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moXJO said:
No you didn't.
From roughly 1300 onwards of the Explanatory memorandum deals with documents and taking those documents. Its applicable to this case and is why the afp are doing raids searching for documents.
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The only possible relevant part is Division 121 (g).
If the AFP are barking under that tree, it will fall on them. Provisions at (g) are called "catch all" and the evidence to mount a reasonable case are not apparent from the recent conduct of the AFP.
 
rederob said:
The only possible relevant part is Division 121 (g).
If the AFP are barking under that tree, it will fall on them. Provisions at (g) are called "catch all" and the evidence to mount a reasonable case are not apparent from the recent conduct of the AFP.
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The holding of the classified documents is what they will go for.

They did bring in whistleblower laws to protect people so I wonder if they can charge him or not?
 
New Division 122 includes defences to ensure the offences do not apply too broadly, including a defence specifically applying to journalists (as well as editorial and support staff) who reasonably believe that their conduct was in the public interest. The offences ensure harmful information cannot be released, while appropriate defences protect freedom of speech.
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This was part of what I read before.
 
moXJO said:
This was part of what I read before.
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Division 122 requires that the information is "inherently harmful."
It is difficult to see how informing the public that war crimes may have been committed meets that test. Nor does informing us that we could be spied on without reasonable cause.
As I said, I read at the legislation and find it sadly lacking relevance.

WRT to Division 121, the catch all provisions can potentially allow you, as an ordinary person, to be charged for telling a foreign visitor that we do not have sailors to crew our war ships. In fact, such a report was published in the media the other day, and is a far more serious breach of "national security" than could be alleged by the AFP with regard to the 2 journalists.
 
1638. The extension of the defence to a person who deals with or holds information is intended to allow journalists to undertake a range of activities that are necessary in the course of fair and accurate public interest journalism. For example, journalists must obtain or collect information from a source, hold and deal with that information the course of researching and preparing a story, and deal with that information in course of consulting with editors, experts and relevant Australian Government officials to satisfy the journalist as to the appropriate balance between competing public interests. Additionally, the extension for the defence to a person who holds information is intended to enable journalists to perform the important function of ‘filtering’ stories that are contrary to the public interest. From time-to-time, journalists may obtain or collect information from sources, and determine that it would be contrary to the public interest to publish some or all of that information. For example, in some cases, the public interest may be fully served by publishing a certain amount of information, whereas the publication of further information or particular details may, on balance, be contrary to the public interest. It is intended that journalists should be permitted to deal with information, and then determine to either publish the information, or to hold the information rather than to publish the information.

1639. The term ‘journalist’ should take its ordinary and natural meaning. For example, the Macquarie Dictionary defines ‘journalist’ as being a person engaged in ‘journalism’, being ‘the business or occupation of writing, editing, and producing photographic images for print media and the production or news and news analysis for broadcast media’. Similarly, the Oxford Dictionary defines ‘journalist’ as ‘a person who writes for newspapers, magazines, or news websites or prepares news to be broadcast’. A journalist need not be regularly employed in a professional capacity, and may include a person who self-publishes news or news analysis.

1640. However, a person will only have the benefit of the defence in their capacity as a journalist ‘engaged in fair and accurate reporting’. The concept of being engaged in fair and accurate reporting is used within section 18D of the Racial Discrimination Act 1975 . In this context, it is intended that the requirement for the journalist to be engaged in fair and accurate reporting will limit the scope of the defence to journalists who are, in fact, engaged in such reporting, excluding persons who:

· merely publish documents or information without engaging in fair and accurate reporting

· use information or documents to produce false or distorted reporting, or

· are not, in fact, journalists engaged in fair and accurate reporting—for example, where the person is an officer or agent of a foreign intelligence service engaged in a foreign interference effort.

1641. The defence will also only be available where the person’s conduct is in the public interest. It will ordinarily be a matter for the person to adduce or point to evidence that suggests a reasonable possibility that their conduct was in the public interest, by reason of section 13.3 of the Criminal Code. It will ordinarily then be a matter for the prosecution to disprove the defence beyond reasonable doubt. However, subsection 122.5(7) provides that, without limiting paragraph (6)(a), dealing with or holding certain information will not be in the public interest, being:

· information protected by section 92 of the ASIO Act—which protects the identity of ASIO employees and ASIO affiliates

· information protected by section 41 of the Intelligence Services Act 2001 —which protects the identity of the staff and agents of the Australian Secret Intelligence Service

· dealing with or holding information that would be an offence under section 22, 22A or 22B of theWitness Protection Act 1994 - which protects the identity of Commonwealth, Territory, State participants or information about the National Witness Protection Program, and
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A bit more for journalists.
 
rederob said:
Division 122 requires that the information is "inherently harmful."
It is difficult to see how informing the public that war crimes may have been committed meets that test. Nor does informing us that we could be spied on without reasonable cause.
As I said, I read at the legislation and find it sadly lacking relevance.

