Julian Hill (Bruce, Australian Labor Party) Share this | Hansard source

I don't personally agree with all that Julian Assange or WikiLeaks has done, but, if we're to protect our democratic values, that must never be the point. This case goes to the importance of journalism and journalists in a democracy holding power to account. Publishing embarrassing, classified footage of war crimes in Iraq is journalistic behaviour supposedly protected by the First Amendment to the United States Constitution. I will quote Kevin Rudd. He said: 'If the case is essentially that Julian Assange broke the law by obtaining and disclosing secret information, then I struggle to see what separates him from any journalist who solicits, obtains and publishes such information.' The claim we often hear in response is that 'he's not a journalist'. That is irrelevant. The protection exists in the law for journalistic activity, not some special class of persons. It should extend to all of us, to any Australian engaging in journalistic activity.

What Julian Assange has published is in principle no different than the Pentagon Papers, in 1971, which exposed the truth about the Vietnam War and the actions of two United States presidents. The chilling effect that this US case would have on the media globally is profound. The pursuit of Julian Assange is very deliberate; it's calculated to mute whistleblowing and investigative journalism. If Julian Assange is guilty of a serious crime for publishing classified material revealing war crimes, then democracies are weakened. Media across the world will be too scared to publish in the future if that's what they want. Then there's the dangerous principle of extraterritoriality, which is nerdy and boring and is getting lost in the propaganda. But let's be clear. If this American bid succeeds, the precedent is terrifying for our democracy.

What Julian Assange did in 2011 is not espionage. There's no evidence he attempted to hack into US government IT. There is no evidence he encouraged others to do so. There is no evidence that any lives were lost or serious harm done. Importantly, he's not a US citizen. His actions took place outside the USA. Let's be clear. Under the precedent of extradition that the United States is seeking in this case, anyone who publishes anything that the United States government brands as secret could be prosecuted under the US Espionage Act—anyone who publishes anything, anywhere in the world, could be extradited to the United States.

Now, unbelievably, the Trump administration has stated that Julian Assange has no First Amendment rights to free speech and free press because he's a foreigner. So, under this precedent, US criminal laws apply everywhere—even when people have never been to the United States, including journalists or any Australian wherever they are—but US constitutional protections don't apply to them. Our government should take this seriously and defend our sovereignty and freedom.

I'll just make some brief remarks on the sexual assault allegations. There has been conflicting and sensational reporting for years. Allegations of sexual assault and rape are incredibly serious matters that should not be weaponised for political purposes. The media confusion regarding this is deliberate. Julian Assange shone light and exposed corruption. Suddenly the bright lights turned back on him, and he's a hacker, a narcissist, a spy. He doesn't shower, you know; he's not clean. Then there's the story he doesn't even feed his cat properly. Then he's a creepy predator. Citizens mustn't suspend critical thinking or their analytical capabilities when such allegations are made.

I'd encourage people to read the United Nations Special Rapporteur on torture case review. These are his conclusions, not mine. He concluded that he's been subjected to a preliminary investigation for nine years with no charges; that the police tampered and rewrote evidence to manufacture these charges; that he didn't run away from interview—he actually went to the police and authorities several times while in Sweden and was given their permission to leave the country. It was only when he was in London that he heard of the secret extradition proceedings in the United States to extradite him that he said he couldn't go back unless Sweden provided assurances that he wouldn't be extradited to the US. They refused to give those assurances. He offered repeatedly to give evidence from asylum, but the objective was to keep the investigation alive, to keep him in suspended animation for nine years with no charges.

Then, magically, of course, the case was dropped, wasn't it, when he suddenly got into British custody and was allowed to face extradition to the United States. Despite all of this—an effective death sentence, torture and manifest injustice—our government refuses to speak up and defend this Australian. Ministers hide behind their weasel word talking points about legal processes and having his day in court. I say again: it doesn't matter if you agree with him, it doesn't matter if you like him, it doesn't matter if you dislike him; he's an Australian with the same rights as you or me and he's entitled to the protection of his government. As Andrew Wilkie and George Christensen—and I never thought I'd be in a club with them in this parliament—said aptly last week in London, 'Julian Assange is our ratbag, and we should bring him home.'

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