Criminalisation of intelligence journalism and whistleblowing; introduction of data retention next

In response to the Senate’s passing of the National Security Legislation Amendment Bill (No. 1) 2014 last Thursday, the Pirate Party has updated its policies to specifically oppose the Bill and support its repeal in the likely case where the lower house also approves it in the coming days[1].

The Bill makes major amendments to the ASIO Act, giving ASIO the ability to access, modify, copy and delete information on computers. ASIO may also be able to apply for a computer access warrant broad enough to cover every device on the Internet at once. Other amendments will introduce tough sentences for journalists and whistleblowers who report or disclose sensitive information, even if it is in the public interest.

The legislation also grants blanket immunity from prosecution for many illegal acts undertaken as necessary under a “special intelligence operation”, effectively granting ASIO unprecedented powers without the necessary checks and balances required by a legitimate liberal democracy.

Party President Brendan Molloy commented: “Labor has farcically waved through some of the most onerous legislation of the last decade with little more than a rubber stamp, as the Liberal Party whips up yet another fear-based storm of ‘national unity’ with insufficient evidential basis. This legislation criminalises journalism and whistleblowing, regardless of the public interest, while effectively granting ASIO agents the power to do anything they please.

“Journalists in particular need to make a strong stand against this and future legislation. If this Bill passes the House of Representatives, journalists will be at risk of imprisonment for reporting on ASIO operations. They will now have the power to jail you for doing your job.

“The next tranche of legislation is likely to include data retention provisions which will require significant scrutiny. Whistleblowing is already being criminalised further — don’t let the Government get away with the introduction of draconian powers to easily track your sources as well. Data retention can still be stopped if the media informs the public of this issue before it’s too late,” Mr Molloy urged.

The Pirate Party is also encouraging the public to show their opposition and engage with the issue by offering pay-what-you-want memberships until 3 October 2014.

[1] https://pirateparty.org.au/wiki/Policies/Civil_Liberties#Remove_existing_laws_which_unduly_restrict_privacy.2C_speech.2C_expression_and_access_to_information