Report of the Independent Audit into the State of Free Speech in Australia potx

Report of the Independent Audit into the State of Free Speech in Australia 31 st October 2007 Report Chaired by Irene Moss, AO Commissioned by: This page has been intentionally left blank [...]... said the report “will form the basis of a campaign of public consultation and debate with government and opposition parties and the judiciary” 1.2 The independent audit of the state of free speech in Australia The audit team was Irene Moss AO as chair, Peter Timmins as deputy chair and Jane Deamer as research director Erin Tennant and Geoff Briot carried out some research and took part in writing the report. .. wealthy Australians were rorting the First Home Buyer’s scheme 13 Frank Moorhouse "The writer in a time of terror" Griffith Review: The Trouble with Paradise Summer 2006-2007, 13 14 Ibid, 54 15 Peter Bartlett "Court in the Act: Media and the Law in 2006" in Official Spin: Censorship and Control of the Australian Press 2007 The Media, Entertainment and Arts Alliance report into the state of press freedom in. .. media in its reporting functions; constraints in current laws; and issues arising from their implementation and interpretation that have this effect In particular: • access to government information, including freedom of information and associated laws; • access to information about proceedings in the courts, including suppression orders and the use of contempt laws; • the seizure of records, use of subpoenas... concept: in one instance it might be attached to the maintenance of free speech and the free flow of information, while in another it can mean a person’s right to a fair trial or the maintenance of public safety For our purposes, a publication in the public interest refers to a matter of serious concern or benefit to the public, such as government policy, and not something merely of interest to the public,... early to tell whether the uniform laws, in practice, represent a better balance of the rights and interests of individuals and others who write and publish Much will depend on the approach taken by the courts x CONTENTS 1 BACKGROUND 1 1.1 Australia s Right to Know Coalition 1 1.2 The independent audit of the state of free speech in Australia 1 1.2.1 Terms of reference ... privileges the news media claim should be protected only insofar as they promote our interest in freedom of expression generally 2.3 What are the limitations of access to, and publication of, information and comment, including rights and responsibilities? Just as the rights of journalists are the same as those of ordinary speakers, so too principles that restrict freedom of speech also impose limits on the. .. right to freedom of speech The absence of an explicit protection for free speech sets Australia apart from other Commonwealth countries, such as the United Kingdom,13 Canada14 and New Zealand,15 as well as the United States.16 1 Eric Barendt, Freedom of Speech (2nd ed, 2005) 18 Slavko Splichal, Principles of Publicity and Press Freedom (2002) 39 3 Geoffrey Marshall, ‘Press Freedom and Free Speech Theory’... cover the average cost of defending a defamation suit, $140,000 And to the disappointment of some, Australian defamation law contains no “public figure” test of the kind available in the United States Australia also appears to lag behind other countries in ensuring protection against liability where matter has been published in the public interest after reasonable precautions have been taken by the publisher... Charter of Rights and Freedoms is entrenched in Canada’s 1982 Constitution 15 Human Rights Act 1993 16 The First Amendment, drafted two years after the US Constitution of 1789, states that Congress ‘shall make no law abridging the freedom of speech, or of the press’ 2 7 This page has been intentionally left blank 8 CHAPTER 3 THE STATE OF FREE SPEECH 3.1 Australia ranked 28th in international press freedom... reliance on legal interpretation to block access altogether What we have is a set of unofficial practices which together are whittling away the notion of easy and open access 3.3 Freedom of Information One of the putative battlegrounds over press freedom in this country is the operation of our freedom -of- information (FOI) laws These laws have been useful for individuals seeking personal information held . Report of the Independent Audit into the State of Free Speech in Australia 31 st October 2007 Report Chaired. BACKGROUND 1 1.1. Australia s Right to Know Coalition 1 1.2. The independent audit of the state of free speech in Australia 1 1.2.1. Terms of reference 1