Evaluating the Merits of Queensland's New Shield Law: Reform Lessons for the Rest of Australia

Evaluating the Merits of Queensland's New Shield Law: Reform Lessons for the Rest of Australia

This article provides the first comprehensive analysis of Queensland’s new ‘journalist privilege’ provisions (or ‘shield law’), introduced into Div 2B of the Evidence Act 1977 (Qld) in 2022, and evaluates the merits of these provisions against comparable legislation in other jurisdictions. This article aims to inform law reform to protect press freedom by recommending that shield laws across Australia be amended to adopt the favourable aspects of Queensland’s new shield law. Conversely, the article also argues that the shortfalls in Queensland’s own shield law, and the shield laws of other jurisdictions, can be rectified by incorporating into them the beneficial features of shield laws nationwide. Doing so would produce a uniform and exemplar shield law which provides uniform protections in all Australian jurisdictions.

Lukacs, Adam

The University of Queensland Law Journal; Forthcoming Articles

1839-289X

0083-4041

The University of Queensland School of Law

2023-05-29

Copyright (c) 2023 The University of Queensland Law Journal

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Peer-reviewed Article