The Claim
“Referred journalists to the police after they reported on immigration matters, including the illegal breaches of Indonesia's borders.”
Original Sources Provided
✅ FACTUAL VERIFICATION
The claim is TRUE. Over a 12-month period from 2013-2014, federal government agencies referred stories by journalists from Guardian Australia, news.com.au, and The West Australian to the Australian Federal Police (AFP) for their reporting on asylum seeker operations [1].
Key verified facts:
At least eight referrals were made to the AFP regarding asylum seeker stories, with almost every referral made since the Coalition took office in September 2013 being directly related to immigration reporting [1]
Guardian Australia's report that an Australian customs vessel entered deeper into Indonesian waters than previously disclosed was referred by Michael Pezzullo, head of Australian Customs and Border Protection Services [1]
West Australian journalist Nick Butterly was referred twice - in February 2014 for a story about people smugglers struggling to fill boats, and in May 2014 for a report on an intercepted asylum seeker vessel [1]
On 9 December 2013, the Defence Department referred a news.com.au article by Ian McPhedran about an Australian patrol boat sinking an asylum seeker boat after towing it from Christmas Island [1]
Some investigations were still active at the time of the January 2015 Guardian report [1]
Pezzullo's referral letter stated the suspected disclosure related to "operational and assessment activity that is not available through open sources or authorised media releases" [1]
Missing Context
Secrecy provisions and legal framework:
The referrals were made under Section 70 of the Commonwealth Crimes Act, which criminalizes unauthorized disclosure of government information [1]. The Australian Law Reform Commission (ALRC) had previously recommended this offense be wound back because it had "real concerns" that "disclosure of any information regardless of its nature of sensitivity" could be caught by the offense [1].
Border Force Act escalation:
The government subsequently passed the Australian Border Force Act 2015, which made it a criminal offense punishable by up to two years imprisonment for any person working directly or indirectly for the Department of Immigration and Border Protection to disclose "protected information" [2][3]. This went beyond the Crimes Act provisions and specifically targeted detention center workers and contractors.
Government justification:
The Department of Immigration and Border Protection stated: "Any unauthorised disclosure of information is an offence, the portfolio will continue to refer any matters to relevant agencies for consideration and investigation" [1]. The government maintained these measures were necessary for operational security regarding border protection activities.
Media and legal criticism:
The Media, Entertainment and Arts Alliance (MEAA) criticized the referrals as a "brutal, heavy-handed response by government agencies to legitimate news stories" aimed at punishing and silencing sources [1].
Source Credibility Assessment
The original source is The Guardian Australia - a mainstream news organization with a center-left editorial stance. The article was an exclusive investigation by journalist Paul Farrell based on Freedom of Information documents obtained from Customs and the AFP, as well as separate investigations [1].
Credibility assessment:
- Guardian Australia is a reputable mainstream news source, though it has a documented center-left editorial perspective
- The reporting was based on primary documents obtained through FOI requests
- The article included official responses from government agencies
- The claims were independently verifiable through the released referral documents
- Multiple news outlets (SMH, ABC) subsequently reported on the same issue [4][5]
Potential bias considerations:
- Guardian has historically been critical of Coalition asylum seeker policies
- The framing emphasizes press freedom concerns over government security arguments
- However, the factual claims are well-documented with primary source evidence
Labor Comparison
Did Labor do something similar?
Search conducted: "Labor government Rudd Gillard whistleblower prosecution journalists police 2007-2013"
Finding: No direct equivalent found of Labor referring journalists to police for immigration reporting. However, Labor governments did:
Establish the foundational framework: The Rudd/Gillard governments maintained the same Crimes Act provisions that the Coalition later used for referrals
Secrecy around asylum seeker policy: The 2012 expert panel on asylum seekers recommended maintaining secrecy around operational matters, which both major parties supported
2013 data breach incident: In February 2014, the Australian Information Commissioner opened an investigation into the Department of Immigration and Border Protection following a media report that a database containing personal information of approximately 10,000 asylum seekers was available on the department's website [6]. This incident occurred during the transition period after the Coalition took office but involved systems established under Labor.
Key distinction: While Labor did not appear to refer journalists to police for reporting on immigration matters, the Coalition significantly expanded secrecy measures with the Border Force Act 2015, creating specific two-year imprisonment provisions that went beyond the general Crimes Act framework [2][3].
