Senate debates

Thursday, 23 March 2023

Statements by Senators

Media

1:40 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | | Hansard source

I rise today to speak on the recent reporting of the arrest of an Australian soldier for alleged crimes in Afghanistan. I'm not rising to speak on the conduct of the soldier or any of the allegations. I'm rising to express my disappointment that this young man's name and photograph have been splashed around in newspapers and on 9News articles. I'm worried that this very public process is denying this young man procedural fairness and natural justice. Too frequently we see the reputations of current and former soldiers dragged through the public domain with little to no regard for their welfare, let alone that of their families. The media and relevant authorities should factor in the threat this poses to the immediate family members. What if extremists here decided to target family members of the accused? If you join the SAS, you are told your identity will be shielded from the public for life. If these young men have a case to answer, I have no doubt they will. But that is for the courts to decide, not for the media pack. I want to appeal directly to the Australian media and ask them to show some restraint when they are reporting this story and any further ones to come. Surely the memory of the collapse of the Brittany Higgins trial can't be far from your minds. Wake up!

Then in February this year, in the kidnapping case of four-year-old Cleo Smith, Channel 9 came very close to being in contempt of court after airing material that could have prejudiced the judge's consideration. According to legal experts, there only needs to be evidence a story—a newspaper article or a social media post, for you media personnel out there who don't know this—could affect the thinking of jurors in their deliberations. Actual proof that it did, in fact, influence jurors is not required. Contempt-of-court laws are designed to ensure that everyone gets a fair trial. There have been calls from the legal profession for a review of the contempt-of-court laws now for 30 years. Let's get it done.