The government's media bills must be rejected because they affect democracy and every Australian, says News Limited CEO Kim Williams.
Senator Stephen Conroy faces increasing resistance to his media reforms. Picture: Kym Smith. Source: The Daily Telegraph
THE Australian Greens will support Labor's media reforms if the government agrees to amendments that limit the number of press councils and tighten the public interest test for media mergers.
They want the other crossbenchers in the lower house to recognise this could be the last chance in a long time to make any changes to media laws and "not throw the baby out with the bathwater".
Greens communications spokesman Scott Ludlam said it was still possible for the legislative package to pass with the two simple changes.
First, the Greens want tighter standards for accreditation as a press council.
Senator Ludlam said while the ideal number of press councils was one, he recognised that Seven West Media had already set up its own regulatory body separate from the Australian Press Council.
"I would reluctantly tolerate two as long as they were brought up to an appropriate standard for accreditation," he said in Canberra.
"We certainly don't want to see any further drift away from the APC."
The Greens also think the public media test that would apply to mergers and acquisitions, to ensure diversity of ownership, is framed too broadly.
Senator Ludlam said he had spoken with Communications Minister Stephen Conroy and the crossbenchers about the Greens' proposals.
Greens leader Christine Milne said it was clear this would be the last chance for change because the coalition was "riding high in the polls and have no intention of moving on media reform".
"The government must recognise that it's a minority government. It needs to get the numbers in the parliament," she said.
"We're offering them a way forward."
But even if the Greens support can get the laws passed, they face an immediate challenge in the High Court.
The threat of a constitutional challenge to a state-appointed media regulator comes as the Government considers pulling at least two of the six proposed bills, to prevent defeat in the house.
News Ltd has learned that Communications Minister Stephen Conroy is desperately lobbying independents to back his controversial media crackdown.
News Ltd plans appeal
Suspended Labor MP Craig Thomson, however, is believed to have told Mr Conroy he would not change his mind to oppose the legislation.
Fellow independent Rob Oakeshott confirmed he would not vote for it either, suggesting the future of the reforms will come down to a single vote among the other cross benchers, Tony Windsor, Bob Katter, Peter Slipper, Andrew Wilkie and Greens MP Adam Bandt.
Mr Oakeshott has written to Ms Gillard, telling her he would not back Senator Conroy's laws.
"I won't be supporting any of the six bills, I have informed the prime minister of that today both verbally and in writing," he told the ABC.
"Hopefully the parliament can encourage Senator Conroy to go back to the drawing board and keep the spirit of reform."
News Limited CEO Kim Williams says the government's proposed media reforms are "unconstitutional" and "assault" Australian journalism.
Mr Windsor is said to have not made up his mind, but might consider asking for more time.
But Mr Wilkie has said he had had problems with the apparent dilution of press freedoms.
Rather than risk its first defeat in Parliament, Government sources now suggest it may be forced to withdraw two of the most contentions elements, including the News Media (Self-regulation) Bill.
With only days to consider the 200 pages of legislation, the country's top media executives have descended on Canberra to give evidence at a hastily established Senate inquiry into the legislation.
News Limited CEO Kim Williams said the proposed reforms were unconstitutional.
"In the event that these laws are passed we would be immediately seeking leave to appeal to the High Court," Mr Williams told the hearing.
"We are confident this approach in creating the Public Interest Media Advocate and the powers that are rendered unto it and the sanctions that are rendered unto it go against the free flow of political communication in our society."
News Limited, publisher of this website, was joined by Fairfax chief executive Greg Hywood, and Seven West chairman Kerry Stokes in deriding the powers sought by Senator Conroy as a threat to press freedom and freedom of speech.
"This is a modern-day star chamber, no more, no less," Mr Williams said.
"The proposals will affect every Australian."
Media executives argued that the bills breached constitutional rights and equated to direct government intervention and regulation of the media, an attack on free speech, innovation, investment and job creation.
At issue is the creation of a Public Interest Media Advocate, who would be appointed by government to oversee self-regulated press councils of which newspapers would have to be a member.
The bills give the power to the PIMA to withdraw protections afforded to newspapers to report, particularly on the activities of Government and politicians, without being in breach of privacy laws.
Media bosses claim that this threat would prevent newspapers from reporting on important issues of public interest such as corruption, or reporting on the general activities of politicians, without gaining their permission first.
"That is a nuclear option," Mr Hywood said.
"It would possibly shutdown a predominantly news gathering organisation."
Mr Stokes also took aim at the proposed punishment that would see media companies exemption from the privacy act taken away by the PIMA.
"As a result of that you wouldn't get things like Eddie Obeid being discovered, you wouldn't get the investigative journalism that is so important in a free democracy," he said.
Mr Stokes said based on the government's legislation, the PIMA would have more power than the commissioner for tax.
The Senate committee will hand down an interim report on Wednesday, giving MPs only a matter of hours to consider the findings before being asked to vote on the bills in the lower house.
Foxtel CEO Richard Freudenstein said the pay tv provider strongly opposed the proposed laws.
"Foxtel objects vehemently to this legislation, we do so on the grounds of principle," he said.
"This is a solution in search of a problem."
He said the legislation would impact unfairly on Foxtel while leaving out aggregators.
Mr Freudenstein said he believed the ACCC already had adequate powers to protect diversity.
ASTRA CEO Petra Buchanan said the proposals "increase regulatory uncertainty and further discourage investment in the Australian media sector."
Senator Conroy has said the Parliament will have until Thursday this week to pass them, or he would dump them for good.
Reforms not set in stone: PM
Labor Senator Doug Cameron used the hearing yesterday to launch a personal attack against News Limited, and tried to link the proposed crackdown on newspapers with the UK phone-tapping scandal, despite no evidence of such practices occurring in Australia.
Question time was also stopped yesterday when Opposition leader Tony Abbott sought to suspend standing orders to accuse the Prime Minister of trying to gag criticism of the Government.
Earlier, Ms Gillard said: "If there are sensible suggestions consistent with our reform intentions that come out of the parliamentary committee process then certainly we will listen to those. But we're not in the business of cross trading or horse trading on these bills."
