A recent verdict handed down by Justice Lucy McCallum in the NSW Supreme Court could see whistle-blowers and anonymous sources lose their rights to protection in future disputes over the accuracy of news reports[1]. Pirate Party Australia objects strongly to any moves that force the identities of anonymous sources to be disclosed, or to be exposed to undue litigation.
Journalists Richard Baker, Phillip Dorling and Nick McKenzie accused businesswoman Helen Liu of paying former Defence Minister Joel Fitzgibbon $150,000 to “cultivate him as an agent of political and business influence” in an article published by Fairfax Media in February 2010. Ms Liu claims these allegations are false[2].
The Pirate Party support the rights of sources to be protected, particularly where the information they provide is in the public interest, yet could put the source at risk, and believe that it is the responsibility of the journalist to verify information given to them, and for the publisher to accept the consequences of defamation claims.
Anonymous sources and whistle-blowers have long played a part in upholding the integrity of our democracy. The anonymity of Mark Felt, FBI Associate Director dubbed “Deep Throat”, was paramount to uncovering the Watergate Scandal, and the subsequent resignation of former-US President, Richard Nixon. Despite this being an extreme example, it still highlights the need for unfetted disclosure to the press where corruption and other threats to our democracies may have occurred.
Ms Liu argues she has a case for defamation[2]. Pirate Party Australia believe she should have been required to prove to a competent legal authority that she has such a case before the sources lost their protections.
By setting this precedent, Justice McCallum has possibly deterred future sources from disclosing information if they feel their anonymity is at stake.
[1] http://pda.alliance.org.au/fairfax-journalists-must-not-be-forced-to-reveal-source
[2] http://www.heraldsun.com.au/news/more-news/age-journalists-ordered-to-reveal-sources/story-fn7x8me2-1226259923611