The newspaper rule … Identities of Source A and Source B not revealed … Not in the interests of justice to identify the confidential sources … Legal professional privilege not "waived irrevocably" … Amended defence could effectively undo waiver … Defamation actions bedevilled by interlocutory disputes … Margery Ai reports ... more
Category: Sources
Searching for the sources
Limited changes for scheme dealing with journalists' information warrants ... Significant restrictions remain in place ... New applicants sought for role of public interest advocates ... Journalists locked out of contesting warrants ... Maxim Shanahan reports ... more
F v Crime and Corruption Commission
Queensland's Court of Appeal ... Journalist appeals directions from Corruption and Crime Commission to reveal source of information ... Claim for public interest immunity, implied freedom of political communication ... Media union response ... Courts Editor Stephen Murray reports ... more
New armour for journalists in Queensland
Shield laws ... Consultation paper released by Queensland AG ... What to shield and how to do it ... Protection inside and outside the courtroom ... Police raids and administrative proceedings ... Limited nature of journalists' privilege ... Anna Kretowicz reports ... more
Kumova v Davison
Federal Court ... Journalist privilege cannot be claimed by self-styled citizen journalist ... Tweeter not a journalist ... Regard to "Cynical and Cranky take" description of account ... Use of account to defend and vindicate against attacks ... Twitter feed not a "news medium" ... Medium must be used "routinely or regularly" for news ... Protection of identity of a source ... Whether promise of confidentiality need be made anterior to information being provided ... "Great deal of information" provided before any promise ... Courts Editor Stephen Murray reports ... more
F v Crime and Corruption Commission
Queensland Supreme Court ... Newsroom supervisor challenges corruption watchdog over questioning ... Allegations police officer asked journalist to knock on door ... Public interest immunity claim rejected ... Not unfair of CCC to ask questions ... Implied freedom of political communication argument dismissed ... Courts Editor Stephen Murray reports ... more
Australian Broadcasting Corporation v Kane (No. 2)
Wide ambit for AFP's search warrant ... Federal Court dismisses national broadcaster's challenge to the validity of a search warrant ... Federal police seeking information about the source of stories about conduct of troops in Afghanistan ... Crimes Act ... Meaning of "defences" ... Implied freedom of political communication ... Evidence Act and journalists' privilege ... No protection for sources of public interest information ... Stephen Murray reports ... more
Roberts-Smith v Fairfax Media Publications Pty Limited (No. 3)
Journalists' privilege ... Protection of sources ... Informants as distinct from eyewitness ... Journalists' promise of confidentiality ... Claim that the privilege had been waived in the outlines of evidence ... Whether the privilege is destroyed at trial if sources are witnesses ... Stephen Murray reports ... more
Ben Roberts-Smith v The Federal Capital Press of Australia; Ben Roberts-Smith v The Age Company; Ben Roberts-Smith v Fairfax Media Publications
Interlocutory application for the respondent's documents ... Disclosure of source material ... Whether confidentiality has been lost ... Testing the claim of journalistic privilege ... Stephen Murray reports ... more
Australian Broadcasting Corporation v Martin Kane & Others
AFP says source immunity for journalists is limited ... MEAA code of ethics should be read down ... Warrant proportionate to the importance of the matter under investigation ... Defence Act ... No direct connection between ABC's Afghan report and David McBride ... Decision reserved ... Stephen Murray reports ... more
Australian Broadcasting Corporation v Martin Kane & Others
Challenge to the AFP search warrant on the ABC's HQ ... The Afghan Files ... AFP officer said the public interest defence was "only a defence" ... Other stories threatened ... Potential impact of the raid on journalism and sources of public interest information ... Free press ... Implied freedom of political communication ... Warrant too wide and uncertain ... Stephen Murray reports ... more
Jensen v Nationwide News Pty Ltd [No.6]
Former Liberal politician failed in an earlier attempt to discover journalist's sources ... Now he attempts to subpoena Telstra for journalist's record of phone communications ... WA Chief Justice Quinlan upholds part of plaintiff's subpoena for information from The Australian and its journalist Andrew Burrell ... However, the sources are off limits ... Journalist's counter-claim against the plaintiff ... Janek Drevikovsky reports ... more