The Erosion of Academic Freedom: How Australian Espionage Law Impacts Higher Education and Research

Abstract

In this article, I assess the impact of Australia’s espionage laws on higher education and research and, consequently, on academic freedom. I find that the espionage laws have the capacity to criminalise the legitimate work of particular academics, potentially chilling research into and teaching on certain areas. The criminalisation of legitimate academic teaching and research poses risks for the academics involved (who could face up to life imprisonment) and for the state of academic freedom in Australia. Not only does this undermine the pursuit and dissemination of knowledge for the benefit of society, but it is a threat to Australia’s democracy. It is crucial, therefore, that the freedom of academics to research and teach is not unduly undermined by criminal laws. As such, I conclude the article with recommendations for how Australia’s espionage laws can be reformed so that genuine espionage against the higher education and research sector is criminalised while protecting academics who pursue legitimate teaching and research endeavours.