PUBLIC REPORT ON AUDIENCE COMMENTS AND COMPLAINTS
OCTOBER – DECEMBER 2003
1. ABC Complaint Handling Procedures
The ABC is responsible for the quality and standards of all programs on its services.
With so many program services being provided each day, from time to time errors may occur. The ABC aims to ensure that they happen as rarely as possible. However, should they occur, the ABC accepts responsibility and will respond promptly and appropriately.
The ABC aims to respond to complaints as quickly as possible and no later than 28 days after receipt of a complaint.
The roles of ABC Audience & Consumer Affairs and the ABC’s Complaints Review Executive are described below.
ABC Audience & Consumer Affairs
ABC Audience & Consumer Affairs deals with written complaints about ABC programs.
Depending on the nature of the complaint, it will either be investigated by Audience & Consumer Affairs or referred to the relevant division for direct response. All written complaints alleging a breach of the ABC’s Editorial Policies will be investigated by Audience & Consumer Affairs.
Audience & Consumer Affairs is independent of program making divisions within the ABC.
Complaints can be sent to Audience & Consumer Affairs at GPO Box 9994 in your capital city, or submitted via ABC Online at www.abc.net.au/contact.
If a complainant expresses dissatisfaction with a response received from Audience & Consumer Affairs, the complaint and response will be forwarded to the ABC’s Complaints Review Executive (CRE) for independent review.
Complaints Review Executive
The ABC established the role of Complaints Review Executive (CRE) to provide an additional level of internal review for complainants who express dissatisfaction with ABC Audience & Consumer Affairs’ response to their complaint.
The CRE has broad scope to independently review the broadcast and the manner in which the complaint was originally dealt with, and determine whether the ABC acted appropriately. The CRE is independent of both ABC Audience & Consumer Affairs and all program makers.
This additional tier of internal review does not preclude complainants from seeking external review via the Australian Broadcasting Authority, or the ABC’s Independent Complaints Review Panel, depending on the nature of the complaint. Both these forms of review are external and entirely independent of the ABC.
2. Overview
This report provides information about audience complaints finalised by ABC Audience & Consumer Affairs and the ABC’s Complaints Review Executive between 1 October and 31 December 2003.
Specifically, the report outlines • the overall composition of audience contacts • timeliness of ABC responses • the subject matter of complaints received • the number of complaints upheld by the ABC
The report also provides summary details of all complaints upheld by Audience & Consumer Affairs and all investigations finalised by the Complaints Review Executive during this period.
Overall, there were 5388 written contacts finalised during this period. Of these, complaints made up the majority of contacts with 2883 (or 53%) complaints. Of these complaints, 100 were upheld either fully or partially. This represents 3.4% of all complaints, or 1.8% of all contacts to the ABC, which were finalised during this period.
Overall composition of audience contacts
Between 1 October and 31 December 2003, ABC Audience & Consumer Affairs dealt with 5,388 written contacts from audience members. The continued increase in complaint numbers in the past three months is in part due to cuts to programs and services announced following the Federal Budget in May.
Table 1: Written contacts finalised. Type of contact Email Letter Total % of Total
Complaint 1798 1085 2883 53%
Appreciation / Request / Suggestion 2079 286 2365 44%
Other contacts 96 44 140 3%
Grand Total 3973 1415 5388 100%
Timeliness of responses Table 2: Timeliness of responses provided.
