Wikileaks threatens Conroy with criminal prosecution

By Stan Beer
Friday, 20 March 2009 10:10

Opinion and Analysis

Anti-censorship site Wikileaks has threatened Australian Communications Minister Senator Stephen Conroy with criminal prosecution if he attempts to discover the source of its leaked Australian Internet blacklist. Wikileaks says that under Swedish law it is a criminal offence to try to breach confidentiality agreements between the press and sources.

Senator Conroy yesterday issued a statement in response to the release of the Australian Internet censorship list by Wikileaks, saying that his department, "is investigating this matter and is considering a range of possible actions it may take including referral to the Australian Federal Police. Any Australian involved in making this content publicly available would be at serious risk of criminal prosecution."

Describing Senator Conroy as the person "responsible for Australian Internet censorship", Jay Lim, the legal adviser of Wikileaks publisher Sunshine Press stated:

"Under the Swedish Constitution's Press Freedom Act, the right of a confidential press source to anonymity is protected, and criminal penalties apply to anyone acting to breach that right.

"Source documents are received in Sweden and published from Sweden so as to derive maximum benefit from this legal protection.

"Should the Senator or anyone else attempt to discover our source we will refer the matter to the Constitutional Police for prosecution, and if necessary, ask that the Senator and anyone else involved be extradited to face justice for breaching fundamental rights."

Referring to a precedent case earlier this year, Wikileaks stated:

"Senator Conroy may wish to consider the position of the South African Competition Commission, which decided to cancel its own high profile leak investigation in January after being advised of the legal ramifications of interfering with Sunshine Press sources."