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,” 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,” 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.”

Public interest protection
In a Foreign Interference Law and Press Freedom briefing paper, Kendall recommended that 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.

“For example, a journalist could be accused of recklessly harming national security when they publish a story that reveals war crimes by members of the Australian Defence Force,” Kendall said.

“Journalists and their sources could face up to 20 years in prison if any part of their conduct was covert, even if they are engaged in legitimate, good faith reporting.”

Kendall said the law’s Preparatory Offence, which carries a potential jail term of 10 years, risked creating a dangerous precedent when combined with the offence of conspiracy.

“This offence can capture the earliest stages of investigative reporting so a discussion between a journalist and source about a potential story on Australian politics could see them charged with conspiring to prepare for foreign interference,” Kendall said.

Foreign Interference Law and Press Freedom is the latest report in UQ Law School’s Press Freedom Policy Papers series, a project aimed at laying the groundwork for widespread reform in laws spanning espionage, whistleblowing and free speech as they affect the media.

Article by AsiaPacificReport.nz

By Kerrie Davies and Willa McDonald in Sydney

In 1886, a year before American journalist Nellie Bly feigned insanity to enter an asylum in New York and became a household name, Catherine Hay Thomson arrived at the entrance of Kew Asylum in Melbourne on “a hot grey morning with a lowering sky”.

Hay Thomson’s two-part article, The Female Side of Kew Asylum for The Argus newspaper revealed the conditions women endured in Melbourne’s public institutions.

Her articles were controversial, engaging, empathetic, and most likely the first known by an Australian female undercover journalist.

READ MORE: 10 days in a madhouse, by Nellie Bly

A ‘female vagabond’
Hay Thomson was accused of being a spy by Kew Asylum’s supervising doctor. The Bulletin called her “the female vagabond”, a reference to Melbourne’s famed undercover reporter of a decade earlier, Julian Thomas.

But she was not after notoriety.

Unlike Bly and her ambitious contemporaries who turned to “stunt journalism” to escape the boredom of the women’s pages – one of the few avenues open to women newspaper writers – Hay Thomson was initially a teacher and ran schools with her mother in Melbourne and Ballarat.

In 1876, she became one of the first female students to sit for the matriculation exam at Melbourne University, though women weren’t allowed to study at the university until 1880.

Going undercover
Hay Thomson’s series for The Argus began in March 1886 with a piece entitled The Inner Life of the Melbourne Hospital. She secured work as an assistant nurse at Melbourne Hospital (now The Royal Melbourne Hospital) which was under scrutiny for high running costs and an abnormally high patient death rate.

Her articles increased the pressure. She observed that the assistant nurses were untrained, worked largely as cleaners for poor pay in unsanitary conditions, slept in overcrowded dormitories and survived on the same food as the patients, which she described in stomach-turning detail.

The hospital linen was dirty, she reported, dinner tins and jugs were washed in the patients’ bathroom where poultices were also made, doctors did not wash their hands between patients.

Writing about a young woman caring for her dying friend, a 21-year-old impoverished single mother, Hay Thomson observed them “clinging together through all fortunes” and added that “no man can say that friendship between women is an impossibility”.

The Argus editorial called for the setting up of a “ladies’ committee” to oversee the cooking and cleaning. Formal nursing training was introduced in Victoria three years later.

Kew Asylum
Hay Thomson’s next series, about women’s treatment in the Kew Asylum, was published in March and April 1886.

Her articles predate Ten Days in a Madhouse written by Nellie Bly (born Elizabeth Cochran) for Joseph Pulitzer’s New York World.

While working in the asylum for a fortnight, Hay Thomson witnessed overcrowding, understaffing, a lack of training, and a need for woman physicians. Most of all, the reporter saw that many in the asylum suffered from institutionalisation rather than illness.

She described “the girl with the lovely hair” who endured chronic ear pain and was believed to be delusional. The writer countered “her pain is most probably real”.

Observing another patient, Hay Thomson wrote:

She requires to be guarded – saved from herself; but at the same time, she requires treatment … I have no hesitation in saying that the kind of treatment she needs is unattainable in Kew Asylum.

The day before the first asylum article was published, Hay Thomson gave evidence to the final sitting of Victoria’s Royal Commission on Asylums for the Insane and Inebriate, pre-empting what was to come in The Argus. Among the Commission’s final recommendations was that a new governing board should supervise appointments and training and appoint “lady physicians” for the female wards.

Suffer the little children
In May 1886, An Infant Asylum written “by a Visitor” was published. The institution was a place where mothers – unwed and impoverished – could reside until their babies were weaned and later adopted out.

Hay Thomson reserved her harshest criticism for the absent fathers:

These women … have to bear the burden unaided, all the weight of shame, remorse, and toil, [while] the other partner in the sin goes scot free.

For another article, Among the Blind: Victorian Asylum and School, she worked as an assistant needlewoman and called for talented music students at the school to be allowed to sit exams.

In A Penitent’s Life in the Magdalen Asylum, Hay Thomson supported nuns’ efforts to help women at the Abbotsford Convent, most of whom were not residents because they were “fallen”, she explained, but for reasons including alcoholism, old age and destitution.

