By ‘Alapasita Pomelile, Researcher, Maxim Institute

Nicky Hager’s recent win in court saw him receive an apology and $66,400 in compensation from The New Zealand Security Intelligence Service (SIS). The payment and apology were for the unlawful obtainment of two months of Hager’s phone records in an attempt by the SIS to uncover sources used for Hager’s book, Other People’s Wars. In return, Hager has agreed not to sue the Government.

Surprisingly, Hager’s court battle did not make major headlines, with much of our media glossing over it. Even our political leaders have remained silent on the controversy. The lack of attention may be related to the controversial nature of Hager’s work. However, it would be amiss not to recognise the misuse of power by a Government intelligence agency. This agency is part of a nexus of state security agencies that have acquired unrestrained capabilities over the years and a Government budget of $300m.

Hager’s win is momentous for freedom of the press, mainly keeping State security services, executive function and powers in check. It comes at a time when freedom of speech and the ability to disagree with the State, as in Hager’s case, is often framed as a potential threat to national security, enabling Government security and intelligence agencies to wield their power unlawfully.

In his 1644 speech before parliament, in a stirring defence of a free press, John Milton said, “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” Milton believed that the freedom to exercise reason and argue freely is fundamental to human existence. Censoring this ability, whether for an individual or institutions like the press, is antithetical to a free and democratic society.

Despite being at odds with the media, Hager’s case has demonstrated the importance of freedom of the press when global democracies are fragile and totalitarianism is rising. A free press fights for truth holds governments and executive powers accountable, informs voters and strengthens democracy. A flourishing democracy embraces principles such as protecting individual rights and cooperation, rule by citizens, and fair and free elections. A free press helps to defend these principles and ensure they are a reality.

The treatment of Hager by state defence and intelligence agencies has been shameful and gravely concerning. His court case highlights a need for more accountability and safeguards regarding Government intelligence services. It signals a need for more protections against state agencies abusing their power in investigative journalism that endeavours to uncover the truth, even if it’s in opposition to the State.

Part of the New Zealand Security Intelligence Service’s apology stated, “We recognise the important role that journalists play in a free, open and democratic society – the very society the New Zealand intelligence agencies exist to uphold.” Whether we agree or like the current State of media and journalism in our country, upholding freedom of the press empowers ongoing watchfulness against state authoritarianism. Without this, we might never be able to express ideas that others might find controversial or upsetting.

*Maxim Institute is an independent think tank working to promote the dignity of every person in New Zealand by standing for freedom, justice, compassion, and hope.

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