Journalists reporting on asylum seekers referred to Australian police | Australia news | The GuardianJournalists reporting on asylum seekers referred to Australian police | Australia news | The Guardian










Close






Skip to main content

 









sign in








subscribe









search




jobs






more


from the guardian:


jobs


change edition:



switch to the UK edition


switch to the AU edition







US edition




switch to the UK edition




switch to the Australia edition













The Guardian


Winner of the Pulitzer prize











home


›
world


›
australia




UK


europe


americas


asia


middle east


africa










home




US




world
selected




opinion




sports




soccer




tech




arts




lifestyle




fashion




business




money




travel




environment







browse all sections
close







 











Australian immigration and asylum



Journalists reporting on asylum seekers referred to Australian police









Exclusive: Journalists covering the Australian government’s asylum seeker policies are repeatedly reported to federal police in bid to uncover sources 
• Read the referral documents • Comment: Journalism is not a crime, so why are reporters being referred to police? 














A boatload of asylum seekers arrive at Christmas island in December 2013. Journalists reporting on asylum seeker policies have been referred to police. Photograph: Jon Faulkner/AAP




Paul Farrell






@FarrellPF





Wednesday 21 January 2015 15.15 EST







Share on Facebook







Share on Twitter







Share via Email







Share on LinkedIn







Share on Google+







Share on WhatsApp
















Journalists reporting on the federal government’s asylum-seeker policies have been repeatedly referred to the police in attempts to uncover confidential sources and whistleblowers, a Guardian Australia investigation can reveal.
Over the past 12 months federal government agencies have referred stories by journalists from Guardian Australia, news.com.au and the West Australian to the Australian federal police (AFP) for their reporting on the government’s asylum seeker operations during the time Scott Morrison was immigration minister.
Almost every referral made to the AFP by federal government agencies “for unauthorised disclosure of commonwealth information” since the Coalition took office in September 2013 has been directly related to immigration reporting by journalists. 
At least eight referrals to the police were made on the subject of asylum seeker stories, and active police investigations continue into a number of the referrals. One referral related to a non-immigration matter was made by the integrity commissioner.
West Australian journalist Nick Butterly was referred twice – once in February 2014 for a story about people smugglers struggling to fill boats and once in May 2014 for a report on an intercepted asylum seeker vessel – by the head of the Australian Customs and Border Protection Services, Michael Pezzullo.
“On review of the article, it appears that several of the claims may have drawn upon classified information. This suspected disclosure of this classified information relates specifically to operational and assessment activity that is not available through open sources or authorised media releases,” Pezzullo wrote in one letter sent in February 2014, obtained by Guardian Australia.
“I would be grateful if your agency would accept the responsibility for investigating this matter with a view to identification and, if appropriate, prosecution of the persons responsible.”
Guardian Australia’s report that an Australian customs vessel entered much deeper into Indonesian waters than previously disclosed was also the subject of a referral by Pezzullo. A police investigation is still active.
“The AFP can confirm it has received a referral in relation to this matter from the Australian Customs and Border Protection Service,” a spokesman said.
“The investigation is ongoing and while this process is occurring, the AFP will not be providing further comment.”
In a third referral, on 9 December 2013, the defence department referred to the AFP a news.com.au article by Ian McPhedran about an Australian patrol boat sinking an asylum seeker boat after it was towed from Christmas Island.
“This incident constitutes a potential breach of operational security and potentially the commission of a criminal offence under the commonwealth Crimes Act,” an officer from the defence security authority wrote.
There have been several other referrals by the immigration department and customs – with some investigations still active – but both agencies have refused to release further details about the nature of those investigations.
Guardian Australia understands that one of the other reports referred to the AFP by Pezzullo concerned the vessel holding 157 asylum seekers that was diverted to the Cocos islands in July. An AFP spokeswoman would not confirm the referral concerned that report, saying it would not be appropriate to comment on an “ongoing investigation”.
A spokeswoman from the Department of Immigration and Border Protection said: “Any unauthorised disclosure of information is an offence, the portfolio will continue to refer any matters to relevant agencies for consideration and investigation.”
The details of the referrals have emerged from freedom of information requests to customs and the AFP, and separate investigations by Guardian Australia. 
The requests sought from immigration, customs, the AFP and defence every instance in which the federal police were asked to investigate unauthorised disclosures of information under the Crimes Act.
This is the section used to prosecute whistleblowers and leaks by federal government employees and private contractors.
The Australian Law Reform Commission (ALRC) has previously recommended this offence be wound back because it had “real concerns” that “disclosure of any information regardless of its nature of sensitivity” could be caught by the offence.
The chief executive officer of the Media, Entertainment and Arts Alliance, Paul Murphy, told Guardian Australia the attempts to prosecute sources undermined legitimate reporting.
“What we see in these disclosures is a brutal, heavy-handed response by government agencies to legitimate news stories,” he said. “The aim is to punish and silence those who inform the wider community of what is being done in their name. It aims to capture legitimate reporting by journalists and media organisations of activities in the public interest.
“Rather than moving in line with recommendations we’ve made or the ALRC made, the disturbing thing is that the government is moving in the opposite direction to further criminalise public interest disclosures.”



