Search alternative 'makes things worse' for journalists

Mar 01, 2020 at 12:37 am by Staff


A proposal that federal police should "ask first" before raiding journalists' homes risks making it still harder to report on what the government is doing.

An industry coalition to support press freedom has reacted strongly against a proposal that journalists should hand over confidential documents to avoid their homes being raided by police.

Police would be able to request documents and the names of confidential sources from journalists, with news organisations able to challenge requests, but they would still be able to apply for a search warrant.

Members of the coalition say the proposals are proof that the Morrison government has not listened to concerns following police raids on the ABC and the home of News Corp Australia journalist Annika Smethurst.

News Corp Australia executive chairman Michael Miller said the proposal by the home affairs department and AFP overlooked "genuine concerns held by all media over government overreach and secrecy" and misrepresented legal reforms sought by the industry.

"The federal government has made clear that its preference is to maintain the bad laws which enable governments to hide from Australians what they are doing," he said. "The offer of a notice regime rather than contestable warrants offers no comfort and is nothing more than window dressing.

"If anything, it provides even more powers preventing journalists from telling Australians what their government is doing."

The submission to the parliamentary press freedom inquiry has followed months of 'right to know' campaigning by media organisations. A 'Commonwealth Notice to Produce framework" which could be written into the Crime Act would "request sensitive information from media as an alternative to executing a search warrant in person, give parties more flexibility to serve and produce material, and provide an opportunity for professional journalists and media organisations to put forward any strong, countervailing arguments not to produce material".

• The city of San Francisco is to pay US$369,000 to settle claims following a police raid on the home of a freelance journalist last May. They were reported to have "barrelled through the front door... with a sledgehammer and guns drawn" in a bid to find the source of a leaked report after not telling judges specifically the search subject was a journalist, contrary to the state's shield laws.

Pictured: News Corp Sunday tabloids political editor Annika Smethurst (photo News Corp).

Sections: Newsmedia industry

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