addressing the JERAA conference on her research into digital and legacy media ethics

ABC’s Kellie Riordan addressing the JERAA conference on her research into digital and legacy media ethics

She recently served as a fellow at the Oxford Reuters Institute for the Study of Journalism where she looked at three traditional and three new media providers and their ethical standards and approaches.

Riordan noted a shift in the notion of accuracy.

“Now we are equally looking to journalists to tell us what is not true, and the best example is the BBC’s User Generated Content Hub,” she said.

It was set up to debunk myths, and originated with the myth that there was a power surge in the London Underground when in fact the London bombings had occurred.

She also identified corrections were now being issued that were much more open and honest and developed brand trust. These were done particularly well by digital media.

“Traditionally newsrooms have been closed organisations and we haven’t let the public in on how we came to decisions,” she said.

She showed an example from the digital outlet Grantland which gave an extensive debriefing on how they came to an editorial decision when they got something wrong.

Riordan profiled The Quartz qz.com site which does not subscribe to impartiality as a standard but boast about their transparency and honesty with their audience.

On the issue of independence, she gave several examples of advertorials in some outlets that were not necessarily flagged as paid content on search engines.

She cited Buzzfeed’s Ben Smith arguing that audiences were already quite literate about different types of sponsored content on the Internet, whereas others felt the journalism brand required the disclosure of advertising.

She found a range of views across new media on the issue of impartiality and that Quartz advocated an ‘evidence driven, facts based’ style of journalism.

User generated content, interaction with audiences and more extensive use of hyperlinks for attribution were important developments to improve accountability and transparency, she said.

Riordan concluded by calling for greater transparency, more open forms of journalism, and ‘a voice that is of the web driven by reporters rather than news brands’.

She suggested digital tools like hyperlinks, context for corrections, more voices and transparency would add to accountability.

© Mark Pearson 2014

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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Media freedom concerns over federal demands for ABC interview tapes

By MARK PEARSON

[Research assistance kindly provided by media freedom intern Mardi Reason]

JUST as the Australian Government proposes tougher national security powers for its agencies and penalties for whistleblowing we have learned this week that the Australian Federal Police has asked the ABC for unedited current affairs interview footage in its pursuit of a former spy and a lawyer.

Screen Shot 2014-09-04 at 7.57.38 PM

Senator Nick Xenophon’s questions of Attorney-General George Brandis about AFP investigation.

Attorney-General George Brandis confirmed in the Senate on Monday (see inset) that Australian Federal Police started an investigation into the sources of leaks of classified information after it was revealed Australia spied on East Timor during sensitive oil and gas treaty negotiations.

The targets of the investigation are reported to be lawyer Bernard Collaery (a former ACT Attorney-General now in London about to represent East Timor in The Hague) and a former Australian Secret Intelligence Service (ASIS) agent who was allegedly the whistleblower.

The Australian Security Intelligence Organisation (ASIO) raided Collaery’s Canberra office last December and seized documents.

Tom Allard reported in the Sydney Morning Herald on Monday that the latest investigation had prompted requests from the AFP for the raw footage of Mr Collaery’s interviews with programs including 7.30, Lateline and Four Corners.

A report by Conor Duffy on 7.30 last December also featured actors’ voices reading an affidavit from the former ASIS agent which the Herald has speculated could be important evidence the AFP needs for its investigation into the identity of the whistleblower.

However, in the Hansard record of Senator Brandis’ comments on Monday (inset), the Attorney-General claims there are some inaccuracies in the Herald report. In particular, he claims it is inaccurate that he ordered the AFP investigation. Rather, it was ASIO-driven, he told the Senate.

As reported earlier at journlaw.com, the Australian government introduced the National Security Legislation Amendment Bill (No. 1) 2014 on July 14 which would extend security agencies’ powers to search and use surveillance devices in the new communication environment, introduce a new ‘multiple warrants’ regime, offer immunity to intelligence personnel who break all but the most serious laws, while increasing penalties for whistleblowing and criminalising the reporting of leaked intelligence-related information.

