C0668
声明内容
“Introduced new laws which mean Edward Snowden type leaks are punishable by up to 10 years of prison. No exemptions are made for anti-corruption leaks. If journalists report on anyone (including innocent bystanders) being killed accidentally or deliberately by security personnel, they will be jailed for up to 10 years.”
原始来源： Matthew Davis
分析时间： 31 Jan 2026
原始来源
✅ 事实核查
The The Coalition Coalition government government did did introduce introduce the the National National Security Security Legislation Legislation Amendment Amendment Act Act ( ( No No . . 1 1 ) ) 2014 2014 , , which which included included Section Section 35P 35P creating creating new new disclosure disclosure offences offences related related to to ASIO ASIO " " Special Special Intelligence Intelligence Operations Operations " " ( ( SIOs SIOs ) ) [ [ 1 1 ] ] . . The The offences offences established established : :
The Coalition government did introduce the National Security Legislation Amendment Act (No. 1) 2014, which included Section 35P creating new disclosure offences related to ASIO "Special Intelligence Operations" (SIOs) [1].
- - * * * * 5 5 years years imprisonment imprisonment * * * * for for disclosing disclosing information information relating relating to to an an SIO SIO ( ( Section Section 35P 35P ( ( 1 1 ) ) ) ) [ [ 2 2 ] ] The offences established:
- **5 years imprisonment** for disclosing information relating to an SIO (Section 35P(1)) [2]
- **10 years imprisonment** for aggravated disclosure where the disclosure endangers health/safety or prejudices an SIO (Section 35P(2)) [2]
The claim accurately describes the maximum penalties.
- - * * * * 10 10 years years imprisonment imprisonment * * * * for for aggravated aggravated disclosure disclosure where where the the disclosure disclosure endangers endangers health health / / safety safety or or prejudices prejudices an an SIO SIO ( ( Section Section 35P 35P ( ( 2 2 ) ) ) ) [ [ 2 2 ] ] According to The Conversation's legal analysis, the offences apply to "any person, not just intelligence officers or government contractors" and critically, "There is no exemption for information disclosed in the public interest" [1].
The The claim claim accurately accurately describes describes the the maximum maximum penalties penalties . . According According to to The The Conversation Conversation ' ' s s legal legal analysis analysis , , the the offences offences apply apply to to " " any any person person , , not not just just intelligence intelligence officers officers or or government government contractors contractors " " and and critically critically , , " " There There is is no no exemption exemption for for information information disclosed disclosed in in the the public public interest interest " " [ [ 1 1 ] ] . . This This confirms confirms the the claim claim ' ' s s assertion assertion that that no no anti anti - - corruption corruption exemptions exemptions were were included included . . This confirms the claim's assertion that no anti-corruption exemptions were included.
However However , , the the claim claim ' ' s s framing framing about about " " Edward Edward Snowden Snowden type type leaks leaks " " is is partially partially inaccurate inaccurate . . Section Section 35P 35P was was specifically specifically designed designed to to protect protect SIO SIO secrecy secrecy , , not not primarily primarily to to target target whistleblowing whistleblowing about about general general intelligence intelligence activities activities [ [ 1 1 ] ] . . Separate Separate provisions provisions in in Schedule Schedule 6 6 of of the the same same Act Act were were the the actual actual " " anti anti - - whistleblower whistleblower " " measures measures targeting targeting intelligence intelligence officers officers who who disclose disclose classified classified information information [ [ 1 1 ] ] . . However, the claim's framing about "Edward Snowden type leaks" is partially inaccurate.
The The Law Law Council Council of of Australia Australia confirmed confirmed in in their their 2015 2015 submission submission to to the the Independent Independent National National Security Security Legislation Legislation Monitor Monitor ( ( INSLM INSLM ) ) that that " " The The effect effect of of the the provisions provisions is is that that nothing nothing can can be be disclosed disclosed publicly publicly about about a a SIO SIO , , including including if if it it has has been been conducted conducted illegally illegally , , or or an an innocent innocent person person is is killed killed or or tortured tortured " " [ [ 2 2 ] ] . . This This validates validates the the claim claim ' ' s s concern concern about about reporting reporting on on deaths deaths during during security security operations operations . . Section 35P was specifically designed to protect SIO secrecy, not primarily to target whistleblowing about general intelligence activities [1].