Type of contact Average response time % of responses provided within 28 days Complaint 25 days 62% All written contacts 31 days 55% Subject matter of complaints finalised
From 1 October to 31 December 2003, Audience & Consumer Affairs dealt with 2,883 complaints. Topics of complaint were as follows: Table 3: Topics of complaints finalised % of Number of complaints Subject complaints finalised
Matters of fairness, accuracy and independence Other bias 214 7.4% Factual inaccuracy 138 4.8% Party political bias 118 4.1% 71 2.5% News values / News content Lack of balance 52 1.8%
Discrimination 30 1.0% Unfair treatment 21 0.7% Incidental advertising 11 0.4% Harm to individuals / organisations featured in programs 60.2% Racism 30.1% Invasion of privacy 30.1% Sexism 30.1% Matters of taste and standards Scheduling / program changes 329 11.4% Standards of interviewing / presentation 172 6.0% Quality - general 94 3.3% 64 2.2% Poor taste Violence 48 1.7%
Bad language 30 1.0% Sensitivity and portrayal 29 1.0% Bad example 25 0.9% Offence to religious feeling 20 0.7% Language - other 21 0.7% Program classifications 17 0.6% Language - pronunciation / grammar 14 0.5% Sex and sexuality 90.3%
Too many repeats 30.1%
Intrusiveness 10.0%
Other Management issues* 1196 41.5% Other 48 1.7%
Customer service / complaints handling 44 1.5%
Transmission 18 0.6% Promotions - ABC programs and products 13 0.5% Sport 60.2% Internet - technical difficulties 50.2% Weather 40.1% Captions 30.1% Grand Total 2883 100.0%
* Note that the large number of complaints classified as “Management issues” relate to cuts to ABC programs and services announced after the Federal Budget in May 2003.
Number of complaints upheld
During the period 1 October to 31 December 2003, 100 complaints were upheld either fully or partially – 3.4% of the total complaints finalised; 1.8% of the total contacts finalised. 3. Summary of complaints upheld by the ABC
The following summary provides details of all complaints finalised by the ABC’s Audience & Consumer Affairs unit between 1 October and 31 December 2003 where the complaint was either fully or partially upheld. The extent to which the complaint was upheld is indicated in each summary. In all cases, the complainant received a written response outlining the ABC’s findings.
(i) Matters of fairness, accuracy and independence
An ABC News Online user complained about factual inaccuracy in an item “Niger leader denies uranium deal with Iraq.” We acknowledged that aspects of the item were poorly worded and some essential facts had been misrepresented. The story was removed from the website.
A viewer complained about factual inaccuracy in a 7pm News item regarding snowfall in parts of the Great Southern in Western Australia. We agreed that the introduction to the item should have stated that snow fell for the first time in ‘recent memory’, rather than in ‘living memory’.
A viewer complained that the Four Corners program ‘Patently a Problem’ failed to make clear that Genetic Technologies non-coding DNA patents had a limited life-span from the time an application was filed. The ABC acknowledged that this information was relevant and should have been clearly stated.
The complainant was also unhappy with an item on The 7.30 Report, which inaccurately stated that ethanol was a non-renewable fuel. The ABC advised that the report was based on Cornell University Research, which claimed that aspects of the production of ethanol actually consumed more energy than it produced. The ABC agreed that the report would have been placed in a clearer context if the statement about ethanol had been identified as arising from the University research.
A listener complained about factual inaccuracy in a The World Today item which stated that Father Stanlisas Lalanne was head of the Catholic Church in France. We apologised for the error and advised that the transcript of this report had since been amended.
A listener complained about factual inaccuracy in Radio News reports concerning the location of a violent incident in Sydney. The ABC acknowledged that reports had inaccurately stated that Penshurst was south west of Sydney, rather than in the southern suburbs.
A viewer complained that the ABC’s broadcast of the unveiling of the Australian War Memorial in London was incorrectly described as “live”. The ABC apologised for this error.
We received a complaint about an error in the rank of General Peter Cosgrove in reports of the unveiling of the Australian War Memorial in London. We apologised for the mistake.
An ABC News Online user complained about a story which incorrectly stated that Captain James Yee, a military chaplain based at Guantanamo Bay, was arrested on September 20 on suspicion of espionage. Captain James Yee had been in pre-trial confinement since September 10, and was charged with violating the regulation on safeguarding classified information. The ABC apologised for the error and advised that the story had since been corrected.
A listener complained that an ABC NewsRadio item referred to UK weapons expert Dr David Kelly as Mr Kelly and that the presenter inferred that UK Prime Minister Tony Blair himself was being investigated for “sexing up” a government report, rather than the Ministry of Defence. We apologised for these errors.
An ABC News Online user complained about an item which incorrectly used a photo of a KLM, rather than a Virgin plane, to illustrate a story about a mid-air incident near Melbourne. The ABC apologised for this error and advised that the photo had since been removed from the site.
