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7 Can. J. Comp. & Contemp. L. 222 (2021)
Press Freedom in Australia's Constitutional System

handle is hein.journals/cajccl7 and id is 231 raw text is: Press Freedom in Australia's Constitutional System Keiran Hardy* George Williams** Freedom of the press remains a topic ofsignificant public debate in Australia. A series of investigations into whistleblowers and journalists, combined with the continued expansion ofAustralia's counter-terrorism laws, has generated backlash against the federal governmentfrom 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 pressfreedom 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 pressfreedom and freedom of speech. Part IV examines possible protections forjournalists 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 legalprotections for afree 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. * Dr. Keiran Hardy is a Lecturer in the School of Criminology and Criminal Justice at Griffith University and a Member of the Griffith Criminology Institute, k.hardy@griffith.edu.au. ** Dr. George Williams is the Deputy Vice-Chancellor, Anthony Mason Professor and a Scientia Professor at the University of New South Wales, george.williams@unsw.edu.au.