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You can find the current article at its original source at http://www.theguardian.com/world/2013/sep/07/australian-spies-police-journalists-attorney-general-mark-dreyfus
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| Mark Dreyfus: Australian spies and police will not intimidate journalists | Mark Dreyfus: Australian spies and police will not intimidate journalists |
| (12 days later) | |
| Australia’s attorney general has assured the Guardian that his country’s security agencies and police will not intimidate journalists in the way the UK’s have. | Australia’s attorney general has assured the Guardian that his country’s security agencies and police will not intimidate journalists in the way the UK’s have. |
| In a letter to Katharine Viner, editor of Guardian Australia, Mark Dreyfus said: “As the minister responsible for the Australian Security Intelligence Organisation and the Australian Federal Police I can assure you that these agencies will continue to act strictly in accordance with their respective mandates and the law. It is no part of the mandate of either ASIO or the AFP to intimidate journalists.” | In a letter to Katharine Viner, editor of Guardian Australia, Mark Dreyfus said: “As the minister responsible for the Australian Security Intelligence Organisation and the Australian Federal Police I can assure you that these agencies will continue to act strictly in accordance with their respective mandates and the law. It is no part of the mandate of either ASIO or the AFP to intimidate journalists.” |
| He added: “It is however the responsibility of ASIO to investigate and prevent threats to security including the investigation and prevention of unauthorised release of classified information into the public domain.” | He added: “It is however the responsibility of ASIO to investigate and prevent threats to security including the investigation and prevention of unauthorised release of classified information into the public domain.” |
| Dreyfus said the media had “an important and legitimate role to play in furthering understanding” of the authorisation of surveillance, "and proposing improvements". He said: “I welcome the Guardian’s participation in the debate in Australia over coming months about the appropriate balance between personal privacy, other rights and liberties, and security needs.” | Dreyfus said the media had “an important and legitimate role to play in furthering understanding” of the authorisation of surveillance, "and proposing improvements". He said: “I welcome the Guardian’s participation in the debate in Australia over coming months about the appropriate balance between personal privacy, other rights and liberties, and security needs.” |
| And he noted that he was proposing to “strengthen and improve the consistency of journalist shield laws” – legal protections for journalists – in Australia. | And he noted that he was proposing to “strengthen and improve the consistency of journalist shield laws” – legal protections for journalists – in Australia. |
| The Guardian wrote earlier this week to key Australian politicians of both main parties to seek their assurance that the incoming government will not intimidate journalists or hamper their work as the paper continues to investigate government surveillance around the world. | The Guardian wrote earlier this week to key Australian politicians of both main parties to seek their assurance that the incoming government will not intimidate journalists or hamper their work as the paper continues to investigate government surveillance around the world. |
| Last month at London's Heathrow airport UK authorities detained David Miranda, the partner of Guardian journalist Glenn Greenwald, who reported for the paper on the revelations made by former US National Security Agency analyst Edward Snowden. | Last month at London's Heathrow airport UK authorities detained David Miranda, the partner of Guardian journalist Glenn Greenwald, who reported for the paper on the revelations made by former US National Security Agency analyst Edward Snowden. |
| It was subsequently revealed that threats of legal action from the British government had led the Guardian to destroy some computer equipment in London. | It was subsequently revealed that threats of legal action from the British government had led the Guardian to destroy some computer equipment in London. |
| "These actions seem at least partly intended to intimidate and deter journalists and those who assist them in their work on this and related matters," Viner’s letter to the politicians noted. | "These actions seem at least partly intended to intimidate and deter journalists and those who assist them in their work on this and related matters," Viner’s letter to the politicians noted. |
| She wrote: "Although anti-terrorism and communications interception laws in Australia are not the same as the laws of the UK and US, the relevant Australian laws are open to misuse unless those responsible are vigilant. In some circumstances, for instance, if certain anti-terrorism provisions are used in relation to a journalist, he or she may be restrained by law from disclosing that fact itself." | She wrote: "Although anti-terrorism and communications interception laws in Australia are not the same as the laws of the UK and US, the relevant Australian laws are open to misuse unless those responsible are vigilant. In some circumstances, for instance, if certain anti-terrorism provisions are used in relation to a journalist, he or she may be restrained by law from disclosing that fact itself." |