An ABC News Online user complained that a headline accompanying a story about a mid-air incident near Melbourne was misleading. The ABC acknowledged that the original headline, "Company defends new air traffic control system" was incorrect. As soon as the online producers realised that the headline was inaccurate, it was altered.
A listener complained about factual inaccuracy in a report broadcast on AM and The World Today about Opposition Leader Mark Latham’s proposed changes to income tax thresholds. The report incorrectly stated that people earning "up to $80,000" a year would benefit, whereas the proposals would actually benefit anyone earning $62,000 and above. We apologised for the error.
A viewer complained that a 7pm News report incorrectly stated that 76 US troops had died in Iraq since the war ended. We apologised for the error and acknowledged that the real figure was in excess of 170 dead.
We received a complaint that ABC staff had been featured in the press saying that no complaints had been received about bad language during an interview with Russell Crowe on Enough Rope. Unfortunately, the complainant’s initial email on this topic had been misplaced, and not responded to. We apologised for this oversight.
The complainant's concern about bad language during Enough Rope was not upheld.
An ABC Online user complained about inaccuracy in a headline which incorrectly referred to the "Clark inquest", in reference to the trial of ATSIC Chairman Geoff Clark. We apologised for the error, and advised that it had since been corrected.
We received six complaints regarding a 7pm News report about unexploded ordnance in Baghdad, which included footage of Iraqi children climbing the bombs. These complaints arose from a Media Watch story on this news item.
The ABC apologised unreservedly for the serious error of judgment and emphasised that the reporter was aware that her actions were unacceptable.
A viewer complained that an episode of Journeys to the Ends of the Earth incorrectly referred to Alexander the Great as Greek, when in fact he was Macedonian. The ABC apologised and advised the complainant that it would inform the program makers of this error.
A listener complained that an ABC Radio presenter inaccurately stated that Valentino Rossi was the fastest man on wheels on a Victorian road, when in fact Michael Schumacher was faster in Formula 1. Rossi was the fastest on two wheels. We apologised for this error.
A listener complained that an AM report had incorrectly stated that the Dow had closed up seventy points, when in fact it had closed down. We apologised for the error and advised that the information was corrected in time for its airing on delay across the range of ABC radio networks.
A listener complained that PM presenter Mark Colvin incorrectly referred to West Papua as Irian Jaya. We apologised for this error.
We received two complaints about factual inaccuracy in an AM report about media access to HMAS Kanimbla during the war in Iraq. We agreed that, as Channels 7 and 9 had been aboard the Kanimbla, it would have been preferable for the reporter to have said that an 'Australian Broadcasting Corporation crew' had been denied access, rather than the more general 'Australian media'.
A listener complained that a The World Today interview with Ali Kazak, head of the Palestinian delegation in Australia, was misleading. The ABC agreed that the reporter erred in structuring a hypothetical question about funding for “extremist Israeli terrorist groups” as he did not balance his question by making a similar reference to “extremist Palestinian terrorist groups”.
We received a complaint about a Stateline report about a Prep school trial year which incorrectly referred to Camp Hill Infants School as the Camp Hill State School. We apologised for this mistake.
Two viewers complained about a graphic of the Grim Reaper accompanying an ABC News Online item about the Federal Government’s new AIDS advisory body. We agreed that the graphic, and an erroneous caption, were not appropriate for the story.
The ABC received two complaints about an AM item, which incorrectly stated that the Israeli army had destroyed 1,500 homes in Rafah. We acknowledged that the item should have stated that an estimated 1,500 people in Rafah had been made homeless as a result of the Israeli Defence Force operation. The ABC advised that the presenter had made an error in the introduction and an on-air correction was provided in the following edition of the program. The website transcript was also corrected.
Four viewers complained that a graphic from a report on the Snowtown murders in South Australia used the phrase ‘hatred of deviants’ as one of the main motives for the murders, thereby suggesting that homosexuals were deviants. We advised that the word ‘deviant’ should have been in inverted commas, as it quoted the defendants. The graphic was corrected for all subsequent versions of the story. We apologised to the complainants for any offence caused.