Regarding Regarding the the recklessness recklessness requirement requirement : : the the offence offence requires requires a a person person be be " " reckless reckless as as to to whether whether the the information information relates relates to to an an SIO SIO " " - - meaning meaning aware aware of of a a " " substantial substantial risk risk " " that that information information relates relates to to an an SIO SIO [ [ 1 1 ] ] . . The The Law Law Council Council noted noted this this would would likely likely not not be be difficult difficult for for prosecutors prosecutors to to satisfy satisfy regarding regarding journalists journalists reporting reporting on on intelligence intelligence conduct conduct [ [ 2 2 ] ] . . Separate provisions in Schedule 6 of the same Act were the actual "anti-whistleblower" measures targeting intelligence officers who disclose classified information [1].
缺失背景
The The claim claim omits omits several several critical critical contextual contextual elements elements : :
The claim omits several critical contextual elements:
**1.
* * * * 1 1 . . The The Section Section 35P 35P ( ( 2 2 ) ) requires requires more more than than mere mere disclosure disclosure : : * * * * The The 10 10 - - year year penalty penalty only only applies applies to to aggravated aggravated offences offences where where the the disclosure disclosure endangers endangers health health / / safety safety or or prejudices prejudices an an SIO SIO , , or or where where the the person person is is reckless reckless about about such such consequences consequences [ [ 1 1 ] ] [ [ 2 2 ] ] . . The The base base offence offence carries carries 5 5 years years . . The Section 35P(2) requires more than mere disclosure:** The 10-year penalty only applies to aggravated offences where the disclosure endangers health/safety or prejudices an SIO, or where the person is reckless about such consequences [1][2].
* * * * 2 2 . . Attorney Attorney - - General General consent consent requirement requirement : : * * * * On On 30 30 October October 2014 2014 , , the the Attorney Attorney - - General General issued issued a a Ministerial Ministerial Direction Direction that that prosecutions prosecutions of of journalists journalists under under Section Section 35P 35P require require the the Attorney Attorney - - General General ' ' s s written written consent consent [ [ 2 2 ] ] . . This This provides provides a a significant significant safeguard safeguard , , though though the the Law Law Council Council correctly correctly noted noted this this relies relies on on " " executive executive discretion discretion " " rather rather than than statutory statutory protection protection [ [ 2 2 ] ] . . The base offence carries 5 years.
**2.
* * * * 3 3 . . The The provisions provisions built built on on existing existing frameworks frameworks : : * * * * The The SIO SIO scheme scheme was was based based on on existing existing " " controlled controlled operations operations " " regimes regimes for for the the AFP AFP in in the the Crimes Crimes Act Act 1914 1914 [ [ 1 1 ] ] . . Section Section 35P 35P exacerbated exacerbated existing existing dangers dangers to to journalists journalists from from Section Section 79 79 of of the the Crimes Crimes Act Act , , which which already already allowed allowed 7 7 years years imprisonment imprisonment for for receiving receiving classified classified information information in in espionage espionage circumstances circumstances [ [ 1 1 ] ] . . Attorney-General consent requirement:** On 30 October 2014, the Attorney-General issued a Ministerial Direction that prosecutions of journalists under Section 35P require the Attorney-General's written consent [2].
* * * * 4 4 . . Amendments Amendments were were later later made made : : * * * * Following Following the the INSLM INSLM ' ' s s 2015 2015 report report , , the the Turnbull Turnbull Government Government accepted accepted recommendations recommendations to to amend amend Section Section 35P 35P in in 2016 2016 , , adding adding further further protections protections for for journalists journalists [ [ 3 3 ] ] [ [ 4 4 ] ] . . This provides a significant safeguard, though the Law Council correctly noted this relies on "executive discretion" rather than statutory protection [2].