WRT to Division 121, the catch all provisions can potentially allow you, as an ordinary person, to be charged for telling a foreign visitor that we do not have sailors to crew our war ships. In fact, such a report was published in the media the other day, and is a far more serious breach of "national security" than could be alleged by the AFP with regard to the 2 journalists.
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It comes down to the documents and not so much about the story in regards to journalists. If its in the publics interest then they have the freedom to report it. Classified documents not been held in their place of purpose is where they will get charged.

We also don't know the full extent of whats in the documents. Or how secure the documents are. Some idiot might have it on a non-secure laptop. Chinese have already hacked Australia to death.
If names are mentioned people can be threatened or compromised.
Journalists should not be above the law in such cases. Them crying foul doesn’t hold weight.
 
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moXJO said:
It comes down to the documents and not so much about the story in regards to journalists. If its in the publics interest then they have the freedom to report it. Classified documents not been held in their place of purpose is where they will get charged.

We also don't know the full extent of whats in the documents. Or how secure the documents are. Some idiot might have it on a non-secure laptop. Chinese have already hacked Australia to death.
If names are mentioned people can be threatened or compromised.
Journalists should not be above the law in such cases. Them crying foul doesn’t hold weight.
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"Asked what the harm of revealing alleged wrongdoing by Australian troops or plans to extend spying laws was, Gaughan said the substance of the reports was “irrelevant” and that the mere fact of disclosure of protected information was a crime."
Maybe he has never read the "Public Interest Disclosure Act 2013" because it protects content rather than source documents.
 
It's interesting that the MM don't give 2 hoots about Wikileaks or Assange, but when the heat is turned on them, they are squealing like pigs. Talk about a bunch of hypocrites.....
 
DB008 said:
I've noticed now that the top story on the ABC (https://www.abc.net.au/news/) is almost always bashing the opposition or Trump.
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Is it possible that right now the story of how Donald Trump leaned on the Ukrainian PM to investigate Bidens son and then hid the conversations because it looked as if he was using his office for partisan political ends which is totally uncool
is the biggest story of the day ?
 
basilio said:
Is it possible that right now the story of how Donald Trump leaned on the Ukrainian PM to investigate Bidens son and then hid the conversations because it looked as if he was using his office for partisan political ends which is totally uncool
is the biggest story of the day ?
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It's a non story bazzzz
 
While this can happen, in that case, it could gave serious implication for the victims, via reprisal, distortion of potential judgement, i think a journo, not even green...in experience.. should know better, why even keep the name at all, even in draft versions?
Anyway, was not about another Trump headline so no one at abc cared much:D
ABC going the way of news limited with your tax dollars
 
ABC s joining other news organisations in developing a secure dropbox system for sensitive stories so that whistleblowers can stray anonymous and alive. It also protects them from political interferance when unpalatable stories get leaked.

So if anyone has some of that dirt you wanted exposed - go for it !!

How to use SecureDrop to contact ABC journalists
The ABC has a long history of agenda-setting, public interest journalism that holds the powerful to account. We are bound by our editorial policies to maintain the anonymity of our confidential sources.

SecureDrop is a tool for sources to anonymously submit documents and communicate with our journalists. It is not the only way of securely contacting an ABC journalist, but it is one of the best, and is used by highly respected news organisations internationally.

Using SecureDrop is more complicated than picking up the phone or sending an email, but if you follow the steps carefully you can have a high level of confidence that your communication with ABC journalists is secure.
https://www.abc.net.au/news/securedrop/
 
A big shout out to regional ABC radio - they've been outstanding during the 2019-20 bushfire crisis in NSW (and other states). Providing regular bushfire situation updates, and info about community services and road access.
You can tell that the announcers are often unwilling to leave their posts, they just want to stay on and contribute.
 
Logique said:
A big shout out to regional ABC radio - they've been outstanding during the 2019-20 bushfire crisis in NSW (and other states). Providing regular bushfire situation updates, and info about community services and road access.
You can tell that the announcers are often unwilling to leave their posts, they just want to stay on and contribute.
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Several of the regular ABC people who you would expect to be on holidays have cancelled them to come back and work.

That's professionalism and dedication.

Are Alan Jones and Ray Hadley on air this week ?
 
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