Annika Smethurst: Warrant used for AFP raid on my home ruled invalid, but press freedom fight not over
The High Court’s ruling that the Australian Federal Police used an invalid warrant to raid my home is welcome news, but the fight for press freedom is far from over, writes Annika Smethurst.
Opinion
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- Warrant used to raid News Corp journalist’s home ‘invalid’
- Ruling won't stop AFP raids on whistleblowers
It was the news I had waited 10 months to hear.
A unanimous decision by the High Court of Australia that the warrant the Australian Federal Police used to raid my home in June last year was invalid.
I had always felt that it was wrong that seven police spent seven hours rifling through my belongings for simply doing my job.
Now the High Court has agreed. But this is a victory in name only.
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In quashing the warrant, the High Court found not enough care was taken in drafting it and said it “misstated” the relevant laws and was not specific enough about which offences I had allegedly committed.
But journalists cannot rely on such sloppiness — we need real protections.
Most alarmingly, the ruling also means the police can keep the files seized from my phone to possibly use as evidence in any potential prosecution of me or a whistleblower.
We had asked for an injunction ordering for that material be destroyed. The verdict means that it can now be used even though it was obtained illegally.
It’s for this reason that I didn’t pop the champagne when the decision was handed down.
For me it is just one more step on a very long legal path which feels like it has no end.
It has been almost two years since I wrote a story revealing the government was considering allowing our own military spies to spy on Australians, not just foreigners as had always been the case.
It was a story I believe the public had a right to know.
In doing so, I not only put my freedom on the line but inadvertently became the poster girl for press freedom.
No self-respecting journalist wants to become part of the story but that’s exactly what I did. This saga has taken an enormous toll on my life and those around me. For 10 months I have lived with the reality that I could be jailed for doing my job. That remains the case.
Yet, even in my darkest moment, I still believe that the story needed to be told and we must continue to fight for press freedom.
Thankfully, the raid on my home and the raid on the ABC the following day have sparked a national debate about the need to protect public interest journalism.
The changes being sought by the media won’t place journalists above the law.
It would simply ensure journalism isn’t a crime and would help improve the quality of journalism we deliver, ensuring we tell you what you have a right to know.