An ABC News Online user complained that an item incorrectly quoted Alexander Downer as saying “They certainly will be made aware if they decide to go ahead with the explosion of Yasser Arafat…”. The ABC advised that the report should have referred to the “expulsion” of Mr Arafat. The error had been picked up by the production team and was corrected, prior to receiving the complaint.
A listener complained that ABC Classic FM Breakfast presenter Clive Robertson read a listener’s letter of complaint on-air, revealed the person’s name and criticised their letter writing skills. We apologised unreservedly for this inappropriate action.
We received a complaint that an interview was recorded and broadcast on ABC Radio News, without seeking prior permission from the interviewee. We apologised unreservedly for this serious breach of Editorial Policies, which occurred after the reporter assumed that the interviewee knew that the interview was being recorded. The ABC advised that all reporters were instructed to obtain the interviewee’s consent before an interview was recorded. The reporter had been formally reprimanded regarding this incident.
An ABC News Online user complained that a report, “Palestinian gunman killed in firefight with settlers, soldiers” referred to Israeli settlers as ‘hardline’ and ‘radical’. We agreed that these words should not have been used. We advised that the references had since been removed.
The ABC received a complaint that a promotion for “Delicious” magazine on ABC Television misspelt “dessert” as “desert”. We apologised for the error and advised that the promotion had since been removed.
We received a complaint that Jon Faine had misrepresented the content of a complaint about the broadcast of unsupported allegations about the complainant, which were contained in an anonymous document circulated to media organisations. We agreed that John Faine had inaccurately stated that the original complaint was predicated on the fact that he had simply “mentioned such a document existed”.
There were five complaints about a news item which inaccurately referred to “illegal asylum seekers”. We apologised and advised that the phrase should not have been used and was contrary to ABC policy.
A listener complained that an AM report incorrectly referred to Hamas as a terrorist organisation. We apologised for this error and advised that the ABC was guided by the United Nations list of terrorist organisations, which does not include Hamas as a terrorist group.
We received five complaints about a transcription error in an AM online item about the bombing of the Red Cross headquarters in Baghdad. The original radio report stated "Coalition officials say the man was a Syrian." However when the report was transcribed, the transcriber mis-heard and wrote "Assyrian" by mistake. We apologised for this error and advised that the transcript had been corrected.
A listener complained about factual inaccuracy in a The World Today report about a proposed shipment of toxic waste from Pacific Islands nations to Brisbane. We agreed that the introduction to the report confused the project starting date with the supposed date of the arrival of waste in Australia. We advised that the online transcript had been corrected and the Online audio version of the item has been removed from the website.
A listener complained that Liam Bartlett showed bias during a discussion about mining on the WA Morning program. The ABC agreed that the presenter failed to separate his personal feelings from the substance of the story. The matter had been raised with the presenter immediately after the program and the program makers had been reminded of their obligations under the Editorial Policies.
A viewer complained that a The 7.30 Report item about the nature and use of zinc phosphide in mouse eradication included inaccurate information. We acknowledged that the program showed an unrelated anticoagulant bait during narration about zinc phosphide bait. This sequence and the accompanying narration had been constructed from information given by an eminently qualified expert, who was also a joint venture partner of the complainant’s company.
A listener complained that a Radio News item regarding the bombing of Damascus in Syria omitted Syrian claims that the area bombed was civilian. The complainant also felt that the report favoured the Israeli viewpoint. We agreed that the report was less than satisfactory, but this was due to poor journalistic judgement rather than bias. The matter had been brought to the attention of the producer concerned.
We received one complaint about the Triple J Morning Show, concerning a reference by Karl Kruszelnicki to the Parliamentary performance of some One Nation members. The comment was made during a broader discussion about the ability of politicians to adequately brief themselves in order to speak knowledgably about a range of issues in Parliament. We agreed that the comments lacked impartiality.
The ABC noted that Karl Kruszelnicki’s comments were moderated by the Morning Show presenter, Steve Cannane, who emphasised that One Nation politicians couldn't be expected to have the same level of experience as long-serving politicians, having only been in Parliament for a short time.
