Defending press freedom: reforming Australia's secrecy laws

Journalism plays a crucial role in democratic societies by providing people with the information necessary to engage in the democratic process. However, the complexity of Australia's secrecy laws, which include 875 offences across different legislations, poses a challenge for journalists. These laws make it difficult to discern whether their reporting might violate national security laws.

Lawyer Chris Flynn and journalists Peter Greste and Peter Wilkinson founded the Alliance for Journalist Freedom (AJF) to advocate for legal reforms safeguarding journalistic independence.

In early 2023, the Attorney-General’s Department consulted on a review of Australia's secrecy offences. AJF made a submission based on Australian legal principles, not individual laws. The submission was developed with pro bono support from Allens via global pro bono network TrustLaw.

Allens lawyers Cassie Chu-Yu-Chee, Rhys Johnson, Matt Offer, Genevieve Rose, Grace Ward and Taylor Watson, led by partner Richard Lilly, provided the legal expertise to define core principles for the review. Their research highlighted inadequately defined key terms in the offences, allowing for broad criminalisation. This insight enabled AJF to pinpoint areas for recommending changes to the secrecy laws.

In June 2023, AJF submitted its recommendations. In November, the Attorney-General's office acknowledged the system's inconsistencies and released a comprehensive review with 11 recommendations to the government to guide legislation. The government has reviewed and agreed to these, marking a significant step towards reform.

'Allens is pleased to have assisted AJF in its submissions to the Commonwealth Government's Review of Secrecy Provisions. AJF's commitment to leading reform is significant; its independence and the expert perspectives it contributes allow governments to develop informed and well-balanced policy on media freedom,' said Richard Lilly.

The collaboration between AJF and Allens earned the TrustLaw Impact Award for 2024, recognising the project's contribution to demonstrable change and significant outcomes.