SUPPORTING AN OPEN SOCIETY THROUGH SHIELD LAWS STEVEN MARSHALL MP, STATE LIBERAL LEADER STEPHEN WADE MLC, SHADOW ATTORNEY GENERAL
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1 SUPPORTING AN OPEN SOCIETY THROUGH SHIELD LAWS STEVEN MARSHALL MP, STATE LIBERAL LEADER STEPHEN WADE MLC, SHADOW ATTORNEY GENERAL
2 People who alert the media to important public issues embody the core values of an open society. Steven Marshall State Liberal Leader
3 LIBERAL COMMITMENT Protecting the Public Interest To maintain a healthy, open society, we need a free media. Journalists and media outlets hold interest groups, companies and government to account. They do this by publishing important information from a range of sources, many who risk their own well-being to expose information in the public interest. If journalists are not able to provide their sources with assurance of anonymity, it is likely that critical information benefitting the public will not be passed on. This damages public debate, hides corruption and undermines accountability. Shield laws have been used internationally and around Australia to provide protection to people who engage journalists. As a matter of law, shield laws provide that source-to-journalist communication is privileged and journalistic source identity is protected. Despite the growing popularity of shield laws across Australia as state and federal governments recognise the need to protect journalistic privileges, South Australia still has no such protections in place. Journalists, media professionals and the public have expressed concerns at the lack of legal protections for the anonymous journalist sources. The State Liberals believe that these concerns are well-founded, and is acting to ensure that shield laws are introduced in South Australia. Shield laws will ensure that journalists are not compelled by government, courts or powerful companies to reveal their sources or give away the origin of their information. Journalists will only be compelled to reveal their sources if the case fails the public interest test : where the public interest in revealing the information outweighs the potential detriment to the source; for example, if a journalist has information about a threat to public safety. Our commitment to shield laws is part of our Justice Action Agenda to ensure a fair, accountable government and transparent society. Shield laws support the media s legitimate role in uncovering often difficult evidence and then using that to hold the powerful to account.
4 OUR PLAN Our plan to protect journalists sources: 1. If a journalist has promised not to disclose an informant s identity, or a journalist receives information in a context where such a confidence is implied, neither the journalist nor their employer can be compelled to answer any question or produce any document that would disclose the identity of their informant or that would enable the source s identity to be determined. 2. The privilege against disclosure of a source includes situations where a person is compelled to answer a question or produce a document that would disclose the identity of the informant or enable that identity to be determined. 3. The court may, on the application of a party, compel the information to be released on the grounds that the public interest in the disclosure of the evidence or identity of the informant outweighs any detriment to the source.
5 FEEDBACK Feedback: If you would like to have your say on our plan for shield laws, please get in touch. Contact Steven Marshall MP, State Liberal Leader: E: or P: Parliament House, North Terrace, Adelaide, SA, Contact Stephen Wade MLC, Shadow Attorney General: E: or P: Parliament House, North Terrace, Adelaide, SA, Authorised by G. Greene for the Liberal Party of South Australia, 25 Leigh Street Adelaide, 5000
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