Herald-Sun journalists Michael Harvey and Gerard McManus face jail for refusing to reveal the key source of an article that caused Government embarrassment. The Canberra-based journalists remained tight-lipped as the prosecution of senior public servant Desmond Patrick Kelly, charged with leaking the information, continued in the Melbourne County Court on Tuesday. Attacks on press freedom are becoming all too familiar as was highlighted in the Alliance’s Press Freedom Report, launched earlier this year. This is yet another example of an increasingly concerning trend where journalists and their sources are being intimidated from speaking out.

Harvey and McManus’ hearing is expected to take place in a fortnight. The Alliance has written to the Prime Minister, Attorney General and DPP urging them to prevent these prosecutions going ahead.

“True democracy relies on a government held accountable for its actions. A democratic government does not attempt to make journalists scapegoats to detract from and minimise the embarrassment caused by it’s own actions,” said Alliance federal secretary Christopher Warren in a letter to Prime Minister John Howard.

In February 2004, Harvey and McManus exposed the contents of a secret government document revealing plans to knock back a $500 million boost to war veterans’ pensions.

Following the story’s publication, Kelly was charged under the Commonwealth Crimes Act for leaking the confidential statement by then Veterans Affairs Minister Danna Vale. He faces a possible two-year prison sentence. Subpoenaed telephone records show the government official had been in contact with McManus.

In the preliminary hearing McManus refused to answer when asked whether he knew Kelly on the grounds it could incriminate him. The prosecution granted the journalists immunity, thus setting them up for contempt charges if they failed to give evidence in Tuesday’s hearing.

But the two journalists are not the only targets of the Government’s crackdown on whistleblowers. The Alliance has learnt that the Australian Federal Police have questioned Australian Financial Review journalist Marcus Priest about the source of a briefing from within the department of workplace relations, critical of the Ministers use of the building and construction code.

Both cases demonstrate inappropriate use of the AFP and criminal law to intimidate people from telling the truth, says Christopher Warren. “It is a cowardly attempt to stifle public debate,” he said.

Tony Barrass was the first Australian journalist jailed for contempt of court in 1989 for refusing to reveal a source of information. He was also fined  $10,000.

“I find it unbelievable in this day and age that two journalists face imprisonment for exposing government deceit. It seems little has changed in the 15 years since the authorities jailed me for a similar “offence” – that is, doing my job,” he said.

A journalist’s obligation to protect the identity of their sources and their willingness to stick to the fundamental journalistic principle, regardless of the penalty is critical if whistleblowers are to keep talking to journalists.
 
Without this protection, journalist access to information would be further restricted in what is an already tightly media-managed environment. They would have to rely on a stream of constant but shallow press releases, Question Time and other political stunts for information. And as a result, people would know less about what their elected leaders are doing in their name.

There may yet be some hope for the media. The Australian Law Commission is considering a recommendation to extend the NSW professional confidential relationship privilege in Australia-wide uniform laws. This would provide journalists immunity from contempt charges when they chose not to reveal confidential sources. But this may come too late to be of help to Michael Harvey and Gerard McManus.

Your support in their case is needed. A sample letter follows.
The Alliance urges you to email this letter to:

The Hon John Howard MP
Prime Minister
Cut and paste the letter into the email facility at www.pm.gov.au/email.cfm

The Hon Philip Ruddock
Attorney-General
Ag@Ag.gov.au

Damian Bugg QC
Commonwealth DPP
inquiries@cdpp.gov.au

Sample Letter

Dear Sir,

I am concerned by reports that two Herald-Sun journalists will be formally charged with contempt and may face imprisonment for upholding their ethical obligation to protect their sources.

Michael Harvey and Gerard McManus are charged for failing to provide information in the criminal case before the Chief Judge Michael Rozenes of the Melbourne County Court in which public servant Desmond Patrick Kelly has been accused of leaking government information.

This is a serious attack on press freedom. It sets a dangerous precedent and does not bode well for the future of a well informed public, crucial to the growth and maintenance of a truly democratic state.

Without the right to protect sources, journalists would not receive information vital to the public interest. 

I call on the Government to support press freedom. I do this as a citizen who wishes to remain informed of government decisions and actions made in my name.

I urge you as a member of the Australian public to do everything within your power to stop the prosecution of these two journalists from going ahead.

Yours sincerely,