**3.
* * * * 5 5 . . No No prosecutions prosecutions have have occurred occurred : : * * * * As As of of the the latest latest available available information information , , no no journalists journalists have have actually actually been been prosecuted prosecuted under under Section Section 35P 35P . . The The " " chilling chilling effect effect " " on on reporting reporting has has been been significant significant , , but but the the doomsday doomsday scenario scenario of of imprisoned imprisoned journalists journalists has has not not materialized materialized [ [ 3 3 ] ] . . The provisions built on existing frameworks:** The SIO scheme was based on existing "controlled operations" regimes for the AFP in the Crimes Act 1914 [1].
* * * * 6 6 . . The The context context of of the the legislation legislation : : * * * * These These laws laws were were introduced introduced in in July July 2014 2014 during during heightened heightened concerns concerns about about terrorism terrorism and and foreign foreign fighters fighters returning returning from from Syria Syria / / Iraq Iraq . . The The government government argued argued they they were were necessary necessary for for operational operational security security during during undercover undercover counter counter - - terrorism terrorism operations operations . . Section 35P exacerbated existing dangers to journalists from Section 79 of the Crimes Act, which already allowed 7 years imprisonment for receiving classified information in espionage circumstances [1].
**4.
来源可信度评估
The The original original sources sources include include : :
The original sources include:
- **The Age and SMH**: Fairfax Media publications (now Nine) generally rated as "left-center" bias by Media Bias/Fact Check with factual reporting [5].
- - * * * * The The Age Age and and SMH SMH * * * * : : Fairfax Fairfax Media Media publications publications ( ( now now Nine Nine ) ) generally generally rated rated as as " " left left - - center center " " bias bias by by Media Media Bias Bias / / Fact Fact Check Check with with factual factual reporting reporting [ [ 5 5 ] ] . . These These are are mainstream mainstream reputable reputable outlets outlets . . These are mainstream reputable outlets.
- **Vice**: Generally credible but with a more alternative/activist editorial stance
- **Canberra Times**: Regional Fairfax publication with similar credibility to The Age/SMH
The sources are legitimate mainstream media, not partisan advocacy sites.
- - * * * * Vice Vice * * * * : : Generally Generally credible credible but but with with a a more more alternative alternative / / activist activist editorial editorial stance stance The legal concerns they raised were echoed by the Law Council of Australia [2] and legal academics writing in The Conversation [1], confirming the substantive issues were real and professionally validated.
- - * * * * Canberra Canberra Times Times * * * * : : Regional Regional Fairfax Fairfax publication publication with with similar similar credibility credibility to to The The Age Age / / SMH SMH However, the sources reflect the initial critical reaction to the legislation and don't capture the subsequent amendments or the fact that no prosecutions have occurred.
The The sources sources are are legitimate legitimate mainstream mainstream media media , , not not partisan partisan advocacy advocacy sites sites . . The The legal legal concerns concerns they they raised raised were were echoed echoed by by the the Law Law Council Council of of Australia Australia [ [ 2 2 ] ] and and legal legal academics academics writing writing in in The The Conversation Conversation [ [ 1 1 ] ] , , confirming confirming the the substantive substantive issues issues were were real real and and professionally professionally validated validated . . However However , , the the sources sources reflect reflect the the initial initial critical critical reaction reaction to to the the legislation legislation and and don don ' ' t t capture capture the the subsequent subsequent amendments amendments or or the the fact fact that that no no prosecutions prosecutions have have occurred occurred . . ⚖️
工党对比
* * * * Did Did Labor Labor do do something something similar similar ? ? * * * *
**Did Labor do something similar?**
The Rudd and Gillard Labor governments (2007-2013) also expanded national security and intelligence powers, though the specific SIO regime was introduced under the Coalition.
