The Protection of Journalists’ Sources Bill would firstly modify the Evidence Act so that investigative journalists as well as beat reporters would be explicitly protected from being quizzed in court about their sources. Secondly, it would make numerous changes to the Search and Surveillance Act to impose procedural safeguards for journalists, requiring warrants and production orders against them or which attempt to identify their sources to be issued by judges, explicitly requiring police to inform judges when they target journalists or sources, and requiring journalists to be notified of any production order (e.g. for phone, bank or travel records) against them or their sources so it can be challenged. It would also impose a general duty on everyone exercising powers under the Search and Surveillance Act, from judges and issuing officers down to the plods enforcing a search warrant to protect journalistic privilege. All of which creates opportunities for an invasion of privilege to be challenged and overturned.
The one thing that is missing is a change to the definition of "news activity" in the Privacy Act 2020 to ensure that investigative journalists are also protected under that Act and close the loophole exploited by the police and GCSB to access David Fisher's work on Kim Dotcom. Its an omnibus bill, and this would absolutely be consistent with its purpose.
This bill is desperately needed, and the sooner it is drawn from the ballot, the better. Alternatively, it seems like it would be a great opportunity for opposition MPs to show their commitment to freedom of the press by signing up to support it.