Senate committee calls for urgent laws over journalist search warrants

There has been an ‘urgent’ call for new laws to protect press freedom after raids on the home of a News Corp journalist and the ABC offices.

The government should “urgently” introduce laws giving only judges power to issue search warrants against journalists after hearing from a public interest advocate, a Senate committee says.

The Senate committee’s recommendation follows a press freedom report released on Wednesday, sparked by two search warrants at the home of former News Corp journalist Annika Smethurst and at the ABC Sydney head office in 2019.

The dramatic Australian Federal Police raids, which related to separate allegations of publishing classified material, drew widespread media attention in Australia and abroad.

The home of former News Corp journalist Annika Smethurst was raided in 2019. Picture Gary Ramage

The Senate committee’s long awaited report recommended the federal government “urgently” introduce laws to adopt four recommendations from a separate parliamentary report last year into the impact of law enforcement and intelligence powers on press freedom.

Those recommendations call for all warrants sought against journalists and media organisations for leaking secret government information to be authorised by a supreme or federal court judge.

This would only be after the judge heard from the agency issuing the warrant and a public interest advocate, who would be at least a senior barrister or judge.

The public interest advocate would make a submission to the issuing authority and judge about the public interest issue of keeping journalist sources secret — however warrants could still be issued without notice to journalists.

The committee also called for Commonwealth prosecutors to “urgently reconsider on strong public interest grounds” whether to continue charges against whistleblower and former military lawyer David McBride.

Former Australian Army officer David McBride is a whistleblower charged with leaking classified government information that alleges war crimes were committed by Australian troops in Afghanistan. Picture: AAP Image/Mick Tsikas

Mr McBride, who blew the whistle on Afghan war crimes to the ABC, is charged with leaking classified documents at the centre of the police raids on the public broadcaster.

He is facing a maximum penalty of life in jail.

“During the inquiry, the committee heard specific examples of journalists and whistleblowers being deeply affected by Australia’s criminal and national security laws,” the report said.

“The committee considers that the protracted length of time taken to investigate and prosecute alleged breaches of these laws is not always acceptable.”

The committee recommended the government initiate an independent review of law enforcement and national security laws, to ensure they met international human rights obligations.

Its report noted the “unnecessarily large” number of Commonwealth laws that could infringe on the right to freedom of expression, affecting “not just the media but also each and every Australian”.

Inquiry chair and Greens senator Sarah Hanson-Young said the 17 recommendations showed law changes were needed to protect Australians’ right to know.

“The freedom of the press is fundamental to our democracy and human rights across the globe. The parliament has a duty to protect it and this inquiry has allowed us to lay a path for doing just that,” she said.

She said the Greens still firmly believed Australia needed a Media Freedom Act to enshrine those protections.