Importantly, it would introduce a new offence carrying a five year jail term for anyone disclosing information relating to special intelligence operations.

This latest episode demonstrates how easily journalists and media organisations can get caught up in such investigations. It threatens to expose them to contempt penalties if they refuse to co-operate and will inevitably make sources reluctant to talk to reporters covering the important round of national security, particularly as it coincides with a push for even greater surveillance powers for federal agencies.

Sources:

Allard, T. 2014, ‘Government wants East Timor spy charged’, The Sydney Morning Herald, 31 August 2014, http://www.smh.com.au/federal-politics/political-news/government-wants-east-timor-spy-charged-20140831-10aoad.html

Safi, M. 2014 , ‘Timor-Leste spy case: Brandis denies referring lawyer to police’, The Guardian, 1 September 2014 http://www.theguardian.com/world/2014/sep/01/timor-leste-spy-case-brandis-denies-referring-lawyer-to-police

Fernandes, C. 2014, ‘Our land is girt by oil-rich sea … that we steal from East Timor’, Crikey, 2 September 2014 http://www.crikey.com.au/2014/09/02/our-land-is-girt-by-oil-rich-sea-that-we-steal-from-east-timor/

Commonwealth of Australia, 2014, September 1 (14:32). Hansard. Parliamentary Debates – Senate. Questions Without Notice – East Timor. (Senators Xenophon and Brandis). http://parlinfo.aph.gov.au/parlInfo/genpdf/chamber/hansards/49cdeae9-b762-449e-9e05-7239b8940f5f/0044/hansard_frag.pdf;fileType=application%2Fpdf

© Mark Pearson 2014

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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Threats to media freedom in Australia so far in 2014

This semester I have had the privilege of working with two capable press freedom interns who have been helping me research my reports to Reporters Without Borders in Paris as their Australian correspondent.

Reporters-Without-BordersHere is a summary of the posts from TONI MACKEY and EVE SOLIMAN:

13/03/2014

ABC’s Two Independent Audits Clear Accusation of Biased Coverage

There were two cases where ABC was accused of having a biased coverage. These cases were the news coverage of the 2013 Election against the Prime Minister Tony Abbott and the news coverage on Australian Asylum Seeker issues. Andrea Wills conducted an audit of 23 items that involved radio coverage of the 2013 election and found the items all followed the ABC’s Editorial Policies found in section 4. Gerald Stone conducted the audit on the asylum seeker issue and analysed 97 reports. He found the 93 were unbiased and followed ABC’s Editorial Policies. Source: http://www.theaustralian.com.au/media/audits-exonerate-abc-over-bias-claims/story-e6frg996-1226852398864

Malcolm Turnbull’s Media Reform

Malcolm Turnbull is proposing media reforms however Labor is opposing them because they are worried that it will affect local TV news. These reforms could affect Nine Entertainment, Seven West Media and the Ten Network in preventing them owning regional affiliates. Turnbull is also considering repealing the laws that prevent anyone from owning two out of three media outlets in the one market. Source: http://www.theguardian.com/world/2014/mar/12/malcolm-turnbull-has-opened-a-can-of-worms-on-media-reform-labor

 18/03/2014

Rinehart’s Court Order to help the introduction of uniform shield laws

Mining magnate Gina Rinehart demanded Adele Ferguson to release her sources, however a court has ruled in Ferguson’s favour with Rinehart’s business having to pay all of her court costs. This case is also being used in support of uniform shield laws for journalists throughout Australia. There have been several previous cases in Australia where journalists have been threatened and charged over not releasing sources. Source: http://www.abc.net.au/news/2014-03-15/rinehart-ordered-to-pay-journalist27s-costs/5323084

Politician warned over releasing media statements regarding the military unless given permission

Defence Chief General David Hurley has warned the newly elected Jacqui Lambie against using the media to criticise the military. This was after she released a statement about abuse being an intractable problem in the forces. He sent her a letter stating that if she had any problems with the military then she should take them up with him and not via the media. Source: http://www.abc.net.au/news/2014-03-14/tasmanian-senator-elect-jacquie-lambie-labels-a-letter-from-the/5320106?section=tas

