R v McManus and Harvey[1] is a landmark Australian court case for freedom of the press, whistleblowers and reporters privilege that resulted in journalists gaining greater safeguards to protect their sources.
[5] A civil servant, Desmond Patrick Kelly, was subsequently charged with a breach of the Commonwealth Crimes Act, but at a pre-trial hearing in August 2005 McManus and Harvey refused to give evidence.
[12] The ensuing outcry from the McManus and Harvey convictions prompted both the John Howard and Kevin Rudd Governments to introduce laws to provide some level of protection for journalists regarding their sources in 2007 and 2009.
Both Bills were referred to the Legal and Constitutional Affairs Legislation Committee,[13] which recommended the Wilkie amendments, based largely on New Zealand "shield laws", were preferable.
Prominent politicians who supported the Wilkie Bill included former Attorney-General Robert McClelland and South Australian independent Senator Nick Xenophon.