NATIONAL SECURITY REFORMS AND FREEDOM OF THE PRESS

Abstract

In October 2014, the Abbott government introduced a ‘special intelligence operations’ (‘SIOs’) regime which provides immunity for Australian Security Intelligence Organisation (‘ASIO’) officers who commit unlawful acts in the course of specially-approved undercover operations. Attached to this regime is a secrecy offence, in s 35P of the Australian Security Intelligence Organisation Act 1979 (Cth), which prohibits the disclosure of any information relating to SIOs. This article considers the impact of s 35P on press freedom in Australia, and considers options for striking a more appropriate balance between secrecy and accountability. It suggests that a limited public interest exemption based on whistleblower protections in the Public Interest Disclosure Act 2013 (Cth) would provide the most viable solution for reducing the impact of s 35P on press freedom.