An ABC Online user complained about an error in the Canberra region weather search feature on the front page of the ABC website. We apologised for the error and advised that it had since been corrected.
A complainant queried the accuracy of Audience & Consumer Affairs’ response to a complaint regarding a Radio News item about the anniversary of the Tampa incident. We acknowledged that the first response provided to the complainant had been unclear and may have been misleading. This occurred because the response referred to a subsequent version of the story the complainant had complained about, as the story had changed over the course of the day. We apologised for this error.
A viewer complained about a news item about the proposed Telstra sale, which included old file footage of Democrats former Senator Vicki Bourne. We advised that the footage was intended to illustrate events at the time when Vicki Bourne was still a Senator. We agreed that the footage should have included a date caption.
The ABC received a complaint that a news item incorrectly referred to meningococcal meningitis as a virus. We apologised for the error.
A viewer complained that an item on Gardening Australia provided incorrect information about the orchid Dendrobium speciosum. We apologised for the error, which occurred when the presenter transposed the word ‘discovered’ for the word ‘described’, providing an inaccurate record of events.
We received one complaint about errors in the time zones on ABC News Online and Midday News and Business. We acknowledged the errors and advised that they had since been corrected.
(ii) Matters of taste and standards
There were four complaints about the poor production quality of the ABC’s live coverage of the Australian Film Institute 2003 Awards. We apologised and advised that the telecast had been affected by a number of technical problems.
We received two complaints about a hoax broadcast on the 774 Evening program, which aimed to celebrate the 65th anniversary of Orson Welles’ broadcast on US radio of an adaptation of H. G. Wells’ classic "The War of the Worlds" which was presented as a real news broadcast of an invasion from Mars. The hoax comprised broadcast of information that unidentified objects had landed on the MCG.
The ABC advised that the Local Radio Manager for Victoria heard the broadcast part way through and immediately ordered that it be halted and an apology offered to listeners. A sincere apology was subsequently offered to listeners.
The ABC agreed that the broadcast was inappropriate and could have caused unnecessary anxiety in the community and advised that the program team had been counselled that the broadcast was in poor taste.
The ABC also noted that a boast made by program makers the following day that the public had been fooled by the broadcast was in poor taste and inappropriate, and staff responsible had been counselled as a result of this further incident.
We received one complaint that an 8.30pm News Update referred to the Prime Minister as “John Howard”, without his proper title. We acknowledged the error and advised that it was normal practice to include a person’s title.
A viewer complained that a graphic of the Australian flag on the 7pm News was incorrectly displayed. The ABC apologised for the error.
A listener complained that the regular guest presenter of Petcare talkback on ABC Local Radio Victoria was aggressive and rude to a talkback caller. We acknowledged that the presenter behaved unacceptably on this occasion.
A viewer complained that a rage video clip called ‘Get Glue’, broadcast in a ‘G’ timeslot, included images of people lighting aerosol cans. The ABC advised that the rage program team initially saw the use of the flames in a performance, or circus context. However, the team had reconsidered the video and agreed that the imagery was inappropriate. The video had been re-edited to remove these scenes.
A viewer complained about a The 7.30 Report item which described a Hamas suicide bomber as an "activist". The ABC agreed that this was inappropriate.
A viewer complained about a television promotion for After the Fires, a program about the January 2003 bushfires in Canberra, which used John Farnham's “Burn For You” as background music. The ABC agreed that the choice of music, designed to create an emotional connection with the program, could have been seen as an insensitive choice. After viewing the promotion that went to air, the Television Division recognised that the choice of music could cause offence and withdrew the promotion.
A listener complained about an inappropriate comment made by 702 ABC Sydney Mornings program presenter Sally Loane during a segment on camping. The comment stated that some people might prefer having their fingernails pulled out by an Iraqi dictator, rather than go camping. We agreed that the comment was inappropriate.
An ABC Online user complained about an inappropriate posting in the Bananas in Pyjamas guest book. The ABC sincerely apologised for the offensive content, which was removed as soon as the complaint was received.
The ABC also advised that ABC Children’s Online, in liaison with Television had undertaken an urgent review of its moderation policies and procedures to ensure that such an event did not recur.
