Antinuclear

Chilling attack on democracy’: proposed Asio powers could be used against journalists  Environmental and human rights groups could also be targeted under a new government bill, legal experts argue, Daniel Hurst,Guardian  @danielhurstbne

Tue 20 Oct 2020  Journalists and advocacy groups could face compulsory questioning by Asio as part of a proposed expansion of the spy agency’s powers, according to external legal advice prepared by leading barristers.With senior officials of Asio due to give evidence to Senate estimates hearings on Tuesday, the new advice seen by Guardian Australia argues a bill before parliament to extend the reach of questioning powers could have a “chilling effect” on the willingness of people to speak to journalists.

It also argues some of the work of civil society organisations – especially those involved in environmental and human rights advocacy – may be caught by the broad definition of “acts of foreign interference” because it includes clandestine acts that “are otherwise detrimental to the interests of Australia”.

Members of civil society groups could face potential questioning and the use of tracking devices, according to the advice commissioned by progressive group GetUp and prepared by Sydney-based barrister Dominic Villa SC – an expert in public and administrative law – and fellow barrister Diana Tang, both of New Chambers.

The government’s bill – which is currently being scrutinised by parliament’s intelligence committee – would expand the range of matters that are subject to compulsory questioning powers beyond terrorism-related matters.

The changes would allow the agency to question adults over espionage and foreign interference, amid warnings from Asio that there are now mores spies and proxies operating in Australia than at the height of the cold war………

“Despite well-recognised professional and ethical obligations of a journalist to maintain anonymity and confidentiality of a source, if so questioned under a warrant, a journalist would be required to disclose the identity of a confidential source.”

The advice says there is no exception or exclusion provided for in the bill that would enable a journalist to refuse to answer a question on the basis it would reveal a confidential source.

“There may therefore be a chilling effect on the willingness of people to speak to journalists about issues of political significance, including security matters and foreign relations.”

Villa and Tang argue the proposed laws may also “undermine the important role played by civil society organisations in holding government to account”, partly because a “foreign power” is defined to include “a foreign political organisation”.

The advice argues civil society organisations operating in Australia may “collaborate with or receive support from a foreign political organisation that shares a common interest or objective, in their advocacy campaigns”……… https://www.theguardian.com/media/2020/oct/20/chilling-attack-on-democracy-proposed-asio-powers-could-be-used-against-journalists