2010-12-01 Greg Barns: Australian complicity in stifling Assange

Greg Barns, director of the Australian Lawyers Alliance, writes for ABC News on the Australian government's decision to look into criminal charges against Julian Assange:

"Mr. McClelland’s decision amounts to little more than posturing. This is because Mr. Assange would appear to have committed no crime under Australia’s suite of laws on disclosure of sensitive state information.

The reality is that the Australian Federal Police can do nothing about an Australian citizen who is running a website out of Sweden which is the repository for American diplomatic cables. And Australia, unlike the UK, does not have an official secrets law. It has scattered throughout the Commonwealth statute books provisions relating to the unauthorised disclosure of information that relates to national security by employees, contractors and the like.

In any event, the current legal thinking in the UK and other common law countries is that leaking sensitive information per se is not necessarily an offence. The law respects the right to freedom of expression and simply because the leaked material embarrasses a government does not mean that a criminal offence has been committed.[...] The Gillard government and the Coalition also need to tread carefully in wanting to strip Mr Assange of his passport simply because they do not like the fact that he is embarrassing an ally.[...]

Julian Assange is an Australian citizen who does not deserve to be harassed by the Australian government, he has done nothing wrong."
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