Face of Nation : Australian Security Intelligence Organisation deputy director-general of operations Heather Cook made the claim as she appeared before a parliamentary inquiry into press freedoms in Canberra today. The inquiry also heard the explosive claim that one of Australia’s allies threatened to stop sharing intelligence after top secret information was leaked to the media in 2014.
Ms Cook claimed foreign spies have also targeted or tried to recruit real journalists as she argued before the committee in Canberra that media should not be given exemptions from laws that criminalised classified information leaks, regardless of whether they had reported on matters of public interest.
“This is not meant to in any way malign the profession of journalism but journalism can provide an ideal cover for foreign powers seeking to hide their actions from our intelligence and law enforcement agencies,” Ms Cook said. He argued that stronger protections for journalists and whistleblowers would not put them above the law, but would allow them to report on the public interest without fear of being jailed for doing their jobs.
“Australian journalists have self-reported to ASIO that foreign intelligence actors have sought to recruit them in order to gain access to privileged information or to senior officials,” she said. Ms Cook argued any “broad” legal exceptions for the media and journalists would “invite exploitation by foreign intelligence actors” and “may increase the threat faced by Australian journalists”.
She also argued that Australia’s allies could reconsider their “willingness to share information” with ASIO if leaks were published in the media, which would impact its ability to counter national security threats. Ms Cook also said it would be “difficult, if not impossible” for media organisations to have the “context” required to know if publishing classified information could jeopardise sources in active intelligence operations.
AFP Deputy Commissioner of Operations Neil Gaughan refused to name the allied country that threatened to withhold intelligence information from Australia as he revealed the threat today. Mr Colvin did not rule out charges being laid against Ms Smethurst over her 2018 report on plans to expand the powers of cyber intelligence agency, the Australian Signals Directorate, to monitor Australian citizens without their knowledge.
“One of the biggest concerns we have in relation to top secret and secret information being made in the public domain is it goes to the issue of reputation and trust that are held by our international partners, law enforcement and intelligence, about our ability to protect information,” Mr Gaughan said.
Meanwhile, Home Affairs secretary Michael Pezzullo revealed he had “actually forgotten” about the ongoing leak investigation for more than a year until Ms Smethurst’s home was raided. The Home Affairs boss told the inquiry he only remembered the AFP were investigating the source of the 2018 story when he was informed on the day officers raided her Canberra home.
He said it was then he recalled it was “a serious matter that had been referred by my colleagues in the Defence Department”. Labor Shadow Attorney Mark Dreyfus questioned how Mr Pezzullo could have forgotten about the case given he had since demonstrated an “incredible level of upset, almost rage” about the leak during the committee hearing.
Mr Pezzullo said he had previously believed investigators had reached a “dead end” in the case and he had “put it out of my mind”. “But the fact (the AFP) are closing in, fills me the optimism that the law will be applied in this case.” Mr Pezzullo also claimed Ms Smethurst “mischaracterized” the documents in her story, adding that the leak itself was a “falsehood” and “erroneous”.
“It was completely to do with something else about someone creating an impression that Home Affairs wanted to create certain authorities for onshore spying, that was a complete falsehood. “It was designed to play into a Canberra game about which agency is asking other agencies to expand its power and remits and it is completely unacceptable for public servants to be playing in that way.”
AFP Commissioner Andrew Colvin defended the AFP’s restraint in not investigating more journalists, saying the organisation understood the “magnitude” of “any interaction between police and a journalist”. “Contrary to the perception this is not a decision that we take lightly. In fact, in the last five years alone the AFP has received 75 referrals for potential unauthorised disclosure offences,” he said. “Each and every one of them could have resulted in evidence being sought from a journalist or a media organisation.
