This article reviews the implications for the freedom of the Australian press in light of the anti-terrorism legislation that has been introduced by Australian State and Federal governments since September 2001. It focuses on the secrecy and disclosure provisions, and argues that they will have a marked chilling effect on the role of journalists in examining and reporting on the activities of government; first by prohibiting the publication of certain sorts of information, and, more importantly, by attempting to make the press a de facto arm of the security forces in dealing with certain sections of the community. This effect of the legislation fundamentally impairs freedom of political communication including freedom of the press, and may not survive even Australia’s limited constitutional protection of such freedom, though it will certainly override the limited parliamentary protections of human rights. It suggests that the only serious legal protection would flow from an effective, constitutionally entrenched Bill of Rights defining and protecting inter alia freedom of information, communication and the press.
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