News & Current Affairs
23 October 2014
by Antony Loewenstein
Australia's war on whistleblowers must end
The prosecution of Freya Newman, court actions against news outlets and police investigations of immigration leaks show the war on whistleblowers is escalating
Frances Abbott, Tony Abbott and Leanne Whitehouse
Freedom is difficult to resuscitate once extinguished. Australian attorney-general George Brandis recently chastised journalists for criticising his government’s new laws aimed at preventing reporting about “special intelligence operations”. Because he’s a culture warrior brawler, Brandis damned the “usual suspects of the paranoid, fantasist left” but also “reputable conservative commentators” for questioning his judgment over what citizens should and should not learn through the media.
It’s a tragic irony that the loudest voices backing the current war on whistle-blowers are the very politicians who are theoretically elected to protect and enhance free speech and disclosure.
“Never believe anything until it’s officially denied” was a favourite expression of the Irish journalist Claud Cockburn, father of the British reporter Patrick Cockburn. It’s a motto worth remembering as we’re faced with a barrage of state-led and private interest attacks on leaks and leakers.
The examples are many, but what occurred on Thursday raises grave concerns for whistleblowers in Australia. Take the case of Freya Newman, a young and part-time librarian at Whitehouse School of Design in Sydney. She accessed information on the institute’s computer system that showed prime minister Tony Abbott’s daughter, Frances Abbott, received a “chairman’s scholarship” worth $60,000.
Newman has pleaded guilty to the offence of unauthorised access to a computer system, and on Thursday appeared in court. The prosecution appeared not to be pushing for a jail sentence but a record of the crime. The fact remains that Newman has been aggressively pursued for a noble example of exposing a matter of public interest.
Newman’s whistleblowing was defended by lawyer Julian Burnside as vital insights into secret access and clearly should be designated as in the public interest. Crucially, he notes that she would have been likely protected by whistleblower protection if working for a government organisation but she was exposed to legal censure because she was employed by a private organisation.
Independent news website New Matilda has released a slew of leaks this year and faced heavy, but predictable criticism. New Matilda operates differently, aiming to piss off the pompously positioned. The current controversy over Sydney University’s Barry Spurr, a consultant to the Abbott government’s review of the national curriculum, is yet another case of smearing a whistle-blower who released a slew of racist and sexist emails to New Matilda.
In an outrageous attack on press freedom, Spurr has tried to legally force New Matilda to reveal its sources and prevent them publishing anything else related to the story. It’s a case of attempted intimidation that New Matilda has happily challenged, and later on Thursday Spurr dropped his bid to expose the source, although the case is still continuing. I’m yet to read other media outlets offering support for the small publisher.
Rather than address the issues raised by Spurr’s compromised position as a man who longs for colonial times, The Australian’s Sharri Markson reported that the emails may have been obtained by hacking, allegations slammed by editor Chris Graham.
The source of the leak is again questioned in an Australian editorial: “the [New Matilda] website maintains [the story] is based on leaks from a source, rather than hacking, as Professor Spurr alleges”. Even entertainer Barry Humphries has damned the release of the emails, wilfully ignoring the political significance of such a man with vile views to perpetuate white Australia in the education system of the 21st century.
There are many other examples of this war on whistleblowers in Australia. Immigration minister Scott Morrison has maintained a medieval seal on details over his border security policy and yet has been happy to find friendly, News Corp Australia reporters to smear critics of his policy. The government has now referred Save the Children workers to be investigated by the Australian Federal Police over “unauthorised” disclosures of information. It was clear intimidation, designed to make employees shut up.
In a haze of claims and counter-claims, with Operation Sovereign Borders celebrated as saving taxpayer dollars, the detail of a breach of security within the department is ignored or dismissed as insignificant. The source of these allegations against Save the Children was first reported in a Daily Telegraph story as being from an intelligence report that they also appear to have been leaked, and which was published on the day of Morrison’s announcement about the investigation. Leaking to obedient journalists doesn’t indicate a healthy whistle-blower culture but rather a docile political environment that rewards favouritism. It reduces democracy to sanctioned drops into reporter’s in-boxes.
Amidst all the fury over angry ideologues concerned that their bigoted conservative values are under attack lie the importance of whistle-blowing without fear or favour. It’s a global problem that’s being led by Nobel Peace Prize winner himself, US president Barack Obama. His administration is publicly supportive of disclosure while prosecuting countless people including the New York Times’ James Risen and perfecting the selective leak to cosy reporters. It’s a particular problem with national security journalism, where the vast bulk of writing is left to stenographers of the bloated intelligence and military apparatus.
Effective whistleblower legislation in democracies isn’t enough because governments have proven their willingness to protect anything that embarrasses or shames them. The persecution of Julian Assange, Edward Snowden, Chelsea Manning and Thomas Drake, amongst others, is about saving face and not lives. Journalists, aggressive media companies and citizens must revolt and challenge the very fundamentals of our secretive age. This means publishing state and business secrets and widening the overly narrow definition of what constitutes being in the public interest.
Rejecting the criminalising of journalism should be in every reporter’s DNA. The Snowden releases have fundamentally altered the ways in which we understand digital journalism and how we must protect sources away from prying private and government eyes.
Over a year ago I wrote an article outlining the range of documents and stories that need to be told by the invaluable work of whistle-blowers. Today I’m calling for all documents that reveal the operational details of Operation Sovereign Borders, the legal justification for providing Iraqi immunity for Australian special forces in Iraq and the evidence of Australian acquiescence in abandoning citizen Julian Assange at London’s Ecuadorian embassy.