| The Guardian’s letter was sent to Dreyfus and his Coalition shadow George Brandis, foreign minister Bob Carr and his opposite number Julie Bishop, defence minister designate Mike Kelly and his Coalition shadow David Johnston, home affairs minister Jason Clare and his Coalition counterpart Michael Keenan, and communications minister Anthony Albanese and his opposite number Malcolm Turnbull. | The Guardian’s letter was sent to Dreyfus and his Coalition shadow George Brandis, foreign minister Bob Carr and his opposite number Julie Bishop, defence minister designate Mike Kelly and his Coalition shadow David Johnston, home affairs minister Jason Clare and his Coalition counterpart Michael Keenan, and communications minister Anthony Albanese and his opposite number Malcolm Turnbull. |
| Dreyfus’s reply is below. The Guardian has not yet received replies from the other politicians. | Dreyfus’s reply is below. The Guardian has not yet received replies from the other politicians. |
| Read the Guardian’s original letter to key Australian politicians here. | Read the Guardian’s original letter to key Australian politicians here. |
| Full text of Mark Dreyfus’s letter | Full text of Mark Dreyfus’s letter |
| Dear Ms Viner, | Dear Ms Viner, |
| Thank you for your letter dated 3 September regarding interaction between employees of The Guardian and agencies of the US and UK governments. | Thank you for your letter dated 3 September regarding interaction between employees of The Guardian and agencies of the US and UK governments. |
| As you would be aware, I have been an active participant in the debate regarding the appropriate use of surveillance powers by Government agencies. In this debate l have sought to publicly explain the strict legal framework for authorisation of surveillance that exists in Australia, as well as the extensive oversight arrangements for Australian agencies that have surveillance powers. I spoke at length about the issue of accountability and oversight of national security agencies at the Security in Government conference in July. | As you would be aware, I have been an active participant in the debate regarding the appropriate use of surveillance powers by Government agencies. In this debate l have sought to publicly explain the strict legal framework for authorisation of surveillance that exists in Australia, as well as the extensive oversight arrangements for Australian agencies that have surveillance powers. I spoke at length about the issue of accountability and oversight of national security agencies at the Security in Government conference in July. |
| The media has an important and legitimate role to play in furthering understanding of this framework, and proposing improvements. I welcome The Guardian’s participation in the debate in Australia over coming months about the appropriate balance between personal privacy, other rights and liberties, and security needs. | The media has an important and legitimate role to play in furthering understanding of this framework, and proposing improvements. I welcome The Guardian’s participation in the debate in Australia over coming months about the appropriate balance between personal privacy, other rights and liberties, and security needs. |
| l note that over the past six years, our Labor Government has strengthened the accountability mechanisms of our intelligence agencies. This strengthening includes the creation of the Independent National Security Legislation Monitor to advise on appropriate checks and balances within counter-terrorism laws. My predecessor as Attorney-General, Nicola Roxon, also established an Independent Reviewer of Adverse Security Assessments. | l note that over the past six years, our Labor Government has strengthened the accountability mechanisms of our intelligence agencies. This strengthening includes the creation of the Independent National Security Legislation Monitor to advise on appropriate checks and balances within counter-terrorism laws. My predecessor as Attorney-General, Nicola Roxon, also established an Independent Reviewer of Adverse Security Assessments. |
| On a related issue, I have committed to taking a proposal to the next Standing Council on Law and Justice meeting, to strengthen and improve the consistency of journalist shield laws in Australia. | On a related issue, I have committed to taking a proposal to the next Standing Council on Law and Justice meeting, to strengthen and improve the consistency of journalist shield laws in Australia. |
| As the Minister responsible for the Australian Security Intelligence Organisation and the Australian Federal Police I can assure you that these agencies will continue to act strictly in accordance with their respective mandates and the law. | As the Minister responsible for the Australian Security Intelligence Organisation and the Australian Federal Police I can assure you that these agencies will continue to act strictly in accordance with their respective mandates and the law. |
| It is no part of the mandate of either ASIO or the AFP to intimidate journalists. It is however the responsibility of ASIO to investigate and prevent threats to security including the investigation and prevention of unauthorised release of classified information into the public domain. | It is no part of the mandate of either ASIO or the AFP to intimidate journalists. It is however the responsibility of ASIO to investigate and prevent threats to security including the investigation and prevention of unauthorised release of classified information into the public domain. |
| Yours sincerely | Yours sincerely |
| Mark Dreyfus QC MP | Mark Dreyfus QC MP |
| CC Director-General of Security, Mr David Irvine | CC Director-General of Security, Mr David Irvine |
| Commissioner of the Australian Federal Police, Commissioner Tony Negus | Commissioner of the Australian Federal Police, Commissioner Tony Negus |
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