The The Rudd Rudd and and Gillard Gillard Labor Labor governments governments ( ( 2007 2007 - - 2013 2013 ) ) also also expanded expanded national national security security and and intelligence intelligence powers powers , , though though the the specific specific SIO SIO regime regime was was introduced introduced under under the the Coalition Coalition . . Labor governments prosecuted whistleblowers and restricted intelligence disclosures:
- Labor introduced the Public Interest Disclosure Act 2013, which the Law Council noted provided "lesser" protection for intelligence officers compared to law enforcement officers [2]
- Under Labor, the "Witness K" prosecution began in 2013 regarding the alleged revelation of ASIS operations against Timor-Leste during 2004 oil treaty negotiations (during the Howard Coalition government, but prosecution initiated under Rudd) [6]
- Labor governments maintained and utilized existing espionage and secrecy offences under the Crimes Act
The fundamental approach to national security secrecy has been bipartisan.
Labor Labor governments governments prosecuted prosecuted whistleblowers whistleblowers and and restricted restricted intelligence intelligence disclosures disclosures : : Both major parties have expanded intelligence agency powers and maintained strict secrecy regimes.
- - Labor Labor introduced introduced the the Public Public Interest Interest Disclosure Disclosure Act Act 2013 2013 , , which which the the Law Law Council Council noted noted provided provided " " lesser lesser " " protection protection for for intelligence intelligence officers officers compared compared to to law law enforcement enforcement officers officers [ [ 2 2 ] ] The specific Section 35P mechanism was Coalition-introduced, but Labor has not opposed the underlying principles of intelligence operation secrecy - they supported the 2014 legislation through the Parliamentary Joint Committee on Intelligence and Security process.
- - Under Under Labor Labor , , the the " " Witness Witness K K " " prosecution prosecution began began in in 2013 2013 regarding regarding the the alleged alleged revelation revelation of of ASIS ASIS operations operations against against Timor Timor - - Leste Leste during during 2004 2004 oil oil treaty treaty negotiations negotiations ( ( during during the the Howard Howard Coalition Coalition government government , , but but prosecution prosecution initiated initiated under under Rudd Rudd ) ) [ [ 6 6 ] ] Following the INSLM's recommended amendments in 2016, both parties effectively endorsed the revised framework.
- - Labor Labor governments governments maintained maintained and and utilized utilized existing existing espionage espionage and and secrecy secrecy offences offences under under the the Crimes Crimes Act Act The The fundamental fundamental approach approach to to national national security security secrecy secrecy has has been been bipartisan bipartisan . . Both Both major major parties parties have have expanded expanded intelligence intelligence agency agency powers powers and and maintained maintained strict strict secrecy secrecy regimes regimes . . The The specific specific Section Section 35P 35P mechanism mechanism was was Coalition Coalition - - introduced introduced , , but but Labor Labor has has not not opposed opposed the the underlying underlying principles principles of of intelligence intelligence operation operation secrecy secrecy - - they they supported supported the the 2014 2014 legislation legislation through through the the Parliamentary Parliamentary Joint Joint Committee Committee on on Intelligence Intelligence and and Security Security process process . . Following Following the the INSLM INSLM ' ' s s recommended recommended amendments amendments in in 2016 2016 , , both both parties parties effectively effectively endorsed endorsed the the revised revised framework framework . . 🌐
平衡视角
While While civil civil liberties liberties groups groups , , media media unions unions ( ( MEAA MEAA ) ) , , and and legal legal bodies bodies legitimately legitimately raised raised serious serious concerns concerns about about Section Section 35P 35P ' ' s s impact impact on on press press freedom freedom [ [ 3 3 ] ] [ [ 4 4 ] ] , , the the full full context context shows shows : :
While civil liberties groups, media unions (MEAA), and legal bodies legitimately raised serious concerns about Section 35P's impact on press freedom [3][4], the full context shows:
**Legitimate concerns confirmed:**
- No public interest exemption exists in the legislation [1][2]
- Journalists could theoretically face imprisonment for reporting on SIO-related misconduct [1]
- The "chilling effect" on investigative reporting of intelligence agencies is real [3]
- The Law Council explicitly stated the provisions could prevent disclosure of illegal activity or deaths during operations [2]
**Counterbalancing factors:**
- The laws were introduced during a specific counter-terrorism context (2014 foreign fighter concerns)
- Attorney-General consent requirements provide a prosecutorial safeguard [2]
- The provisions were subsequently reviewed and amended based on the INSLM's recommendations [4]
- No actual prosecutions of journalists have occurred under Section 35P
- Similar secrecy provisions already existed for other law enforcement operations [1]
**Comparative analysis:** The core issue of balancing national security secrecy against press freedom and anti-corruption transparency is not unique to the Coalition.
