The broadcaster is challenging the constitutional validity of the raid warrant, and demanding the return of seized files

This article is more than 1 year old

This article is more than 1 year old

The ABC has asked the federal court to set aside the warrant that authorised the Australian federal police raid earlier this month and to demand the return of seized files.

The AFP raided the broadcaster earlier this month over a 2017 report into the clandestine operations of Australian special forces in Afghanistan.

The raid on the public broadcaster’s headquarters came just one day after the AFP raided the home of a News Corp political editor over articles she published in 2018 on proposals to expand Australia’s domestic surveillance capabilities.

The Australian reported on Monday that News Corp will also mount a legal challenge against the AFP raid on Annika Smethurst’s home.

The ABC chair, Ita Buttrose, and ABC managing director, David Anderson, strongly condemned the raids on the public broadcaster earlier this month.

ABC vows to continue reporting 'without fear' after police raid Sydney offices Read more

“It is important that Australians be advised of this action and of the determination of the ABC to defend our journalists and the crucial work they do informing the public,” Anderson said on Monday.

“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.

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

“The ABC is also seeking a permanent injunction to prevent the AFP accessing the material seized and to return it to us immediately. It is currently being held by the AFP in sealed envelopes.”

The application won’t be heard until the end of July at the earliest and the AFP has given the ABC an undertaking not to access the seized files.

Anderson told staff that management would use “every avenue” over the next few weeks to defend journalism and the public’s right to know.

The ABC has partnered with commercial media including News Corp and Nine Entertainment to push for legislative change.

In a rare show of unity, Anderson, executive chairman of News Corp Australasia Michael Miller and Nine CEO Hugh Marks will speak at the National Press Club on Wednesday.

Miller had an opinion piece published in the Sydney Morning Herald on Monday calling on governments to protect journalism and the three media executives are co-ordinating their legal efforts against the AFP.