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Muller defies council gag

Posted on June 24, 2009, 8:08am

Maverick Wattle Range Councillor Peter Muller has set out to challenge the validity of a resolution that muzzled his weekly newspaper column.

Council recently amended its newly adopted media policy, adding a requirement that written statements had to be submitted before publication to the mayor or chief executive for review.

After obtaining legal advice, Mr Muller (pictured) said council had no right to stop him making personal comments, or to require submission of personal comments for review.

Earlier, it was stated in a council meeting that any elected member who disregarded the policy could be in breach of the code of conduct.

Writing in his weekly article, Mr Muller said legal advice validated his opposition to the motion.

“The opinion provided by a partner of an Adelaide legal firm specialising in local government indicates the erroneous basis of the motion,” he wrote.

Quoting part of the opinion, Mr Muller said it read: “The Act does not empower the council to make decisions that will restrict the rights of individual councillors to voice their personal views within the public arena.

“Therefore, the council has no power to prevent an individual councillor from doing so and, any attempt by the council to achieve this purpose, would constitute an attempt to curtail that councillor’s democratic right to freedom of speech.”

Mr Muller said his legal advice was that council’s resolution had no power or legal effect.

Although the motion only required a councillor to have press releases reviewed, with no specific mention of censorship, Mr Muller indicated he would not comply as the motion was legally invalid.

“I have no desire to send them the article prior to it being published,” Mr Muller told The Border Watch.

“The lawyer’s final sentence in his letter to me read: ‘You may choose to provide a copy of such article to the mayor and/or CEO for information purpose either pre or post-publication but you will not be seeking their views, concurrence or other input in doing so’.”

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Comments

2 Responses to “Muller defies council gag”

  1. Mark Parnell MLC (Greens) on June 25th, 2009 3:58 pm 1

    Cr Peter Muller is right to reject attempts to curtail freedom of expression of elected members. As a lawyer myself, it seems like his legal advice is spot on.

    Councils do need protocols to deal with official Council communications with media, but when it comes to individual elected members, then they should be at liberty to express their private views to the media as they see fit. Provided rules around confidentiality and defamation are complied with, there should be no barrier to free speech in a democracy.

    I have introduced legislation in State Parliament to protect citizens from attempts to stifle free speech.

  2. Bill on June 26th, 2009 3:16 pm 2

    Good on you Peter Muller, but look out, they will really have the knives out for you now.

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