Australian laws governing publishing 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:

1. 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.
2. Journalist's privilege: Section 3K of the Crimes Act 1914 (Cth) also provides a privilege for journalists to refuse to disclose the source of information or to refuse to answer questions about their reporting, if the information is protected by a suppression order.
3. 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.
4. National Security Information (NSI) legislation: The National Security Information (NSI) legislation (Cth) provides a framework for the handling and protection of national security information. The legislation includes provisions for the protection of journalists' sources and the prohibition of the disclosure of NSI without authorization.
5. Australian Press Council (APC) guidelines: The APC, a self-regulatory body for the Australian press, has developed guidelines for journalists and publishers on the handling of suppression orders and national security information. The guidelines emphasize the importance of protecting sources and the public interest in publishing information.
6. State and territory laws: Each state and territory in Australia has its own laws and regulations governing the publication of news under suppression orders. For example, the New South Wales Supreme Court has developed a set of guidelines for the handling of suppression orders in that state.

Some notable cases that have shaped the law on suppression orders in Australia include:

• R v. Secretary of State for the Home Department; Ex parte Choudhury (1991): This case established the principle that a suppression order can be made to prevent the publication of information that could prejudice a fair trial.
• R v. Director of Public Prosecutions (NSW); Ex parte A (2005): This case held that a suppression order can be made to protect the identity of a witness or informant, even if the information is already in the public domain.
• Australian Broadcasting Corporation v. Lenah Game Meats Pty Ltd (2001): This case established the principle that a suppression order can be made to prevent the publication of information that could prejudice a fair trial, even if the information is already in the public domain.

In summary, Australian laws governing the publication of news under suppression orders are designed to balance the public interest in publishing information with the need to protect the integrity of legal proceedings and national security. Journalists and publishers must navigate these laws and principles carefully to ensure that they are complying with the law while also upholding their responsibilities to the public.