Incident
Australia's High Court invalidates warrant for raid on journalist Annika Smethurst
Australia's High Court ruled that the warrant the Australian Federal Police used to raid News Corp journalist Annika Smethurst's home over a national-security leak was invalid, and weeks later the AFP said it would not lay charges against her, citing insufficient evidence.1
What happened
The Australian Federal Police had searched journalist Annika Smethurst's Canberra home in 2019 over her reporting on leaked documents describing plans to expand the Australian Signals Directorate's powers to monitor Australians domestically. Smethurst challenged the warrant, and on April 15, 2020, Australia's High Court unanimously ruled it invalid because it failed to properly specify the offense being investigated, though the court allowed police to keep the seized material for any future prosecution. On May 27, 2020, AFP Deputy Commissioner Ian McCartney announced the agency would not charge Smethurst, saying there was insufficient evidence to establish the path the leaked document had taken or who had provided it. The Media, Entertainment and Arts Alliance said the case showed how national-security laws could be misused against legitimate public-interest journalism, and the Law Council of Australia's president said the law still left journalists exposed to investigation and prosecution.1234
What reason was given
Stated justificationThe AFP said its investigation could not establish, with sufficient evidence, how the leaked document had moved or who had provided it to Smethurst.1234
What changed for reporting
A journalist's home was searched and her devices seized over a story about government surveillance powers, and although the warrant was ultimately found invalid and no charges followed, press-freedom groups said the case showed reporters remained exposed to similar national-security investigations.3
Timeline
2020
Who acted
| Name | Role in this incident | Office at the time |
|---|---|---|
| Australian Federal Police | enforced | National police force |
| Scott Morrison | other | Prime Minister of Australia, 2018-2022 |
Outlets and journalists
| Name | Kind | Relation |
|---|---|---|
| Annika Smethurst | journalist | affected |
Sources
- Charges against News Corp journalist Annika Smethurst still possible after High Court throws out AFP warrant
- AFP won't charge journalist Annika Smethurst after probe of leaked documents
Claims and evidence
Each numbered claim quotes the source it rests on.
- The High Court found the search warrant used against Smethurst was invalid because it failed to specify the offense under investigation.
the warrant was invalid because it failed to specify the offence being investigated.
Charges against News Corp journalist Annika Smethurst still possible after High Court throws out AFP warrant, ABC News (Australia), 2020-04-15.Claim 474, checked 2026-09-22. - The AFP's deputy commissioner said there was insufficient evidence to establish the document's path or source.
There was insufficient evidence to show the path of the (leaked) document, where it came from, and who it went to.
AFP won't charge journalist Annika Smethurst after probe of leaked documents, SBS News, 2020-05-27.Claim 475, checked 2026-09-22. - The journalists' union said the case showed how national-security laws could be misused against public-interest journalism.
It shows how Australia's national security laws are being misused in order to criminalise legitimate public interest journalism.
AFP won't charge journalist Annika Smethurst after probe of leaked documents, SBS News, 2020-05-27.Claim 476, checked 2026-09-22. - The Law Council of Australia's president said the law continued to leave journalists exposed to investigation and prosecution.
The law continues to leave journalists and media organisations exposed to possible police investigation and prosecution.
AFP won't charge journalist Annika Smethurst after probe of leaked documents, SBS News, 2020-05-27.Claim 477, checked 2026-09-22.