ABC, News Corp ready for legal fight on police raids

Mariam Cheik-Hussein
By Mariam Cheik-Hussein | 25 June 2019
 
Michael Miller

News Corp Australia and the ABC will fight the recent Australian Federal Police raids on their journalists.

The ABC has lodged an application in the Federal Court to set aside the warrant that authorised the raid, while News Corp has flagged its own legal challenge.

David Anderson, the public broadcaster’s managing director, confirmed the court action, in which the ABC will also demand the return of seized files.

“The ABC is asking the court for a declaration that the warrant was invalid on several technical grounds that underline the fundamental importance of investigative journalism and protection of confidential sources,” Anderson says.

“We are also challenging the constitutional validity of the warrant on the basis that it hinders our implied freedom of political communication."

Anderson doesn’t expect a hearing until late July-early August, but the Australian Federal Police has given an undertaking not to access the files until the proceedings are determined.

Meanwhile, News Corp Australiasia executive chair Michael Miller also confirmed legal action.

“We will challenge the validity of the warrant used to conduct the Australian Federal Police raid on the Canberra home of journalist Annika Smethurst because we are determined to fight for journalism and for the public's right to know,” Miller says.

“We also invite the AFP to confirm that it is discontinuing its investigation into both Annika and News Corp."

Miller, Anderson and Hugh Marks, Nine CEO, will also be speaking at the National Press Club tomorrow on the issue. They are expected to call for tougher laws to protect free press, rather than an inquiry which has been suggested by the federal government.

“Collectively and individually, we are committed to working constructively with the Government to address weaknesses in the legal protections for journalists and whistleblowers and to push for meaningful, urgent reform,” Anderson says.

The warrants the ABC is fighting relate the the raid on its newsroom in Ultimo, while News Corp is challenging a raid on its journalist Annika Smethurst earlier this month.

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