The punishment of journalists for contempt for refusing to reveal their sources in court
Article
Article Title | The punishment of journalists for contempt for refusing to reveal their sources in court |
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ERA Journal ID | 35442 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Journal of Judicial Administration |
Journal Citation | 29 (2), pp. 60-81 |
Number of Pages | 22 |
Year | 2019 |
Publisher | Lawbook Co. |
Place of Publication | Sydney, Australia |
ISSN | 1036-7918 |
Web Address (URL) | https://search.informit.org/doi/10.3316/agispt.20200102022295 |
Abstract | Recently, the Australian Federal Police conducted raids at the home and office of two journalists. The validity of such action is currently before the courts. It is argued here that it is possible that the High Court might find that action that effectively forces a journalist to reveal their sources breaches the implied freedom of political communication. Journalists play a pivotal role in permitting the public to hold governments accountable in our democratic system of government. Laws that effectively force them to betray their confidential sources may well limit the supply of information to journalists, in turn curbing the flow of information to voters. Courts in other jurisdictions have found that raids on journalists’ homes and offices infringe freedom of expression in a way that cannot be justified in a democracy. |
Keywords | chilling effect; journalists; sources; confidentiality; implied freedom; political communication; democracy; accountability; free speech |
Contains Sensitive Content | Does not contain sensitive content |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
Public Notes | This article was first published by Thomson Reuters in Journal of Judicial Administration and should be cited as Anthony Gray, The punishment of journalists for contempt for refusing to reveal their sources in court, (2019) 29 JJA 60. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at https://www.thomsonreuters.com.au/en-au/contact.html. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q576v/the-punishment-of-journalists-for-contempt-for-refusing-to-reveal-their-sources-in-court
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