Media advocates warn Senate inquiry journalists still face jail over secrecy law breaches, call for better protections
Major concerns about privacy laws that could lead to journalists being jailed for breaches have been raised at a Senate inquiry seven years after federal police raided the ABC and Sunday Telegraph reporter’s home.
The Australian Right to Know Coalition (ARTK) has told a Senate Committee that the government’s privacy legislation fails to protect media freedom and does not comply with recommendations from reviews.
The Privacy Provisions Amendment (Repeal of Offenses) Bill 2026 aims to tighten privacy laws so that those within government who disclose classified information face prosecution.
However, journalists can also be prosecuted for receiving and publishing leaked information, and they have no defense against 520 crimes under the law.
Evidence presented by the Coalition detailed how the Bill failed to implement recommendations made by the Attorney-General and the independent National Security Legislation Monitor.
He warned the Senate Legal and Constitutional Affairs Legislation Committee that democracy would be at risk if privacy laws were used to prevent Australians from knowing about mismanagement or corruption.
Free TV Australia Chief Executive Bridget Fair said on behalf of the Coalition: “Tomorrow marks exactly seven years since Australian Federal Police raided the home of then-News Corp journalist Annika Smethurst.”
“The very next day the AFP raided the ABC’s Sydney headquarters.
“These raids, targeting two completely different issues of public interest, sent shockwaves through the Australian media.
The rule of law and our democracy.
“They shined a harsh light on an undeniable truth: Australia’s privacy laws had become a direct threat to transparency and the vital role of the fourth estate.
“Since the events of June 2019, ARTK has sought a comprehensive review of these laws, keeping in mind a simple and fundamental principle: Journalists should not be at risk of imprisonment simply for doing their job.”
Ms Fair said Committee journalists were fully exposed to being prosecuted as complicit in “insider” crimes when they received information from a public sector source.
“The bill does not effectively support the needs of a well-functioning democracy, where journalists can be held accountable to the public interest,” he said.
Australian Federal Police raided Ms Smethurst’s Canberra home after the Sunday Telegraph published a report about the government’s plans to expand domestic spying powers in June 2019.
News.com.au reported that the story uncovered top-secret emails between Home Affairs Secretary Mike Pezzullo and Department of Home Affairs Secretary Greg Moriarty discussing plans to allow the cyberespionage agency to spy on Australian citizens without a warrant.
The High Court later ruled that the warrant authorizing the search of Smethurst’s property did not meet the most basic legal requirements.