Broader pattern: The 2019 AFP raids on ABC and News Corp journalists (investigating stories about alleged Australian special forces war crimes in Afghanistan and potential domestic surveillance expansion) demonstrate that referral of journalists to police continued beyond the specific immigration context of 2013-2015 [7][8]. These raids occurred under the Coalition government but targeted different subject matter.
Balanced Perspective
Government perspective:
The Coalition argued that unauthorized disclosures of classified operational information regarding border protection activities compromised national security and operational effectiveness. The referrals were made by departmental heads (Michael Pezzullo of Customs/Border Protection) rather than political ministers directly. The government maintained that investigating leaks was standard practice for protecting sensitive information [1].
Critics' perspective:
Journalists and media advocates argued the referrals represented an unprecedented targeting of immigration reporting specifically, with almost all referrals since September 2013 concerning asylum seeker stories. The MEAA stated the aim was to "punish and silence those who inform the wider community of what is being done in their name" [1].
Comparative context:
Australia's approach to secrecy around asylum seeker operations is unusual internationally but has bipartisan support in principle. Both major parties have supported strong measures to prevent information disclosure about border protection operations. The key difference appears to be in enforcement intensity rather than legal framework.
Important nuance:
The referrals were for investigation of sources (whistleblowers) rather than prosecution of journalists themselves. However, the effect was to create a chilling environment for immigration reporting. The subsequent Border Force Act 2015 was more severe, directly threatening workers with imprisonment for disclosure.
Key context: This was not unique in Australian media-police relations. The 2019 AFP raids on ABC and News Corp demonstrate ongoing tensions between national security and press freedom that have persisted across government changes, though the 2013-2015 immigration referrals were unusually concentrated on a single topic area [7][8].
TRUE
7.0
out of 10
The factual claim is accurate. Federal government agencies under the Coalition referred at least eight stories by journalists from Guardian Australia, news.com.au, and The West Australian to the AFP for investigation regarding their reporting on asylum seeker operations and border breaches [1]. These referrals included stories about Australian vessels entering Indonesian waters and asylum seeker boat interceptions. The claim correctly identifies that journalists were referred to police for reporting on immigration matters including border breaches.
Final Score
7.0
OUT OF 10
TRUE
The factual claim is accurate. Federal government agencies under the Coalition referred at least eight stories by journalists from Guardian Australia, news.com.au, and The West Australian to the AFP for investigation regarding their reporting on asylum seeker operations and border breaches [1]. These referrals included stories about Australian vessels entering Indonesian waters and asylum seeker boat interceptions. The claim correctly identifies that journalists were referred to police for reporting on immigration matters including border breaches.
📚 SOURCES & CITATIONS (8)
-
1
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
the Guardian -
2
Border Force Act: detention secrecy just got even worse
Those working in Australia's detention centres are now forbidden under threat of jail time from revealing information to anyone about anything they come across while doing their jobs.
Abc Net -
3PDF
The amended secrecy provisions of the Australian Border Force Act
Www5 Austlii Edu • PDF Document -
4
AFP asked to investigate Scott Morrison over alleged Nauru leak
Sarah Hanson-Young says minister’s staff may have contravened Crimes Act by revealing detention centre information
the Guardian -
5
AFP asked to investigate Immigration Minister Scott Morrison over alleged leak
The Australian Federal Police has been asked to investigate Immigration Minister Scott Morrison and his staff for leaking details of a confidential internal security report from Nauru to a journalist.
The Sydney Morning Herald -
6
Department of Immigration and Border Protection: own motion investigation report
Investigation into the Department of Immigration and Border Protection after a media report that a database with personal information of about 10,000 asylum seekers was on the Department's website
OAIC -
7
AFP raid on ABC reveals investigative journalism being put in same category as criminals
The raid on the ABC appears to be part of a new climate in which journalists and their sources of information are targeted and receive the sort of treatment previously reserved for criminals, writes John Lyons.
Abc Net -
8PDF
The 2019 AFP Raids on Australian Journalists
Law Uq Edu • PDF Document
Rating Scale Methodology
1-3: FALSE
Factually incorrect or malicious fabrication.
4-6: PARTIAL
Some truth but context is missing or skewed.
7-9: MOSTLY TRUE
Minor technicalities or phrasing issues.
10: ACCURATE
Perfectly verified and contextually fair.
Methodology: Ratings are determined through cross-referencing official government records, independent fact-checking organizations, and primary source documents.