26 September 2023

New laws to offer journalists media protection

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The Department of Justice and Attorney-General has developed legislation containing ‘journalist shield laws’ aimed at better protecting journalists and their sources.

Announced by Attorney-General and Minister for Justice, Shannon Fentiman, the Evidence and Other Legislation Amendment Bill, which has been introduced into Parliament (16 November), is the result of broad public consultation earlier this year.

Ms Fentiman said shield laws were complex and must strike the right balance between a journalist’s obligation to maintain the confidentiality of a source and the ability for the court to have access to all relevant information in the interests of justice.

“The new laws recognise that a free, independent and effective media, which may need to rely on confidential sources at times, is crucial for a strong democracy,” she said.

“These laws will protect confidential informants by providing that journalists cannot be compelled to answer a question or produce a document that would disclose their identity.

“However, recognising that in some cases the informant’s identity may need to be disclosed, the new laws allow the shield to be removed if it is in the public interest.”

The Minister said the Bill recognised that modern journalism took many forms and captured the diverse and innovative ways news and information was provided to the public.

“These laws will give journalists capacity to maintain the anonymity of their confidential sources in proceedings in Queensland courts, including the Queensland Civil and Administrative Tribunal,” she said.

“However, they will not apply to investigations and hearings of the Crime and Corruption Commission,” Ms Fentiman said.

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