26/03/2014

Proposed Legislation Changes Freedoms on Hate Speech

Section 18C of the Racial Discrimination Act –  making it illegal to publicly offend, insult, humiliate on the grounds of race – has been slated for removal in a reform. The proposed legislation states : “it is unlawful for a person to do an act, otherwise than in private, if a) the act is reasonably likely (i) to vilify another person or a group of persons; or (ii) to intimidate another person or group of persons.” Section 18D would be repealed and replaced with “ this section does not apply to words, sounds, images, or writing spoken, broadcast, published or otherwise communicated in the course of participating in the public discussion of any political, social, cultural, religious, artistic, academic or scientific matter.” Source: http://www.abc.net.au/news/2014-03-25/racial-discrimination-act-changes-george-brandis/5343464

01/04/2014

Prime Minister Supports Australian Journalist in Egyptian Jail

Prime Minister Tony Abbott has finally intervened and asked the Egyptian President for the release of journalist Peter Greste. The President has assured Tony Abbott that Greste’s case would be subject to a fair and just trial. He has assured Greste’s family that he would receive all the legal support and assistance that is needed. This comes after a previous article reporting the Opposition Labor Party had pushed for the PM to intervene. They have also declared their support and assistance towards this matter. Source: http://www.heraldsun.com.au/news/breaking-news/grestes-family-hail-pms-intervention/story-fni0xqi4-1226867971205?from=herald+sun_rss

02/04/2014

Gag Order involving Gangland Lawyer X by the Victorian Supreme Court placed on Media Outlets

The Herald Sun  in Melbourne has received a gag order from the Victorian Supreme Court. This order is to prevent publication of any information involving Lawyer X which could give away his identity. This order was extended to all media outlets the following day. It is suspected that the lawyer was a police informant from 1996 to 2010. Source: http://www.heraldsun.com.au/news/victoria/herald-sun-silenced-in-latenight-court-case-from-telling-you-more-about-lawyer-x/story-fni0fit3-1226871611414

 

08/04/2014

Dob in a public servant campaign

Public servants have been urged to dob in their colleagues for posting political criticisms on social media. This comes under the Australian Public Service Code of Conduct and breaches of this act include “harsh or extreme in their criticism of the Government, Government policies, a member of parliament from another political party, or their respective policies, that they could raise questions about the employee’s capacity to work professionally, efficiently or impartially.” It covers posts that are made on facebook, twitter, youtube, pinterest, flikr, blogs, forums and wikipedia. Source: http://www.dailytelegraph.com.au/news/nsw/colleagues-told-dob-in-political-web-posts/story-fni0cx12-1226875635588

Seven Network’s reputation damage by the Australian Federal Police

Seven Network suffered damages to its reputation after an Australian Federal Police raid that was looking for evidence of a deal with Schapelle Corby. The network says that even if there was a deal, there was no criminal offence and that because of the raid it has suffered damage to its corporate image from it imply they have committed an offence. They stated that they complied with the instructions to hand over documents to the AFP, however it was implied that there was further material that was being withheld. Source: http://www.theguardian.com/world/2014/apr/07/seven-network-says-it-suffered-reputational-damage-after-afp-raids

09/04/2014

Mamma Mia Faces Possible Contempt of Court

Mamma Mia journalist Kate Leaver’s article included alleged prejudicial remarks on the Hughes case. At this time however the jury was still in session, the article was published with a headline that did not state the subject of Robert Hughes which meant that the jury members could have been exposed to biased information. Coverage on this possible conviction of contempt of court was banned to be reported on until after the trial was over. The article involved accusations against Hughes’ wife. Judge Zahra referred the matter to the NSW Attorney General Source: http://mumbrella.com.au/mamamia-face-possible-contempt-court-charges-robert-hughes-case-219065