A listener complained that ABC Classic FM Breakfast presenter Clive Robertson suggested Santa Claus was a paedophile and that he had added ‘he wasn’t a Catholic either, which is unusual’. Although intended as humour, we agreed that the presenter’s comments were unacceptable and advised that Mr Robertson had been reminded of his obligations under the ABC’s Editorial Policies to avoid the use of prejudicial comments.
We received four complaints about coarse language by presenter David Marr during an edition of Media Watch. We apologised for the lapse and advised that the coarse language had been removed from the repeat edition.
An ABC News Online user complained about the incorrect use of the word "unsatisfied", rather than “dissatisfied” in an item, "Qld doctors unsatisfied with medical indemnity offer". We apologised for the error and advised that the ABC had implemented procedures to improve grammar in its online content.
(iii) Other
A listener complained that a Triple J producer was rude and aggressive in response to a complaint regarding a prank call segment. The ABC apologised for this serious breach of standards, which require all listeners to be treated with respect and courtesy at all times.
The staff member had personally apologised to the complainant for the email exchange.
We received a complaint about an inappropriate response to an ABC NewsRadio listener’s complaint about the lack of cricket updates during the Rugby World Cup coverage. The ABC apologised for this incident.
We received a complaint from an audience member who had not received a response to a program Archives enquiry, originally sent in January 2003. We apologised for the oversight, which was due to a series of administrative errors. While a response to the original enquiry had been prepared, it was apparently not sent. A follow-up enquiry, sent in September 2003, did not alert us to this error, and was also unanswered.
Once discovered, the original response was sent immediately and the person was offered an invitation to visit and tour the ABC Archives at Ultimo.
A viewer complained about the use of the phrase “shut up” in two episodes of Thomas the Tank Engine and Friends. Unfortunately, an initial review of the tapes failed to pick up the use of the word and our response to the complainant incorrectly advised that the word was not used. When the complainant provided direct quotes from two episodes, a further check was carried out and the language was identified on two separate occasions. We apologised for the error in our initial response.
A viewer complained that a CNNNN skit about funding for private versus public schools was misleading. While the program content aspect of the complaint was not upheld, the complaint was upheld in regard to complaint handling, as the complainant’s original email was unaccountably mislaid, resulting in it not being responded to within the required timeframe. We apologised for this lapse, and advised that a review of procedures for email processing had been carried out, in order to minimise the risk of this recurring.
A viewer complained that episodes of The Glass House and Absolutely Fabulous were shown twice in one evening. We apologised for the error, which was due to a technical problem.
A viewer complained about a break in transmission on Midday News and Business, during Mark Latham’s first news conference as Opposition Leader. We apologised for the loss of transmission, which was caused by a studio fault due to the installation of new equipment. Mark Latham’s news conference was repeated in full during the 7pm News the same evening.
We received a complaint that the Catalyst website had used an image of a wombat from the complainant’s website without permission. We apologised for the error, and explained that the image should have been removed once program footage became available. The image had since been removed.
A viewer complained about poor customer service when lodging a complaint about a The 7.30 Report item about bomb making. The ABC apologised for the way in which the complainant’s telephone call to The 7.30 Report was handled. In regard to the complainant’s concerns about the item itself, the ABC advised that it believed the story was in the public interest and was handled sensibly and responsibly.
We received a complaint from a hotel manager, that an ABC staff member was rude and aggressive to one of the hotel staff. We apologised unreservedly and advised that the staff member’s unprofessional language and behaviour constituted a breach of the ABC’s Code of Conduct. ABC staff were expected to conduct themselves professionally and courteously when dealing with the public.
4. Summary of investigations completed by the Complaints Review Executive
During the period 1 October to 31 December 2003, the CRE finalised reviews into nine matters. In two cases, complaints were partially upheld.
1. News reporting – use of the term ‘terrorism’
Background
The complaint related to the use of the word ‘militant’ and ‘terrorist’ when referring to terrorist groups such as Hamas.
Finding
The CRE was unable to identify the exact report referred to by the complainant. Reporters were instructed to focus on the facts and clear description of events, rather than labelling events. The CRE noted that the Israeli Government used the term 'terrorist' to apply to a wide range of oppositional forces.
