Andrew Klein 

A quiet revolution is being legalised in Canberra. Behind the Albanese government’s public rhetoric of “strengthening democracy” and “keeping Australians safe from harmful content” lies a convergent legislative framework designed to neuter a free press, criminalise dissent, and enshrine state-sanctioned narrative as the only safe option. This is not hyperbole; it is the documented trajectory of bills, reviews, and regulatory expansions currently before Parliament. This is the blueprint for Mediocracy: the rule of the mediocre, where independent thought is subdued not by jackboots, but by legal instruments and bureaucratic compliance.

Pillar I: The Secret Gavel – National Security as a Censorship Tool

The most direct threat emerges from the ongoing expansion of the national security state under the guise of “countering foreign interference.”

The National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023, arising from the Richardson Review, proposes sweeping reforms. While the government speaks of “modernising” laws, submissions from the Alliance for Journalists’ Freedom and Law Council of Australia warn of dire consequences for public interest journalism.

The core danger is the potential for Prior Restraint through Secret Warrants. Existing Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (TOLA Act) powers allow the government to secretly compel tech companies to build capabilities to access data. The logical, and feared, next step is the adaptation of these powers to target the media directly.

As the Human Rights Law Centre submitted to the Parliamentary Joint Committee on Intelligence and Security (PJCIS), laws drafted too broadly could allow the government to secretly apply to a court to prevent a story from being published, or to force a journalist to reveal sources, all under the elastic banner of “national security.” The process itself would be shrouded in secrecy, with outlets potentially forbidden from reporting they’ve been served an order. This creates a system of invisible, unchallengeable censorship, transforming the judiciary from a guardian of liberty into a silent partner in suppression.

Pillar II: The Ministry of Truth – ACMA’s March to Enforcer

Simultaneously, the Australian Communications and Media Authority (ACMA) is being weaponised to regulate narrative.

The Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023 grants ACMA unprecedented power to police online speech. While targeting platforms, the chilling effect on media is profound. The bill empowers ACMA to enforce an industry “code” where digital platforms must aggressively police “misinformation” and “disinformation”—terms defined with worrying vagueness by the government itself.

As constitutional law expert Professor Anne Twomey has noted, the definitions are “extraordinarily broad.” When a government agency can dictate what constitutes “harmful” false content, and levy crippling fines for non-compliance, platforms will inevitably over-censor. Investigative journalism that challenges official narratives—on climate, public health, or governance—can easily be flagged, demonetised, or buried by algorithms tuned to avoid regulatory risk. The state need not censor directly; it merely sets the rules for corporate custodians who will do it for them.

Pillar III: The Silent Squeeze – The Financial and Legal Chilling Effect

Beyond black-letter law, a strategic ecosystem of pressure is being cultivated.

Consider the strategic use of defamation law. The landmark case against war veteran Ben Roberts-Smith, funded by a newspaper group, demonstrates the astronomical financial risk of investigative reporting. While a matter of private law, the effect is public: it signals to all media entities that digging into the affairs of the powerful can trigger legal warfare of ruinous cost. This is complemented by the government’s own selective granting of access and information. Journalists or outlets that persist in critical reporting find themselves frozen out of background briefings, denied timely responses, and sidelined in favour of more compliant voices.

Furthermore, the reclassification of digital media infrastructure as “critical infrastructure” under the Security Legislation Amendment (Critical Infrastructure) Act 2021 lurks as a latent threat. Should a news organisation’s systems be deemed critical, the government could invoke “last resort” powers to take control during a “cyber emergency”—a term ripe for politicised interpretation.

The Destination: Mediocracy

The convergence of these pillars does not create a classic authoritarian dystopia of blank newspapers. It creates something more insidious: a Mediocracy.

In a Mediocracy:

· Risk-averse journalism flourishes: Why pursue a complex, legally dangerous investigation when soft features and commentary are safe?

· Narrative conformity is rewarded: Outlets that align with the state-framed “consensus” on major issues retain access and avoid regulatory scrutiny.

· Public intellect atrophies: The citizenry is fed a monotonous diet of managed debate, where the boundaries of acceptable thought are subtly but firmly patrolled by algorithm and attorney.

The bold, the inconvenient, and the truly investigative are financially strangled, legally harassed, or secretly silenced. What remains is the mediocre: a public square where the volume is high, but the stakes—and the truth—are carefully managed.

A Crossroads

The Albanese government is constructing a legal and regulatory labyrinth where the Minotaur is state control. Each measure is defensible in isolation—“security,” “safety,” “order.” Together, they form a cage for free thought.

Australia stands at a crossroads. One path leads to the quiet acceptance of these encroachments, a slide into a comfortable, state-managed Mediocracy. The other requires a fierce, collective reassertion of a fundamental principle: that a democracy’s health is measured not by the tranquillity of its discourse, but by the ferocity of its freedoms.

The tools are being forged in parliamentary committees and department offices. The time to recognise them, and resist, is now.

#MediaFreedom #PressFreedom #Censorship #AustralianDemocracy #ACMA #NationalSecurity #AlbaneseGovernment