Full transcript – IPA appearance at Senate inquiry into media regulation

Here is the complete transcript from the Hansard transcript of proceedings for the IPA’s appearance before the Senate Environment and Communications Legislation Committee inquiry into the News Media Reform Package 2013. The IPA’s Chris Berg and Simon Breheny appeared to give evidence before the inquiry on 19 March 2013.

BERG, Mr Chris, Director, Policy, Institute of Public Affairs

BREHENY, Mr Simon, Director, Legal Rights Project, Institute of Public Affairs

[15.31]

CHAIR:  I welcome representatives from the Institute of Public Affairs. Thank you for talking to us today. Do you wish to make a brief opening statement before we go to questions?

Mr Breheny:  Yes, please. The news media reform package 2013 is nothing less than an attack on freedom of speech and freedom of the press in Australia. It is absurd to claim that the government could institute a regulator to regulate media self-regulators like the Australian Press Council and pretend that doing so would not constitute substantial new government oversight of the free press. This is a fundamental conceptual error with very disturbing consequences and, in our view, government oversight of the press is unacceptable in a liberal democracy. The government has no business deciding what constitutes fairness or balance in a media whose job it is to hold them to account. That ought to be a bedrock principle accepted by all sides of political debate. Continue Reading →

IPA condemns attack on right to silence

“Moves by the New South Wales government to remove the right to silence in the state are an outrageous attack on fundamental legal rights,” said Simon Breheny, director of the Legal Rights Project at free market think tank the Institute of Public Affairs.

Last night, the Evidence Amendment (Evidence of Silence) Bill 2013 passed the Legislative Council with the support of the Shooters and Fishers Party. The bill allows “unfavourable inferences” to be drawn by a jury where a defendant fails or refuses to answer questions when interviewed by police, and then later relies on information that was not produced during questioning.

“The right to silence is a key pillar of our legal system, developed over more than 400 years of English common law. Removing it undermines procedural fairness and creates an unjust legal system. The freedom to remain silent is a vital safeguard against state tyranny and it should never be removed.

“Judges can already instruct juries to draw adverse inferences in certain cases where defendants fail to assist police investigations, so there is no justification for any erosion of the right to silence.

“Fundamental legal rights must not be tampered with.

“The New South Wales government should recognise their mistake and reverse what they have done.

“This is just the latest attempt by Australian governments of all political stripes to remove basic legal rights, such as the right to silence, the presumption of innocence and the privilege against self-incrimination,” said Mr Breheny.

For media and comment: Simon Breheny Director, Legal Rights Project, 0400 967 382

IPA welcomes dumping of media laws

“The Gillard government’s decision to abandon its proposal to regulate the media is a victory for freedom of speech in Australia,” said Chris Berg, director of policy at free market think tank the Institute of Public Affairs.

“The media regulation package represented bad law and would have imposed government restrictions on Australia’s news media outlets.

“The critical reaction from the public over these proposals should serve as a warning to governments on both sides of the political aisle that freedom of speech must not be trampled on,” said Mr Berg.

For media and comment: Chris Berg, Director, Policy, 0402 257 681, cberg@ipa.org.au

How the battle was won

The Gillard government’s anti-discrimination laws weren’t defeated by accident:

First they came for the 16 year old kids

This is why giving police arbitrary and excessive powers are a bad idea:

Police have conceded they wrongly charged a Sydney boy under Australia’s toughest anti-bikie powers.

The 16-year-old, who lives with his grandfather after a period of homelessness, faced the prospect of up to two years in juvenile detention for the offence of consorting.

The legislation, outlawing repeated communication with convicted criminals, was introduced in New South Wales a year ago to target bikies and organised crime groups.

But the boy, who cannot be named for legal reasons, is the latest in a growing list of disadvantaged people to be targeted under the laws.

He was picked up by police in January for having a meal with a 16-year-old friend at a fast food outlet in Parramatta. Both boys had criminal histories.

The case fell apart because prosecutors could not show he had consorted with two people with criminal records, when they had only shown he’d consorted with one. That’s no comfort however. As I explained in the Drum last year, anti-consorting laws are a victory of law-and-order-toughness over common sense and individual liberty.

So it’s no surprise that there is confusion among police and prosecutors about what would be a breach of consorting laws: they make mere association with another person illegal.

Young Labor slams Conroy’s “reforms”

Full credit to the federal president of Young Labor who had this important article ($) in The Australian today on why the ALP should defend free speech, not attack it:

In his crusade to ensure government regulation and oversight of media content, Communications Minister Stephen Conroy is pursuing a regulatory act that would breach fundamentally the liberal ideal of a free press.

Conroy has put freedom of speech and the independence of the press as an election issue, which the Coalition can seek to capitalise on in September if the ALP does not reverse its position on this more draconian element of the reform package. For the many members of the Labor Party at a youth level who are strong advocates of civil liberties, the abridgment of these freedoms should never be an election issue but protected by Labor governments.

Janet Albrechtsen on media regulation

A fantastic column in The Australian today from Janet Albrechtsen on the left’s hostility to free speech:

INADVERTENTLY, Stephen Conroy has done us a favour. His arrogant attempt to regulate the content of newspapers reminds us that free speech and a free press can never be taken for granted. He has also reminded us how the Left will use nice-sounding language to hide a radical agenda.

His Public Interest Media Advocate is code for a government-appointed bureaucrat empowered to impose a political interest test when regulating the content of newspapers.

The Minister for Communications has also usefully debunked the claim that there is no longer a Left and Right in this country. Remember the mantra of many on the Left not so long ago that such distinctions were meaningless. While correct on some fronts, it’s wrong on the freedom front. While not every member of the Left supports Conroy’s attempt to muzzle the media, the silence of so many within Labor is telling. This dark episode is a stellar lesson of the Left’s illiberal DNA.

Thanks are also due to Nicola Roxon as she takes her leave from the federal parliament.

Her equally misguided attempt to set boundaries around speech pursuant to her Human Rights and Anti-Discrimination Bill is another example of what many members of the Left will do if given the chance.

The article is sadly behind The Australian‘s paywall here – and shows exactly why you should subscribe!

Media release: Gillard backdown on anti-discrimination laws a victory for free speech

media-release-web

The Institute of Public Affairs, the organisation that led the public campaign against the Gillard government’s proposed changes to anti-discrimination laws, said today that the decision to withdraw the legislation was a victory for freedom of speech in Australia.

The Australian newspaper is this morning reporting that the government will not be proceeding with the draft Human Rights and Anti-Discrimination Bill 2012. Attorney-General Mark Dreyfus confirmed the backdown last night.

“This is a huge win for freedom of speech” said Simon Breheny, director of the Legal Rights Project at the IPA.

“The idea that the Gillard government would try to make it against the law to offend someone because of their political opinion was outrageous.

“Once the Australian people understood what was at stake it became clear that the community would not tolerate this sort of attack on the fundamental principle of freedom of speech.

“The outrageous threat to freedom of speech was just one of many problems contained in the draft bill.

“Other fundamental problems included reversing the burden of proof for cases of alleged discrimination and an entire regime designed to make it easier for complainants to sue.

“The IPA has always argued the draft bill could not be cured with amendments. The government’s decision to withdraw the bill is an admission we were right,” said Mr Breheny.

The IPA was the first organisation to raise concerns about the freedom of speech implications of the proposed laws. “Proposed Law A Further Attack on Free Speech” by Simon Breheny was published in The Australian on 23 November 2012, the same week the draft laws were released.

 

For media and comment:

Simon Breheny, Director, Legal Rights Project, 0400 967 382

Chris Berg, Director, Policy, 0402 257 681