WA Police back down over ABC Woodside footage demand

WA Police say they will work with the public broadcaster to obtain climate protest footage like that shot outside the home of Woodside CEO Meg O’Neill.

The WA police said they are prepared to work with the ABC and reduce the amount of footage to be handed over by the public broadcaster of climate activists that was taken as part of a Four Corners investigation.

On Monday night, the ABC’s investigative program aired an episode titled, “Escalation: Climate, protest and the fight for the future” which included footage taken outside the home of Woodside chief executive officer Meg O’Neill in the early hours of August 1.

The controversial footage shot outside her Perth home was the subject of an internal review at the public broadcaster after it was met with significant condemnation from both sides of politics and also business groups over concerns the activists were holding a protest outside the CEO’s private residence.

On Tuesday, WA Police said in a statement it “respects and supports press freedom”, just days after it demanded the public broadcaster hand over footage of the climate protesters who are part of activist group Disrupt Burrup Hub.

The demand was met with outrage from the media union, the Media, Entertainment & Arts Alliance, who said it was “concerned that the order to produce rides roughshod over a journalist’s obligations to protect sources.”

Woodside Energy CEO Meg O'Neill. Picture: NCA NewsWire / Nikki Short

The day after the episode – led by journalist Hagar Cohen – went to air, WA Police said the force was continuing to work with the ABC on determining what footage should be handed over.

“Police routinely use an order to produce to gather materials for investigations, particularly where a business such as a newsroom requires a formal, legal document to process the request,” the statement said.

“In this instance, police have requested the ABC’s footage as part of an investigation into suspected offending.”

Failure to comply with an order to produce without a reasonable excuse is deemed an offence and the maximum penalty is 12 months imprisonment and a $12,000 fine.

WA Police also said the magistrate in the court matter said the police had “reasonable grounds to suspect that the material is relevant to a suspected offence.”

“Generally speaking our agency is open to reducing the scope of an order to produce, where possible, to protect confidential sources,” the statement said.

“Conversations between WA Police and the ABC are continuing.”

The Four Corners episode featured extensive vision of the ABC interviewing the climate activists, including scenes where the activists were arranged and loaded paint guns to be used in a planned protest.

The police also said they had “received numerous requests asking us to confirm if the Four Corners team were aware of the alleged criminal act before it was committed.”

The matter remains before the courts.

MEAA’s federal president Karen Percy last week urged the “ABC to stand firm and not hand over the footage.”

“This is a direct threat to press freedom and the ability of investigative journalists to cover this important story,” she said.

“Protecting sources is sacrosanct for journalists.

“To reveal sources is contrary to the MEAA Journalist Code of Ethics.

“This law is an outrageous overreach and the WA Police should not proceed with this action.”

On August 2, a day after the protest took place outside Ms O’Neill’s home, the ABC claimed the TV crew “had no knowledge” of what was at the address when they arrived that morning.

“Just prior to the action the team received a tip to go to an address, they had no knowledge what was at the address or that it was someone’s house,” the statement said.

An internal review was conducted and on August 11 and the public broadcaster issued a statement at the time from managing director David Anderson who said: “The review does indicate the team did have some awareness of what was planned.”

WA Police confirmed the Four Corners crew are not under investigation.