15/04/2014

Clive Palmer may back Cross Media Law Changes

Clive Palmer has said that he is considering voting for the repeal of cross media ownership. This is because of the introduction of new media outlets such as internet. Source: http://www.smh.com.au/business/media-and-marketing/clive-palmer-mulls-vote-for-cross-media-law-change-20140407-368xn.html

Journalist Wins First Round in Court Case

Natalie O’Brien has sued ABC’s Media Watch over defamatory remarks critiquing her reporting. She has won the first round of legal battles. This is in regards to her report over poisonous chemicals detected near a children’s playground in July last year. Source: http://www.theaustralian.com.au/media/broadcast/journalist-wins-first-round-in-court-case/story-fna045gd-1226883045684#

13/05/2014

Australian Journalist Deported

An Australian journalist was deported from Myanmar. This was because he was covering a press freedom demonstration. The authorities accused him of breaching the terms of his business visa. They believe that he was taking part in the demonstration. This follows a previous journalist working for the same website Democratic Voice of Burma, being sentenced a year in jail. Source: http://www.abc.net.au/news/2014-05-09/australian-journalist-deported-from-myanmar/5440830

Photographer attacked

The photographer  Sam Mooy was taking photographs of former boyfriend of previous PM Julia Gillard. Bruce Wilson is reported to have just lashed out and struck the photographer’s equipment, grabbed him by the collar and attempted to strike him. Source: http://www.theaustralian.com.au/national-affairs/policy/julia-gillards-exboyfriend-bruce-wilson-attacks-photographer/story-fn59noo3-1226914699235

20/05/2014

A Senate Inquiry found that the AFP bungled the raid on the Seven Network and that sources should be protected.

A government inquiry has found that the AFP raid on Seven network attempting to gather evidence of chequebook journalism being used in an exclusive interview with Schapelle Corby was incompetent and costly. The inquiry also found that sources should be protected in the case of such raids. Source: http://www.theaustralian.com.au/media/afp-bungled-seven-network-raid-and-sources-should-be-protected-senate-inquiry-finds/story-e6frg996-1226919836654#mm-premium

21/05/2014

Budget Cuts Get Rid of Office of the Australian Information Commissioner

The Federal Budget has called for the disassembly of the Office of the Australian Information Commissioner by 1 January 2014. This is an effort to save $10.2 million a year. This dissolution means the duties will have to be relocated to four other bodies. Source: http://www.smh.com.au/it-pro/government-it/abbott-government-uncomfortable-with-freedom-of-information-laws-opposition-20140514-zrc1r.html

27/05/2014

Treasurer Joe Hockey Suing Fairfax

Treasurer Joe Hockey is suing Fairfax over articles published that defamed him. They are about a fundraising event alleging in exchange for donations the donors gained access to him. He believes he has been greatly injured, shunned and avoided. His lawyers say his reputation has been brought into disrepute, odium, ridicule and contempt. He is claiming damages, interest and costs. Source: http://www.theaustralian.com.au/media/the-media-debate-over-hockey-suing-fairfax/story-e6frg996-1226931129296#

Budget Media Cuts

Treasurer Joe Hockey’s budget contains a 1% cut to ABC and SBS funding for the next four years. Although this may seem minute in reality this also includes the media outlet not benefiting from the 3% inflation rate adjustments and remaining stagnant. The 1% cut amounts to an annual decrease of $9 million the first year, also the complete cancellation of funding for The Australia Network. ACMA (The Australian Communications and Media Authority) also is receiving a $3.3 million cut over four years. Source: http://www.theaustralian.com.au/media/abc-news-to-feel-effect-of-australia-network-axe/story-e6frg996-1226917173980

Asher Wolf Case

Asher Wolf is a freelance journalist reporting of privacy breaches made by the Department of Immigration. However they then demanded Asher Wolf to hand over the materials relevant to the story. This breach was found on the Department of Immigration’s website where complete personal information of over 10,000 (1/3) of Australia’s asylum seekers with full name, birth date, arrival, placement etc. was accessible to unauthorized personnel. Source: http://www.theguardian.com/world/2014/feb/19/asylum-seekers-identities-revealed-in-immigration-department-data-lapse

