Australian Parliament Panel Says No Journalist Shield for Secrecy Offenses

An Australian parliamentary committee set up to inquire the legitimacy of recent police raids on a journalist has said reporters should not have immunity from secrecy offenses.

But the panel, established to review press freedom in a country where it's not constitutionally protected, also said there should be stricter procedures before warrants are issued for national security investigations, The Guardian said.

The raids in 2019 at the home of Sydney Sunday Telegraph Political Editor Annika Smethurst as well as the offices of the Australian Broadcasting Corporation brought sharp criticism from media and journalist protection groups.

At the time, Attorney-General Christian Porter said police would need his consent before going after journalists. Media companies are fighting for the right to contest warrants, as well as exemptions from some state secrecy laws.

The report by the panel on intelligence and security said media companies should not be given notice about warrants; however, there should be a public interest advocate representing them.

For offenses balancing national security and press freedom, warrants should be issued by a judge of a superior court of record, the lawmakers recommended. In the ABC case, the warrant had been issued by a local court registrar.

Stopping short of giving journalists a shield for security offenses, the committee said the Attorney-General should first review the cases and consider adding specific public interest defenses for journalists.

Agencies that compile national security information should provide a mechanism for journalists – such as a liaison unit – to consult without the threat of investigation or prosecution, the report also said.

The committee called on the government to respond to the 2013 Moss review of whistleblower provisions to consider making them simpler and improving protections against reprisals.

After blistering criticism, police said they wouldn't charge Smethurst. The case of ABC journalists who reported Australian special forces soldiers killed unarmed men and children in Afghanistan is yet to be determined.

Police conducted the raid in a hunt for more evidence into how the journalists got state secrets although former military lawyer David McBride had come forward as the whistleblower who leaked secret documents.

Media union Federal President Marcus Strom said, “Journalists still face jail for legitimate news reporting in the public interest. It should be should be up to the government agency to prove a case, not for a free media to prove it hasn’t breached any laws.”