Topics



Australian immigration and asylum




Australian politics




Australian police and policing




Data protection








Share on Facebook







Share on Twitter







Share via Email







Share on LinkedIn







Share on Google+







Share on WhatsApp


























View all comments >







comments 
Sign in
or create your Guardian account to join the discussion.

This discussion is closed for comments.

We’re doing some maintenance right now. You can still read comments, but please come back later to add your own.


Commenting has been disabled for this account (why?)







Order by 


newest


oldest




Show 25


25


50


100




Threads 


collapsed


expanded


unthreaded





Loading comments… Trouble loading?




View more comments







 






more on this story














Journalists reported to AFP in bid to reveal sources: read the documents

Read the documents that reveal journalists covering the Australian government’s asylum seeker policies are repeatedly reported to federal police in bid to reveal sources 



Published: 21 Jan 2015




Journalists reported to AFP in bid to reveal sources: read the documents












Manus Island: two more hunger-strikers reportedly swallow razor blades

Several hundred men remain on hunger strike across the Australian-run detention centre as protests continue for eighth day



Published: 20 Jan 2015




Manus Island: two more hunger-strikers reportedly swallow razor blades












Australian-run asylum detention centres see sharp rise in serious incidents

Documents obtained under FOI reveal self-harm, assaults and infectious medical conditions among the hundreds of injuries sustained in past year by staff and asylum seekers 



Published: 20 Jan 2015




Australian-run asylum detention centres see sharp rise in serious incidents












Hunger-striking asylum seeker says staff withheld digestible food

Iranian man in Darwin detention centre who has gone more than 70 days without food, says he restarted his hunger strike after staff refused to serve specially prepared food 



Published: 19 Jan 2015




Hunger-striking asylum seeker says staff withheld digestible food














Manus Island hunger strike: asylum seekers carry out collapsed detainees




Published: 20 Jan 2015




Manus Island hunger strike: asylum seekers carry out collapsed detainees








Manus Island: video footage emerges of guards rushing protest compound




Published: 19 Jan 2015




Manus Island: video footage emerges of guards rushing protest compound








Peter Dutton praises PNG authorities for ending Manus Island standoff




Published: 19 Jan 2015




Peter Dutton praises PNG authorities for ending Manus Island standoff








Manus protesters barricade themselves in, fearing PNG mobile squad attack




Published: 18 Jan 2015




Manus protesters barricade themselves in, fearing PNG mobile squad attack

















popular












 








The Guardian






back to top














home




US




world
selected




opinion




sports




soccer




tech




arts




lifestyle




fashion




business




money




travel




environment







all sections
close







home




US




world
selected




UK




europe




americas




asia




middle east




africa




australia
selected






opinion




sports




soccer




MLS




NFL




MLB




NBA




NHL






soccer




live scores




tables




competitions




results




fixtures




clubs






tech




games






arts




movies




tv & radio




music




books




art & design




stage




classical






lifestyle




food




health




love & sex




family




women




home & garden






fashion




business




markets




companies






money




travel




USA




europe




UK






environment




development




cities






science




media




crosswords




video











World




›
Australia




›
Australian immigration and asylum








jobs

subscribe
all topics
all contributors

info and resources

contact us

feedback

complaints & corrections
terms & conditions
privacy policy
cookie policy
securedrop


© 2015 Guardian News and Media Limited or its affiliated companies. All rights reserved.






















 
