Knight wants more work on Whistle-blower Act

THE PROPOSED Whistle-blower Act appears unlikely to provide cover for journalists to fight against corruption.

Members agonised over the issue at Thursday's sitting of the joint select committee examining the proposed law.

Opposition Senator K.D. Knight and his government colleague from the Lower House, Clive Mullings, expressed concern that the media may not enjoy qualified privilege in helping to blow the whistle on corrupt persons. They argued strongly for amendments to the proposed law.

"A great part of the fight against corruption is going to be publication, and the media must play that role," Knight said.

He told the parliamentary committee: "If the media are going to find that they are subject to suits and claims of defamation, they are going to resile from it or be coy about doing it."

Qualified privilege refers to legal defence extended to individuals, such as journalists and parliamentarians, to utter or report statements under set conditions.

several conditions

Under the proposed Whistle-blower Act, persons may qualify for protection if it is reasonable, in all the circumstances of the case, to make the disclosure, which must have regard to several conditions.

These conditions include the seriousness of the improper conduct disclosed and whether the improper conduct is continuing or likely to occur in the future.

It also says that regard should be given to whether the disclosure is made in breach of duty of confidentiality of the employer towards any other persons.

Senior legal counsel in the attorney-general's office, Dr Eileen Boxhill, opined that journalists may be protected by qualified privilege under the act.

"I would think that it would. Once these conditions are met, then the protection is triggered," Boxhill said.

Meanwhile, Mullings said that the draft legislation placed tremendous burden on the media to obtain qualified privilege even though they may be acting in the public interest.

However, Albert Edwards, chief parliamentary counsel, said the test to determine qualified privilege was not whether all the strictures were observed, but rather that consideration should be given to them.

But Knight contested that claim, saying the law must be upheld on every point.

Consideration on the proposed legislation will continue next Thursday, at which time members are expected to focus on the proposed penalty for breaching the Whistle-blower Act.