The complaint was not upheld.
2. Radio National – Breakfast – Sydney Institute
Background
The complaint centred on Gerard Henderson being introduced as the Executive Director of the Sydney Institute. The complainant felt that more specific information about the nature of funding of the Institute and its political perspective should be included.
Finding
The CRE concluded that labelling organisations or people ‘conservative’ or ‘left-wing’ was not always useful or accurate. However, the CRE agreed with the complainant’s view that listeners may confuse the function of the Sydney Institute with a TAFE college of the same name. To this extent, the CRE suggested that a fuller description of the function of the Institute was required from time to time.
The complaint was partially upheld.
3. News reporting – use of the term ‘terrorism’
Background
The complaint focussed on the use of the term ‘terrorism’ in news reports, specifically in reference to the Israeli-Palestinian conflict.
Finding
The CRE emphasised that ABC reporters were instructed to focus on reporting facts and clear description of events, rather than using conclusive labels such as ‘terrorist’. The CRE stated that on occasions when the ABC used the term, it was normally within the context of quoting a political leader. The ABC was also guided by the United Nation’s determinations on terrorist individuals and organisations.
The complaint was not upheld.
4. News reporting – David Irving film ‘The Search for Truth in History’
Background
The complaint expressed dissatisfaction with the ABC’s response to a complaint about reports regarding a David Irving film ‘The Search for Truth in History’. The complainant asserted that reporting was prejudicial towards the Victorian Jewish Community Council (VJCC), failed to adequately describe the reputation of David Irving, and prejudicially used the word ‘admitted’ in relation to a VJCC spokesman comment that he had not viewed the film.
Finding
The CRE concluded that the reports were fair and accurate and sufficiently established the position of the Council, David Irving's background and the arguments given by the Melbourne Underground Film Festival organisers. The CRE indicated that the reference to the spokesman’s ‘admission’ that he had not viewed the film was appropriate.
The complaint was not upheld.
5. Various ABC programs – lack of balance of opinion
Background
The complaint spanned a number of ABC programs including: various opinions expressed at the “Festival of Ideas” opening address, broadcast on Late Night Live; a The 7.30 Report item which stated that ‘intelligence agencies are taking the rap for their political masters’; views expressed by Robert Macklin on Stateline about Prime Minister John Howard; ‘highly politicised’ viewpoints on an Australia Talks Back edition about ABC funding; and Philip Adams’ criticism of Prime Minister John Howard in an edition of Late Night Live.
Finding
The CRE reviewed the content of the complaints and emphasised that a distinction needed to be made between content that the complainant had differing views about and content that allegedly breached the ABC Code of Practice. The CRE did not uphold the complainant’s concerns in terms of breaches of the Code.
The complaint was not upheld.
6. Media Watch - misrepresentation
Background
The complainant alleged that Media Watch had ‘seriously misrepresented’ an article authored by the complainant. The article presented the complainant’s views on an academic who had written about the Bali terrorist attack of October 2002.
As considerable correspondence had already been exchanged between the complainant and the program area, the complaint was referred directly to the Complaints Review Executive.
Finding
The CRE did not agree that David Marr’s critique and commentary amounted to misrepresentation, and emphasised that the Media Watch analysis was reasonable, given the tone of the complainant’s article.
The CRE highlighted that there was one clear inaccuracy by Media Watch, regarding the number of Australia Council grants received by the academic, but noted that the error had been corrected in the following edition of the program.
The complainant also claimed that Media Watch showed a clear bias and lack of balance, with “…a pronounced tendency to attack non-Left media figures rather than ones of the Left…”. The CRE concluded that it was problematic to separate journalists and media figures into ‘Left’ and ‘non-Left’ categories, and that the complainant’s assumptions were yet to be argued on the basis of the clarity and utility of the categories and any substantive published research.
The CRE noted that Media Watch had published the text of the correspondence between the program and the complainant on its website. The CRE concluded that in that sense, the complainant’s arguments had been published in his own words.
The complaint was not upheld.