Morcombe’s publicly call for a Change in Laws

Father of murdered schoolboy Daniel Morcombe, Bruce Morcombe,  has publicly pleaded for a change in law to allow juries to know about a defendant’s past crimes when they are on trial. Morcombe believes that “members of the public are smart enough to hear the truth in court”. During the murder trial the jury heard about the past crimes of another suspect, but not of the defendant’s. Source: http://www.theaustralian.com.au/news/bruce-morcombe-calls-for-jurors-to-hear-past-crimes-of-defendants-after-his-son-daniels-killer-brett-peter-cowan-was-tried-without-his-criminal-history-being-revealed/story-e6frg6n6-1226905141811

Government Snooping

Accusations have arisen regarding Government bodies snooping on the public’s social media pages. It started from a tweet from the Department of Immigration and Border Protection (DIBP) to a pro-asylum seeker activist that gave the impression that they had seen posts on her private Facebook page. On April 4 2014, the DIBP sent Vanessa Powell a twitter message stating “it’s come to our attention that a Facebook post on your wall contains an offensive remark directed at a staff member”.  The tweets from the DIBP stated “If you do not remove your Facebook post with immediate effect, we will consider our options further” and “Post in question is dated yesterday, with a picture of a bus and contains a comment by George Georgiadis”.  This last tweet is in response to Ms Powell asking what tweet they were referring too. This post has since been removed from Ms Powell’s Facebook page. According to a Sydney Morning Herald article the DIBP hires private contractors who monitor social media every day to determine Australian perceptions on different policies. Source: http://www.smh.com.au/national/public-service/government-cyber-snoops-scouring-social-media-20140410-36gen.html

Australia-based African Defamation Case

Australian- based Zimbabwe African National Union Patriotic Front writer Reason Wafawarova is being sued for defamation by former Zimbabwe Envoy ambassador Jacqueline Zwambila. Zwambila filed for a lawsuit back in 2011 where she claimed that Wafawarova defamed her in an article published in the Zimbabwean state media in 2010. This article claimed that a former Zimbabwean envoy had stripped in front of embassy staff. She has claimed that the article has followed her around, her name had been stigmatised and that it had taken dignity away from the country. Wafawarova has said that he is unable to receive a fair trial because his witnesses are Zimbabwean diplomats that have since been redeployed from the embassy and that their governments had refused his request for their appearances. He has also argued that the article was about something that happened on Zimbabwean soil and in a Zimbabwe newspaper so therefore Australia should have no jurisdiction over the matter. Source: http://www.swradioafrica.com/2014/05/12/former-envoy-sues-zanu-pf-writer-for-200000/

Senator Faulkner and Spy Cameras

Senator Faulkner has accused the Department of Parliamentary Services (DPS) of spying on him using CCTV cameras, which he says is a breach of parliamentary privilege. The head of DPS has been questioned by Senator Faulkner in a Senate Estimates hearing, where she has admitted to the footage being accessed “to gather evidence in a potential code of conduct case around an individual, yes”. It is believed by media that the reason behind this was to identify a whistleblower who was leaking information to the Senator. Source: http://www.theaustralian.com.au/national-affairs/parliamentary-cameras-monitored-john-faulkner-with-whistleblower/story-fn59niix-1226931722580#

Fairfax Defamation Cases

Nick Di Girolamo who was the former chief executive of Australian Water Holdings is also suing Fairfax media in a $12.5 million defamation suit. He says that his reputation was trashed by stories published in the Sydney Morning Herald. These stories were from 2012 and 2013 and investigated involvement of the corrupt former Labor Minister Eddie Obeid in the water company. Sources: http://www.theguardian.com/world/2014/may/23/nick-di-girolamo-launches-125m-defamation-suit-against-fairfax-mediahttp://www.theaustralian.com.au/media/media-diary/obeids-to-sue-fairfax-for-50m/story-fnab9kqj-1226931115298#

Australian journalists face the possibility of extra delays in their freedom of information appeals with Australian federal budget cuts doing away with the Office of the Australian Information Commissioner (OAIC) by January 2015.