* * * * Legitimate Legitimate concerns concerns confirmed confirmed : : * * * * The "Witness K" case demonstrates that Labor governments also prosecuted individuals for revealing intelligence operations [6].
- - No No public public interest interest exemption exemption exists exists in in the the legislation legislation [ [ 1 1 ] ] [ [ 2 2 ] ] The bipartisan consensus on intelligence secrecy suggests this reflects systemic governance challenges rather than Coalition-specific authoritarianism.
- - Journalists Journalists could could theoretically theoretically face face imprisonment imprisonment for for reporting reporting on on SIO SIO - - related related misconduct misconduct [ [ 1 1 ] ] - - The The " " chilling chilling effect effect " " on on investigative investigative reporting reporting of of intelligence intelligence agencies agencies is is real real [ [ 3 3 ] ] - - The The Law Law Council Council explicitly explicitly stated stated the the provisions provisions could could prevent prevent disclosure disclosure of of illegal illegal activity activity or or deaths deaths during during operations operations [ [ 2 2 ] ] * * * * Counterbalancing Counterbalancing factors factors : : * * * * - - The The laws laws were were introduced introduced during during a a specific specific counter counter - - terrorism terrorism context context ( ( 2014 2014 foreign foreign fighter fighter concerns concerns ) ) - - Attorney Attorney - - General General consent consent requirements requirements provide provide a a prosecutorial prosecutorial safeguard safeguard [ [ 2 2 ] ] - - The The provisions provisions were were subsequently subsequently reviewed reviewed and and amended amended based based on on the the INSLM INSLM ' ' s s recommendations recommendations [ [ 4 4 ] ] - - No No actual actual prosecutions prosecutions of of journalists journalists have have occurred occurred under under Section Section 35P 35P - - Similar Similar secrecy secrecy provisions provisions already already existed existed for for other other law law enforcement enforcement operations operations [ [ 1 1 ] ] * * * * Comparative Comparative analysis analysis : : * * * * The The core core issue issue of of balancing balancing national national security security secrecy secrecy against against press press freedom freedom and and anti anti - - corruption corruption transparency transparency is is not not unique unique to to the the Coalition Coalition . . The The " " Witness Witness K K " " case case demonstrates demonstrates that that Labor Labor governments governments also also prosecuted prosecuted individuals individuals for for revealing revealing intelligence intelligence operations operations [ [ 6 6 ] ] . . The The bipartisan bipartisan consensus consensus on on intelligence intelligence secrecy secrecy suggests suggests this this reflects reflects systemic systemic governance governance challenges challenges rather rather than than Coalition Coalition - - specific specific authoritarianism authoritarianism . . 部分属实
6.0
/ 10
The The factual factual elements elements are are accurate accurate : : the the Coalition Coalition did did introduce introduce Section Section 35P 35P with with penalties penalties of of 5 5 - - 10 10 years years imprisonment imprisonment for for SIO SIO - - related related disclosures disclosures , , no no anti anti - - corruption corruption exemptions exemptions exist exist , , and and reporting reporting on on deaths deaths during during security security operations operations could could theoretically theoretically be be criminalized criminalized . . The The Law Law Council Council confirmed confirmed this this interpretation interpretation [ [ 2 2 ] ] . .
The factual elements are accurate: the Coalition did introduce Section 35P with penalties of 5-10 years imprisonment for SIO-related disclosures, no anti-corruption exemptions exist, and reporting on deaths during security operations could theoretically be criminalized.
