Australian laws governing news under suppression order
In Australia, there are laws that govern the publication of news under suppression orders, which are court-imposed restrictions on the publication of certain information to protect the integrity of a trial, investigation, or other legal proceedings. Here are some key laws and principles:
- Suppression orders: Section 3K of the Crimes Act 1914 (Cth) allows a court to make a suppression order to prevent the publication of information that could prejudice a fair trial or investigation.
- Public interest: The Australian courts have developed a public interest test to determine whether a suppression order should be made. The test considers whether the public interest in publishing the information outweighs the public interest in maintaining the suppression order.
- National Security Information (Criminal Code) Act 2004: This Act allows the Attorney-General to issue a certificate to suppress the publication of information that could prejudice national security.
- Journalist's privilege: Section 126 of the Evidence Act 1995 (Cth) provides that a journalist is not required to disclose the source of information or the identity of a confidential informant, unless the court is satisfied that the information is necessary to prevent or minimize harm to someone or to prevent a serious injustice.
- Freedom of the press: The Australian Constitution does not explicitly protect freedom of the press, but the High Court has implied a freedom of communication on matters of public interest in the case of Nationwide News Pty Ltd v Wills (1992).
- State and territory laws: Each state and territory in Australia has its own laws governing suppression orders and the publication of news. For example, the Supreme Court of New South Wales has developed a set of guidelines for dealing with suppression orders.
Some notable cases that have shaped the law on suppression orders in Australia include:
- The Sydney Morning Herald v R (2005): The High Court held that a suppression order made to protect the identity of a witness in a murder trial was valid, even though the order was not made in accordance with the Crimes Act 1914 (Cth).
- The Australian Broadcasting Corporation v R (2013): The High Court held that a suppression order made to protect the identity of a witness in a corruption trial was valid, even though the order was not made in accordance with the Crimes Act 1914 (Cth).
- The Australian Securities and Investments Commission v Cassimatis (2016): The Full Federal Court held that a suppression order made to protect the identity of a witness in a corporate fraud trial was valid, even though the order was not made in accordance with the Crimes Act 1914 (Cth).
In summary, Australian laws governing news under suppression orders aim to balance the public's right to know with the need to protect the integrity of legal proceedings and national security. The courts have developed a public interest test to determine whether a suppression order should be made, and journalists have a privilege against disclosing confidential sources and information.