In the interests of integrity and accountability, new federal Attorney-General Mark Dreyfus, and his state and territory counterparts, must act swiftly to rebalance the law | EDITORIAL
With barely 30 minutes’ notice given to news organisations, they succeeded in obtaining the order and an injunction from the NSW Supreme Court based on averting a potential “injurious falsehood”. Last week,by the NSW Court of Appeal and the program and accompanying articles were immediately published. They exposed unsafe medical practices by Ajaka, and revolting and dangerous conduct by another practitioner, Dr Ryan Wells.
Ajaka’s courtroom manoeuvres were yet another example of the rich and powerful seeking to stop genuinely motivated, courageous journalism.threatened publication. It amounted to intimidation, and emotional blackmail of third parties – of fellow journalists and other media operatives, of doctors and patients – to get them to hand over information or use their influence to derail the program and publication of adverse articles.
Efforts to hinder are not new, but the court’s initial decision was new and alarming. It would, as the media organisations’ counsel told the court, amount to judges, and the lawyers of alleged wrongdoers, becoming the de facto editors of journalists’ work.Although the NSW Court of Appeal last week found there was “no such power, jurisdiction or authority” in the Supreme Court rules to make the original discovery order, Justice Stephen Rothman, who authorised it, continues to disagree.
That raises serious concerns about judicial discretionary powers. The lawyers who brought the action have been inventive in finding new ways to threaten the work of journalists. An order like the one Ajaka obtained could gravely endanger public interest journalism and jeopardise whistleblowers and confidential sources..
In the interests of integrity and accountability new federal Attorney-General Mark Dreyfus, and his state and territory counterparts, must act swiftly to rebalance the law to make it safer to
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