Now the furore over the Chinese Embassy has died down, the Federal Government has taken a more sensible and conciliatory approach on the publication of security matters. Earlier this year, the Foreign Minister, Gareth Evans, sought “”significant penalties” to deter publication of security matters. He wanted to fine and jail journalists and fine media companies for publishing a wide range of material that might affect Australia’s national interest. There are already penalties for the security operatives who leak the material in the first place. There already are some sweeping, but unused criminal provisions for those who publish the leaks. Senator Evans, however, wanted more detailed and explicit sanctions to stop secondary publication. It was a dangerous course in a liberal-democratic society.
The formulation and application of tests about what is a “”security matter” could see any attempt at legal sanctions be turned into bans on publishing things which might embarrass the government rather than things genuinely prejudicial to Australia’s national interest. Presumably, Senator Evans thought that the disclosures over the bugging of the Chinese Embassy in Canberra would be enough to attract criminal sanctions under his new regime. Yet, just a few months later, we see that there is no discernible difference in Australia-Chinese relations as a result of the disclosure.
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