7. ABC News Online – pro-Israeli bias
Background
The complaint alleged pro-Israeli bias in an ABC News Online item entitled 'Targeting terrorism' about the anniversary of the Munich massacre. The complainant felt that the item projected a view of Palestinian people as ‘terrorist’ and ‘violent’. The complainant also objected to links on the site to a number of organisations that he considered partisan.
Finding
The CRE noted that the ABC’s original response to the complainant had acknowledged that the links to external sites were inappropriate and that these links had been removed from the site.
The CRE concluded that the content of the item, written in the context of 30 years on from the Munich massacre, was balanced and critical in its analysis of events. The CRE added that while the bulk of the item recalled Israeli perspectives, the report did acknowledge concern about the Israeli strategy of ‘collective punishment’.
The complaint was not upheld.
8. Radio National, The Health Report – Asperger Syndrome
Background
The complainant objected to a comment by Dr Norman Swan on Radio National’s The Health Report that sufferers of “Aspergers are often quite aggressive people”. The complainant also alleged that the program ‘vilified people with Asperger Syndrome’.
As the CRE was not in a position to appraise the views of either Dr Swan or the complainant, in what appeared to be differing interpretations of published material, the Monash Institute of Health Services Research (MIHSR) was commissioned to undertake an independent assessment.
Finding
The MIHSR investigation concluded that Dr Swan’s comment that “Aspergers are often quite aggressive people” may have overstated the connection between Asperger Syndrome and aggressive behaviour, and that “there was a lack of high-quality evidence to either support or refute the association between Asperger Syndrome and aggressive behaviour”. MIHSR noted that Dr Swan’s original comment was not an emphatic observation, but rather was indicative of a tendency.
However, the CRE did not agree with the more general complaint that The Health Report vilified people diagnosed with Asperger Syndrome. The CRE pointed out that what was expressed in the program was a point of view that was genuinely held and not applied universally to all those diagnosed with the syndrome. The complaint about vilification was not upheld.
The complaint was partially upheld.
9. Lateline, The 7.30 Report – various issues
Background
The complainant alleged that a Clarke and Dawe segment on The 7.30 Report unfairly treated the Prime Minister and that political editor Heather Ewart unnecessarily editorialised during a report about Australia’s intelligence sources, in which she questioned the Prime Minister’s use of the phrase “in the mix” when referring to intelligence documents.
The complainant also alleged that Lateline occasional presenter Maxine McKew was overly aggressive during a political interview with Federal Employment Minister Mal Brough about lapses in the employment benefit scheme, and that Tony Jones displayed anti-government bias during a segment with Christopher Pyne MP and Tanya Plibersek MP, about proposed laws for investigating terrorism. The complainant objected to the presenter’s questioning of whether the Government was being ‘cute with the truth’.
The complainant also objected to the fact that the presenter allowed an Opposition member to make a pejorative comment about a Government member, without challenge.
Finding
The CRE noted that the Clarke and Dawe segment was clearly satirical in character and form and concluded that the ABC Code of Practice had not been breached.
In regard to Heather Ewart’s questioning approach during a segment on The 7.30 Report about the nature of intelligence sources on which the Prime Minister relied, the CRE concluded that the commentator’s remarks were ‘fair comment’ and that the editorial expectations of impartiality did not mean that a reporter should be unquestioning.
The CRE concluded that Lateline occasional presenter Maxine McKew’s investigative line of questioning during an interview with Federal Employment Minister Mal Brough was reasonable and did not demonstrate bias or a breach of the ABC Code of Practice.
In regard to Tony Jones’ segment with Christopher Pyne MP and Tanya Plibersek MP, the CRE emphasised that there had been public discussion about the lead-time between a request to interview a possible terrorist and the conduct of that interview by the Federal Police. It was in this context that the presenter of Lateline provocatively suggested by way of challenge and a question whether the Government was being ‘cute with the truth’. While the interview and discussion was lively and at times confronting, this did not amount to a breach of the ABC Code of Practice.
On the matter of one of the participants making a pejorative comment about another, the CRE emphasised that the ABC cannot be held responsible for the opinions and acerbic barbs of any guest participants.
The complaint was not upheld.