Suffrage and leadership
Hay Thomson helped found the Austral Salon of Women, Literature and the Arts in January 1890 and the National Council of Women of Victoria. Both organisations are still celebrating and campaigning for women.

Throughout, she continued writing, becoming Table Talk magazine’s music and social critic.

In 1899 she became editor of The Sun: An Australian Journal for the Home and Society, which she bought with Evelyn Gough. Hay Thomson also gave a series of lectures titled Women in Politics.

A Melbourne hotel maintains that Hay Thomson’s private residence was secretly on the fourth floor of Collins Street’s Rialto building around this time.

Home and back
After selling The Sun, Hay Thomson returned to her birth city, Glasgow, Scotland, and to a precarious freelance career for English magazines such as Cassell’s.

Despite her own declining fortunes, she brought attention to writer and friend Grace Jennings Carmichael’s three young sons, who had been stranded in a Northampton poorhouse for six years following their mother’s death from pneumonia.

After Hay Thomson’s article in The Argus, the Victorian government granted them free passage home.

Hay Thomson eschewed the conformity of marriage but tied the knot back in Melbourne in 1918, aged 72. The wedding at the Women Writer’s Club to Thomas Floyd Legge, culminated “a romance of 40 years ago”. Mrs Legge, as she became, died in Cheltenham in 1928, only nine years later.

Dr Kerrie Davies is a lecturer in the School of the Arts & Media, UNSW, and Dr Willa McDonald is a senior lecturer at Macquarie University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Article by AsiaPacificReport.nz

BOOK REVIEW: By Bambang Muryanto in Yogyakarta

A Dutch freelance journalist, Rohan (a pen name), had been interested in the political turmoil in Papua for years. In 2015, his application for a journalistic visa was denied. The 32-year-old then decided to embark on an undercover reporting assignment in the country’s easternmost province.

For 153 days, he observed the way local people lived, met with leaders of the pro-independence Free Papua Movement (OPM) in the jungle, enjoyed the beauty of Papua’s nature and met Aprila Russiana Amelia Wayar, or Emil, a local journalist who later became his girlfriend.

It was Emil who wrote about Rohan’s adventures in Papua and their love story in the novel Sentuh Papua, 1500 Miles, 153 Hari, Satu Cinta (Touch Papua, 1500 Miles, 153 Days, One Love).

In the novel, Rohan’s character said foreign media agencies in Jakarta refused to publish his report on Papua, worrying that the government would revoke the visas of their Jakarta correspondents.

Emil recently launched her 374-page novel in a discussion forum organised by the Alliance of Independent Journalists’ (AJI) Yogyakarta chapter and the Yogyakarta Legal Aid Institute (LBH).

Emil has been in Yogyakarta since early this year to publish the book. She chose Yogyakarta because she had spent time there as a student at Duta Wacana Christian University (UKDW).

-Partners-

The 38-year-old author said she initially intended to write a journalistic piece that was rich in data and interviews. She used the character of Rohan to describe the lack of press freedom in Papua, human rights violations in the province and challenges to OPM’s quest for self-determination.

‘Easier to understand’
“I then chose [to write a] novel to make it easier for Papuans and Indonesians to understand the [province’s] issues,” she said.

Through the book, Emil, who used to work for independent media platform Tabloid Jubi, was determined to represent the other side of Papua’s story vis-a-vis mainstream reporting on the province, which she deemed mostly biased.

She said many journalists covering cases of human rights abuses in Papua only interviewed security personnel and neglected the victims.

“Journalists writing about Papua have to cover both sides,” she said.

However, she realised both the challenge and risks that come with reporting Papua as a journalist, as she herself often received threats and harassment while doing her job.

In her book, the characters Rohan and Amelia, who is based on herself, are chased by a group of people armed with machetes.

According to Reporters Sans Frontier’s (RSF) latest World Press Freedom Index, Indonesia ranks 124th out of 180 countries – the same position as last year.

Open access promise
The Paris-based group highlighted the restriction of media access to Papua and West Papua as a factor that has kept Southeast Asia’s largest democracy at the bottom of the list.

The condition prevails despite President Joko “Jokowi” Widodo’s campaign promises to open access to Papua for foreign journalists.

Meanwhile, the Indonesian Press Council categorised Papua and West Papua as “medium/relatively free” in its 2017 press freedom index.

Yogyakarta-based lawyer Emmanuel Gobay said Emil’s book, despite being published as fiction, was a good reference for those who want to understand Papua from both the local and professional perspective.

“This novel reflects the state of press freedom in Papua,” he said.

The novel, which Emil wrote in eight months, is her third after Mawar Hitam Tanpa Akar (Black Rose Without Its Stem) and Dua Perempuan (Two Women), both of which told stories about social issues in Papua.

Emil was the first indigenous Papuan novelist invited to the Ubud Writers and Readers Festival (UWRF) in Bali in 2012. She plans to write a fourth book in the Netherlands, where she is currently undergoing medical treatment for a heart condition.

Bambang Muryanto is a Jakarta Post journalist and an Alliance of Independent Journalists (AJI) advocate.

Article by AsiaPacificReport.nz