The cut is meant to save $10.2 million a year, but dissolving  the OAIC will mean the duties that the agency carried out will have to be shifted into four other bodies.

The privacy functions that are carried out by the Privacy Commissioner will continue as an independent legislative position within the Human Rights Commission.

The external examination of Freedom of Information (FOI) will be adopted by the Administrative Affairs Tribunal.

The Commonwealth Ombudsman will take the responsibility of filing and treatment of FOI complaints.

The last function will be divided into the Attorney General’s Department, whose responsibility will include the administering of “FOI guidelines, collecting statistics and providing explanatory material on the operation of the Freedom of Information Act 1982” (Office of the Information Commissioner disbanded as part of budget reforms, Ashurst Australia).

The budget cuts aimed at saving $10.2 million annually but will only save $3.3 million in direct financing this year and the cost of financing the continued duties, once carried out by the federal budget will be passed onto the four separate departments that it absorbed into. Source:

http://www.oaic.gov.au/news-and-events/statements/australian-governments-budget-decision-to-disband-oaic/australian-government-s-budget-decision-to-disband-oaic

© Toni Mackey and Eve Soliman 2014

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Budget cuts to FOI body could prompt delays

By guest blogger EVE SOLIMAN – press freedom intern

Australian journalists face the possibility of extra delays in their freedom of information appeals with Australian federal budget cuts doing away with the Office of the Australian Information Commissioner (OAIC) by January 2015.

The cut is meant to save $10.2 million a year, but dissolving  the OAIC will mean the duties that the agency carried out will have to be shifted into four other bodies.

The privacy functions that are carried out by the Privacy Commissioner will continue as an independent legislative position within the Human Rights Commission.

The external examination of Freedom of Information (FOI) will be adopted by the Administrative Affairs Tribunal.

The Commonwealth Ombudsman will take the responsibility of filing and treatment of FOI complaints.

The last function will be divided into the Attorney General’s Department, whose responsibility will include the administering of “FOI guidelines, collecting statistics and providing explanatory material on the operation of the Freedom of Information Act 1982” (Office of the Information Commissioner disbanded as part of budget reforms, Ashurst Australia).

The budget cuts aimed at saving $10.2 million annually but will only save $3.3 million in direct financing this year and the cost of financing the continued duties, once carried out by the federal budget will be passed onto the four separate departments that it absorbed into.

The Attorney General’s Office will be funding $500,000 this year and $900,000 annually in the following years, the Human Rights Commission will contribute $2.7 million in 2015 and around $5.5 million annually the following years and the Administrative Appeals Tribunal will pay $300,000 this year and half a million dollars annually in the following years.

The reasons behind the budget cut can only be speculated, but could have a negative impact on the freedom of information and ways that the functions can be met.

A major critique by the government, agencies and other commentators on the OAIC, is that it has been inefficient in delivering information and reviewing FOI applications.

But despite claims of the OAIC’s efficiency, or viewing the institution as unnecessary there is copious amounts of evidence on the accomplishments and progress of OAIC to counter the arguments.

The completion of cases per day has increased from .37 cases in the first year and a half of its establishment, to 4.7 cases per day, the completion and cessation of FOI requests and privacy complaints also increased substantially.

The OAIC was formed in 2010 as an independent bureau within the Attorney General’s Department that’s purpose involved several elements of information dispersal and management: privacy, FOI and policy.

Predating the formation of the OAIC, the Privacy Commissioner belonged to the Human Rights Commission. The OAIC has 76 staff.

The OAIC has accomplished many things within the spectrum of privacy, freedom of information and information policy.

The agency had conducted an audit of the information management policies belonging to 191 Australian government agencies.

OAIC also resolved a total of 1,191 appeal applications and requests for information and published the reasoning for 186 of those cases, handled 4521 phone enquiries and 1891 written enquiries involving freedom of information and closed 394 FOI complaints.

