Court rejects Rinehart’s bid to force journalist to reveal sources
A West Australian court has ruled against mining billionaire Gina Rinehart in her attempts to force journalist Steve Pennells to reveal his sources.
Late yesterday Justice Janine Pritchard rule that Western Australia’s shield laws protected the senior journalist at The West Australian from being force to divulge his confidential sources and information.
In the wake of the decision Pennells tweeted: “Long story short: we won! Unbelievable judgment.”
“Thanks to everyone for all their amazing support over the last 18 months. Now I need a beer.”
Rinehart’s lawyers had argued that the information was needed for arbitration on other court matters. The mining magnate launched court action against Pennells and also Fairfax journalist Adele Ferguson, however both refused to provide the information citing ethical grounds requiring them to protect their sources.
The Media, Entertainment & Arts Alliance (MEAA), the union which represents journalists welcomed the decision but maintained its position that Australia needs uniform shield laws to ensure that people with powerful interests did not go “jurisdiction shopping” and that journalists were assured of protecting confidential sources.
MEAA federal secretary Christopher Warren said: “The court’s decision underscores the need to acknowledge and respect journalist privilege in relation to the journalists’ ethical requirement to refuse to disclose their confidential sources. But it is a principle that still needs to be properly enshrined in law.”
“It is outrageous that, even with shield laws in place, Steve Pennells was forced through a very lengthy, expensive and stressful series of court procedures before this decision reiterated the position of the law.”
Warren said there was a “deficiency” in the current set of state based shield laws. “There is a deficiency in Australia’s shield laws if powerful people can still threaten to drag journalists through court procedures in an effort to disclose information which they know the journalists is ethically required never to divulge.”
Senior Fairfax journalist Adele Ferguson is still awaiting the court’s decision on the legal action launched by Rinehart.
Rinehart currently owns about 15 per cent of Fairfax Media but is not on the board.
Nic Christensen
This is a victory for all journalists and a free press.
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Brilliant news and what a great judgment!
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Given the laws that protect journalist sources, “Unbelievable judgment” seems a strange reaction from Pennells. In the circumstances, it’s entirely believable!
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