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Australian Shield Laws

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With more and more wealthy Australians bringing journalists and publishers to court to demand the revelation of sources shield laws are becoming increasingly important. Shield laws can be defined as an array of laws that offer protection to journalists or other communicators who otherwise face a disobedient contempt charge for refusing to reveal a confidential source. In particular, with the introduction of shield laws in Western Australia journalists’ professional ethics have taken priority over the demands of the law. Although these shield laws provide some protection for journalists and their informants in WA there are still some weaknesses in terms of how these laws are interpreted in court. Furthermore, shield laws are significant in maintaining …show more content…

In particular, sustaining the right to protect sources. These ethics are important to journalists as it creates this trust between contacts and journalists allowing for significant public interest stories to break. This can be depicted in the case mentioned before between Steve Pennells and Gina Rinehart. When Pennells won this case Justice Pritchard outlined that the disclosure of the source would constitute a breach of a fundamental ethical obligation of journalists’ to not disclose sources. This judgement was encouraging for journalists as it defended the importance of their ethical obligations, specifically the right to protect sources and the right for sources to trust journalists with information they gave them confidentially. Without this trust between journalists’ and sources many public interest stories would not arise as it means that sources with genuine public interest concerns about corruption and abuses of power will think twice before contacting a journalist. They would also not arise due to journalists’ fears of either having to reveal confidential information or face dire consequences for not disclosing these private details. This can be portrayed in 2012 as Fairfax journalists, Nick Mckenzie, Richard Baker and Philip Dorling were ordered by the NSW Supreme Court to reveal to a Chinese-Australian businesswoman their confidential sources for a series of stories on her relationship with a federal Labor MP. To expand on this story further The Age published two articles alleging Ms Liu paid Joel Fitzgibbon $150,000 as part of ''a campaign to cultivate him as an agent of political and business influence’'. The articles were supported by quotes from 135 pages of documents said to be her personal and business records, including a list of ''money paid'' for unstated purposes to 22 people, including Mr Fitzgibbons. This required that the

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