In 2011, the OAIC hosted a National Information Policy Conference, that was attended by hundreds of people and created and dispersed the Principles on open public sector information which the government utilises and relies on.

References:

http://www.oaic.gov.au/news-and-events/statements/australian-governments-budget-decision-to-disband-oaic/australian-government-s-budget-decision-to-disband-oaic

file:///C:/Users/Eve/Downloads/Privacy%20Update%20-%2014%20May%202014.pdf

http://www.smh.com.au/it-pro/government-it/abbott-government-uncomfortable-with-freedom-of-information-laws-opposition-20140514-zrc1r.html

http://www.abc.net.au/pm/content/2014/s4005459.htm

http://www.zdnet.com/budget-2014-oaic-disbanded-as-privacy-foi-oversight-redistributed-7000029426/

© Eve Soliman 2014

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How the ABC cuts will damage media freedom in the region

By MARK PEARSON Follow @Journlaw

[Thanks to press freedom intern Eve Soliman for her research assistance here.]

One of the saddest aspects of Tuesday’s budget cuts to the ABC and SBS and the axing of the $220 million Australia Network contract is the impact on media freedom in the Asia-Pacific region.

Screen Shot 2014-05-16 at 11.13.07 AMAmong the Australian values the Australia Network has advocated to neighbouring countries has been the effective operation of a genuinely independent national broadcaster – funded by the government yet producing high quality Fourth Estate journalism exposing corruption and questioning policy in the public interest.

Its current affairs schedule has included top shelf news and current affairs programs like 7.30, Dateline, Lateline, Foreign Correspondent, Q&A, The World This Week and of course ABC News Breakfast. Add to that the online curation via the Australian News Network website and you have a showcase of the media playing a watchdog role in a functioning democracy.

Many of the countries receiving the Australia Network fare much worse than Australia’s 28th position on Reporters Without Borders (RSF) World Press Freedom Index, including Vietnam (174th), Singapore (150th) and Malaysia (147th).

These are nations where ‘public broadcasting’ means something quite different and journalists are subjected to licensing regimes and even jail, with 232 imprisoned in Vietnam in 2012 and, according to the Committee to Protect Journalists, more this month.

Our quality public broadcasting content has operated as an exemplar of how journalism can work in a properly functioning democracy.

The Australia Network commitment was one of the few budgetary investments in media freedom made by this country – and now it is gone.

So too will many journalism jobs if ABC management is unable to find further cuts in its tight administrative budget – which is unlikely according to managing director Mark Scott.

The Budget announcement that the ABC was suffering only a 1 per cent cut over four years might not sound much, but this needs to be combined with inflation of around 3 per cent increasing operating costs.

Anyone familiar with compound interest would understand that this 4 per cent annual deterioration represents an escalating erosion of the ABC’s budget over that period – down to 96% of its current budget in the first year, 92% in the second, 88% in its third, and 84.5% in the fourth.

You can see how – when combined with inflation – the 1 per cent haircut actually becomes a 15% decrease over those four years.

That means either fewer staff, fewer programs, or low cost junior personnel replacing experienced colleagues at the public broadcasters in coming years.

Australia Network viewers seem less likely to have the opportunity to view some of the Walkley Award winning reportage brought to them through its programming in recent years.

Our Asian and Pacific neighbours have been witness – via the Australia Network – to corruption being exposed in all quarters by leading Australian journalists whose media organizations are now under threat.

The network also relayed other news stemming from the work of Kate McClymont of the Sydney Morning Herald which led to many of the recent revelations by the Independent Commission Against Corruption (ICAC).

They have also heard news of the Royal Commission into Child Abuse – also triggered by top notch investigative reporting by the Newcastle Herald’s Joanne McCarthy.

But recent Fairfax redundancies and pressures on other news organizations combines with this Budget decision to send a somber message to the region  – the quality and quantity of news and current affairs in this Western democracy is on the decline.

It will be interesting to see how this development feeds into Australia’s ranking in the 2015 RSF World Press Freedom Index.

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 2014

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