However However , , the the claim claim ' ' s s framing framing exaggerates exaggerates both both the the scope scope and and the the practical practical impact impact . . The The " " Edward Edward Snowden Snowden type type leaks leaks " " characterization characterization is is misleading misleading because because Section Section 35P 35P targeted targeted SIO SIO operational operational secrecy secrecy specifically specifically , , not not general general intelligence intelligence whistleblowing whistleblowing [ [ 1 1 ] ] . . The The claim claim also also omits omits the the Attorney Attorney - - General General consent consent safeguard safeguard , , subsequent subsequent amendments amendments , , and and the the fact fact that that no no prosecutions prosecutions have have occurred occurred . . The The framing framing suggests suggests a a unique unique Coalition Coalition authoritarianism authoritarianism that that doesn doesn ' ' t t account account for for bipartisan bipartisan consensus consensus on on intelligence intelligence secrecy secrecy or or Labor Labor ' ' s s own own whistleblower whistleblower prosecutions prosecutions . . The Law Council confirmed this interpretation [2].
最终评分
6.0
/ 10
部分属实
The The factual factual elements elements are are accurate accurate : : the the Coalition Coalition did did introduce introduce Section Section 35P 35P with with penalties penalties of of 5 5 - - 10 10 years years imprisonment imprisonment for for SIO SIO - - related related disclosures disclosures , , no no anti anti - - corruption corruption exemptions exemptions exist exist , , and and reporting reporting on on deaths deaths during during security security operations operations could could theoretically theoretically be be criminalized criminalized . . The The Law Law Council Council confirmed confirmed this this interpretation interpretation [ [ 2 2 ] ] . .
The factual elements are accurate: the Coalition did introduce Section 35P with penalties of 5-10 years imprisonment for SIO-related disclosures, no anti-corruption exemptions exist, and reporting on deaths during security operations could theoretically be criminalized.
However However , , the the claim claim ' ' s s framing framing exaggerates exaggerates both both the the scope scope and and the the practical practical impact impact . . The The " " Edward Edward Snowden Snowden type type leaks leaks " " characterization characterization is is misleading misleading because because Section Section 35P 35P targeted targeted SIO SIO operational operational secrecy secrecy specifically specifically , , not not general general intelligence intelligence whistleblowing whistleblowing [ [ 1 1 ] ] . . The The claim claim also also omits omits the the Attorney Attorney - - General General consent consent safeguard safeguard , , subsequent subsequent amendments amendments , , and and the the fact fact that that no no prosecutions prosecutions have have occurred occurred . . The The framing framing suggests suggests a a unique unique Coalition Coalition authoritarianism authoritarianism that that doesn doesn ' ' t t account account for for bipartisan bipartisan consensus consensus on on intelligence intelligence secrecy secrecy or or Labor Labor ' ' s s own own whistleblower whistleblower prosecutions prosecutions . . The Law Council confirmed this interpretation [2].
📚 来源与引用 (6)
-
1
National security bills compound existing threats to media freedom
The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will publish its report on the National Security Legislation Amendment Bill (No. 1) 2014 (Cth) sometime during this sitting of parliament…
The Conversation -
2PDF
Law Council Submission - Inquiry into Section 35P of the ASIO Act
Lawcouncil • PDF Document -
3
Despite changes, terror law will still curb press freedom
Efa Org
-
4
ASIO's section 35P powers to be redrafted
Journalists still face up to 10 years jail but recommendations for amendments to the controversial section 35P of the Asio Act have been accepted by the Turnbull Government. By Mike Dobbie Section 35P was introduced as part of the first tranche of national security laws in July 2014. It provided ja
MEAA -
5
The Age (Australia) - Bias and Credibility - Media Bias/Fact Check
LEFT-CENTER BIAS These media sources have a slight to moderate liberal bias. They often publish factual information that utilizes loaded words (wording
Media Bias/Fact Check -
6
Witness K: The spy who revealed Australia's dirty secrets about Timor-Leste
Theguardian
评分方法
1-3: 不实
事实错误或恶意捏造。
4-6: 部分属实
有一定真实性，但缺乏背景或有所偏颇。
7-9: 基本属实
仅有微小的技术性或措辞问题。
10: 准确
完全经过验证且客观公正。
方法论: 评分通过交叉参照政府官方记录、独立事实核查机构和原始文件确定。