Terrorism - Contesting Freedom
As the government ramps up its anti-terror laws and seeks to gain tighter control of civil liberties, Australian society arguably appears to be one of growing fear and suspicion. Words like ‘suppression’, ‘surveillance’ and ‘sedition’ reflect the hardline approach the government is taking on national security. Ultimately, it’s about security of freedom; a phrase that sounds as paradoxical as the notion itself. Adversaries of anti-terrorism legislation claim that, if anything, the recent laws serve to stifle our democratic freedoms.
There are many organisations and communities that have expressed concern at the trend in recent laws. On Friday 28 April, the Media, Entertainment & Arts Alliance (MEAA) released its second report into the state of press freedom in Australia, following its recent submission to the Australian Law Reform Commission (ALRC) Inquiry into Schedule 7 – Sedition of the Anti-Terrorism Act (No 2) 2005 (Cth) (“the Act”).
The MEAA has advocated that sedition provisions of the Act are not necessary, particularly when existing legislation, like the Crimes Act 1958 (Vic) and anti-vilification laws, adequately deal with such matters. They claim that Schedule 7 adds to the mounting restrictions on press freedom, which include suppression of public information, threats to confidentiality of sources and penalties curbing investigative journalism in such matters as alleged contraventions of justice.
The MEAA’s observation of the decline of press freedom extends to even broader issues for ordinary Australians wanting to retain their own rights to speak out and take action over public issues. In its submission to the ALRC, the MEAA claimed that legislation “will severely restrict freedom of expression in this country and threaten the nature of public debate, the cornerstone of democratic values.”
A wider review of anti-terrorism legislation was recently conducted by the Security Legislation Review Committee, set up last October. Its report criticises the approach to the development and drafting of legislation dating back to 2002 and calls for sweeping changes. Its recommendations include: the removal of the Attorney-General’s power to determine which groups constitute a terrorist organisation; tightening the definition of what constitutes a terrorist group; and giving suspected terrorists explicit rights to a lawyer, along with confidentiality.
With this and the ALRC’s review of sedition legislation, publicly supported by some government members, the push for reform is still on the agenda. On a brighter side for the press, there has been recent victory with landmark national defamation laws that cap damages amounts, as well as moves towards limited legal privilege for journalists who refuse to disclose sources.
But the mood remains sombre in the face of big budget spending on national security measures and the escalation of powers for police and security agencies. These powers were more recently enhanced in the Telecommunications (Interception) Amendment Bill 2006, which provides for the interception of real-time (telephone) and stored (email) communications of non-suspects. Many would argue that these sorts of control measures provide even more reason for Australia to introduce a federal Bill of Rights. As it stands, Australia is virtually the only democratic country in the world without a Bill of Rights or similar. But that’s another issue in itself; comparing the democratic value of rights administered by unelected judges against law-making by politicians with a popular mandate.
And so the debate continues to rage, with both sides ironically working towards the same goal: to protect the fundamental rights and freedoms of Australians.
Disclaimer:The information in this article is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Brendan Kelly of our office.
More Information
From the LIV Bookshop
Terror Laws: ASIO, Counter-Terrorism and the Threat to Democracy, by Jenny Hocking, $22;
The Case for an Australian Bill of Rights: Freedom in the War on Terror, by George Williams, $16.95.
Useful Web links
The MEAA’s submission to the ALRC can be accessed from their website at www.alliance.org.au. | 
