Raids prompt crackdown

Dutton issues new rules in wake of AFP searches of journos

THE Australian Federal Police has been ordered to change the way it investigates the media after an intervention by Home Affairs Minister Peter Dutton.

The AFP will have to consider the interests of a “free and open press” when it investigates leaks to journalists under the changes.

Mr Dutton yesterday issued a ministerial direction to AFP Commissioner Andrew Colvin after two raids on News Corp journalist Annika Smethurst’s home and the ABC in June.

But the Home Affairs Minister drew flak from Labor, which criticised him for waiting more than two months since the raids to make the directive.

The raids caused widespread condemnation of the Government from media outlets and free press groups throughout the world.

Under the changes, the AFP must exhaust alternative investigative actions prior to considering whether going after a professional journalist or news media organisation.

Investigators should also continue to seek voluntary assistance from journalists and media outlets instead of immediately making them the subject of investigations.

Mr Dutton said the ministerial direction would not constrain the AFP investigating government leaks.

“A key function of the AFP is the enforcement of the criminal law, without exception,” he said.

“However, I expect the AFP to take into account the importance of a free and open press in Australia’s democratic society and to consider broader public interest implications before undertaking investigative action involving a professional journalist or news media organisation in relation to an unauthorised disclosure of material made or obtained by a current or former Commonwealth officer.

Mr Dutton said the government would also have to demonstrate the harm that had been caused by a leak when referring it to the AFP.

Labor’s home affairs spokeswoman Kristina Keneally said it had taken Mr Dutton 67 days to speak up about “freedom of the press and the public’s right to know”.

“Mr Dutton waited until 4pm on a Friday afternoon — just days before the Parliamentary Joint Committee on Intelligence and Security’s public hearings into press freedoms — to announce his Ministerial Direction on Investigative Action Involving Journalists,” she said. “This is a cowardly act.” The AFP raided Ms Smethurst’s home over the 2018 publication of a leaked plan to give new powers to the Australian Signals Directorate to spy on Australian citizens.