The following is from the Australian Media Entertainment and Arts Alliance:
Press Freedom Alert: Australia
23 August 2005

Journalists Charged With Contempt

Two [Melbourne] Herald-Sun journalists will be formally charged with contempt after refusing to name their source before the Chief Judge Michael Rozenes of the Melbourne County Court. The Alliance condemns this attack against press freedom.

The Director of Public Prosecutions is expected to formally charge Herald-Sun journalists Michael Harvey and Gerard McManus within 48 hours. The hearing is expected to be held in a fortnight.

During yesterday’s hearing of the prosecution of Desmond Patrick Kelly for leaking Government information, the two Canberra-based journalists refused to provide information that would reveal the identity of their source. "It is yet another overt attempt by the Government to save face by intimidating journalists and whistle blowers," said Alliance federal secretary Christopher Warren.

"Journalists have an ethical obligation to protect their sources. Without this protection potential whistleblowers would not leak vital information in the public interest.

"In this particular case there is no threat to national security. It is just a case of the Government trying to minimise its embarrassment."

In February last year Harvey and McManus exposed Government plans to reject a promised $500 million boost to war veterans’ pension benefits.

Following the article’s publication, Kelly was charged under the Commonwealth Crimes Act.In the preliminary hearing McManus refused to answer when asked whether he knew Kelly on the grounds it could incriminate him. The prosecution agreed to grant the pair immunity, thus setting them up for contempt charges if they failed to give evidence in yesterday’s hearing.

The Alliance calls on the Australian people to write to the Prime Minister, Attorney General and Director of Public Prosecutions urging all steps be taken to prevent the prosecutions from going ahead.

"This case is a perfect example how the public interest and democracy is served when journalists have access to sensitive information," said Warren.

"Without the right to protect sources it will be close to impossible for journalists to hold authority accountable for actions it would prefer to keep behind closed doors."

Write now to:
The Hon John Howard MP
Prime Minister
Parliament House
CANBERRA ACT 2600

The Hon Philip Ruddock MP
The Attorney-General’s Office
Suite MF 21
Parliament House
CANBERRA, ACT 2600

Damian Bugg Q.C
Commonwealth DPP
GPO Box 3104
CANBERRA ACT 2601