Journalists exposed to prosecution under Foreign Interference Act

Journalists may face decades in prison for 'foreign interference' offences unless urgent changes are made to Australia's national security laws, according to a University of Queensland researcher. PhD candidate Sarah Kendall from UQ's School of Law warned that reporting on issues relating to Australian politics, national security or international relations while working with overseas media organisations could place journalists at risk of criminal prosecution under the Espionage and Foreign Interference Act 2018 . "The law could apply to any journalist, staff member or source who works for or collaborates with foreign-controlled media organisations," Ms Kendall said. "There could also be repercussions for journalists working overseas, as any news published in Australia is subject to these laws." The Espionage and Foreign Interference Act 2018 covers nine foreign interference offences, with penalties ranging from 10 to 20 years imprisonment. "While these offences require some part of the person's conduct to be covert or involve deception, this does not exclude legitimate journalistic activities," Ms Kendall said. "Journalists could be acting covertly whenever they liaise with a confidential source using encrypted technologies or engage in undercover work using hidden cameras." In a Foreign Interference Law & Press Freedom briefing paper, Ms Kendall recommended the government introduce an occupation-specific exemption to protect journalists working in the public interest. The paper argues that the scope of offences be narrowed to remove "recklessness" and "prejudice to Australia's national security" as punishable elements.