Press freedom in Australia’s constitutional system

Freedom of the press remains a topic of significant public debate in Australia. A series of investigations into whistleblowers and journalists, combined with the continued expansion of Australia’s counter-terrorism laws, has generated backlash against the federal government from media outlets, law reform groups and the wider public. In this article, we examine how Australia’s counter-terrorism laws undermine press freedom and analyse the extent to which press freedom is legally protected in Australia’s constitutional system. Part II outlines recent investigations into the conduct of Australian journalists and whistleblowers who have acted in the public interest. Part III explores counter-terrorism laws that threaten press freedom and freedom of speech. Part IV examines possible protections for journalists from criminal prosecution. To assess the strength of these protections, we analyse the Federal Court decision in Australian Broadcasting Corporation v Kane. This judgment confirms that legal protections for a free and independent media in Australia are sorely lacking. Short-term statutory and longer-term constitutional reform is needed before Australia can claim to be a democracy that provides adequate protection to freedom of the press.