As a platform for open and constructive expression and engagement, Bluepepper shares the international community's grave concerns for the future of Australian democracy in light of the recent AFP raids on the home of a Murdoch journalist and the headquarters of the ABC. That there seems to be an element of vindictiveness in the actions of the AFP is highlighted by the fact that the raids weren't conducted for more than a year after the "offending" stories were published and broadcast. If either story posed such a threat to national security and our standing in the Five Eyes, then why not greater urgency in executing the warrants? Peter Dutton, the Federal Home Affairs Minister, ducked and weaved when this question was put to him, leaving Bluepepper with the distinct impression that the law sits very low on his list of priorities. You would think this a strange attitude from an ex-member of the Queensland Police Force, but perhaps some of our colleagues north of the Tweed could cure us of our misconceptions.
One positive result of the AFP raids was to bring the Murdoch Press and the ABC together in a united voice of outrage and despair at this judicial overreach. Both organisations have justified cause for concern, especially after the acting AFP Director, Neil Gaughan, mooted possible custodial sentences for the journalists involved. This is a worrying precedent, and one against which Australian journalists and media organisations are almost powerless to act without urgent legislation or an amendment to the constitution. As things stand, freedom of the press is merely "implied" as a pillar of this country's free and functioning democracy.
It cannot be stressed enough at this juncture that Australia is the ONLY modern liberal democracy where such actions as last week's AFP raid are legally permitted. All people everywhere who believe in a free and open democracy should take a moment to reflect on this fact. Laws matter. The laws that our parliaments enact matter and can have enduring and largely unforseen consequences down the track without due diligence by said lawmakers, not to mention rigorous scrutiny by the Fourth Estate.
It may, therefore, be appropriate at this point to highlight the fact that for more than a decade the Murdoch press has been a vocal critic of attempts to introduce a Bill of Rights in this country. Their arguments against such change strike Bluepepper as rather opaque, but in essence the Murdoch argument has been that a Bill of Rights would represent a vote of no confidence in Australia's parliaments and the traditions in which individual rights (so they argued until last week) are enshrined. The AFP raids show such faith to be on very shaky ground indeed. Custom is not law, and in the face of the kind of judicial over reach the world has just witnessed in Australia this point also cannot be stressed enough. Arguments that a Bill of Rights would politicise our judiciary also appear moot in the light of recent events.
Of course, there is a risk with any legislation that it will in fact limit rights in the very act of guaranteeing them. This strikes Bluepepper as a legitimate concern, but we believe the only way to mitigate such failures is to open a full and frank discussion now on the subject with input from all Australians in every corner of the country. We pride ourselves that as a nation we are always able to pull together in a crisis. Well, Bluepepper suggests we are facing a crisis of the first magnitude right here right now. It is an existential crisis with the same generational implications as the crisis of climate change, and we find ourselves in both these cases at a juncture in the modern history of this country. Bluepepper believes we will be judged by our actions (or lack thereof) by future generations. The status quo has proved itself manifestly inadequate. People should not be deterred by arcane matters of law. The issues, we believe, are fundamental and fairly straightforward. Certain rights that are currently only implied in our constitution need to be enshrined as a matter of urgency in order to prevent such incidents as last week's raids ever taking place again. Power must be open to scrutiny or all the laws of the land are a dead letter.
Bluepepper accepts that in penning this editorial there could be consequences down the track. We accept this in the spirit of one largely flying blind. However, we implore anyone commenting on recent events to choose their words carefully until we all have a clearer idea of where exactly we stand in the eyes of the law. Bluepepper believes that all the journalists and editors involved in this sorry episode acted in good faith and in the best interests of their readers and of their country. If the Prime Minister and his Cabinet believe they govern in the interests of their much-touted "silent majority", then they have won this fight. Bluepepper cannot in all good conscience sit back silently and let that happen.
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