Investigation Report No. 3251

File No. ACMA2014/667

Broadcaster ABC TV

Station ABQ Type of Service National Broadcaster

Name of Program 7pm News

Date of Broadcast 29 June 2014

Relevant Code Standards 2.1, 2.2 and 4.1 of the ABC Code of Practice 2011 (revised 2013)

Date finalised 20 November 2014

Decision No breach of standard 2.1 (factual accuracy) No breach of standard 2.2 (materially misleading audience) No breach of standard 4.1 (impartiality)

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 Background  In August 2014, the Australian Communications and Media Authority (the ACMA) commenced an investigation into a segment of the program 7pm News broadcast on 29 June 2014 by ABQ (Qld) for ABC TV (the ABC).

 7pm News is a news television program broadcast by the ABC on weeknights between 7:00pm and 7:30pm.

 On 29 June 2014, the program included a news segment that reported on an Australian teenager (AE) who went overseas intent on joining armed forces of the Islamic State of Iraq and Syria (ISIS) after telling his mother he was going fishing.

 The program opened with a bulletin, during which the presenter stated: ‘An Australian teenager joins the Jihadists in Iraq, despite being on ASIO’s watchlist’.

 The segment that followed ran for two and a half minutes, and detailed AE’s sudden departure from his Sydney home to join ISIS, without the knowledge of his family. Excerpts of an interview with AE’s family lawyer were shown, as well as clips from ISIS promotional videos. The reporter stated that the family alleged Australian intelligence agencies had AE under surveillance. The family lawyer queried why AE was not stopped at the airport prior to his departure and said that the family wants the Government to do everything possible to bring him home. A statement on behalf of the Attorney General stated that neither the AFP (Australian Federal Police) nor any other Government agency was aware of AE’s plans to go to Syria.

 A transcript of the segment is at Attachment A.

 The complainant’s submissions are at Attachment B

 The ABC’s submissions are at Attachment C.

 The investigation has considered the ABC’s compliance with standards 2.1, 2.2 and 4.1 of the ABC Code of Practice 2011 (revised in 2013) (the Code):

2. Accuracy 2.1 Make reasonable efforts to ensure that material facts are accurate and presented in context. 2.2 Do not present factual content in a way that will materially mislead the audience. In some cases, this may require appropriate labels or other explanatory information.

4. Impartiality and diversity of perspectives 4.1 Gather and present news and information with due impartiality. Assessment  This investigation is based on submissions from the complainant and the ABC and a copy of the broadcast provided to the ACMA by the ABC. Other sources used have been identified where relevant.  In assessing content against the Codes, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary reasonable’ viewer.  Australian courts have considered an ‘ordinary, reasonable’ viewer to be: A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 2 tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.1

 The ACMA considers the natural, ordinary meaning of the language, context, tenor, tone, visual images and any inferences that may be drawn. In the case of factual material which is presented, the ACMA will also consider relevant omissions (if any).

 Once the ACMA has applied this test to ascertain the meaning of the material that was broadcast, it then assesses compliance with the Codes.

Issue 1: Factual accuracy Finding The ABC did not breach standards 2.1 or 2.2 of the Code. Reasons  Relevant principles set out in the Code in relation to factual accuracy include: Types of fact-based content include news and analysis of current events, documentaries, factual dramas and lifestyle programs. The ABC requires that reasonable efforts must be made to ensure accuracy in all fact-based content. The ABC gauges those efforts by reference to: • the type, subject and nature of the content; • the likely audience expectations of the content; • the likely impact of reliance by the audience on the accuracy of the content; and • the circumstances in which the content was made and presented. The ABC accuracy standard applies to assertions of fact, not to expressions of opinion. An opinion, being a value judgement or conclusion, cannot be found to be accurate or inaccurate in the way facts can. The accuracy standard requires that opinions be conveyed accurately, in the sense that quotes should be accurate and any editing should not distort the meaning of the opinion expressed. The efforts reasonably required to ensure accuracy will depend on the circumstances. Sources with relevant expertise may be relied on more heavily than those without. Eyewitness testimony usually carries more weight than second-hand accounts. The passage of time or the inaccessibility of locations or sources can affect the standard of verification reasonably required. The ABC should make reasonable efforts, appropriate in the context, to signal to audiences gradations in accuracy, for example by querying interviewees, qualifying bald assertions, supplementing the partly right and correcting the plainly wrong.  The complaint has submitted that the ABC ‘reported an untrue story’. The complainant also submitted that the ABC ‘have not checked the facts if the statements made by the family’s lawyer or the mother was true…’  The ACMA considers that the ABC presented the issue of the extent to which Australian intelligence agencies had been monitoring AE accurately and within context.  The relevant segment was introduced as follows:

[Intro bulletin] Reporter: An Australian teenager joins the Jihadists in Iraq, despite being on ASIO’s watch list’  The ACMA notes that there is no dispute that AE had travelled to the Middle East. Rather, the issue of contention is whether he was under surveillance and if so, why the authorities failed to stop him from leaving the country.

1 Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 at pp 164–167. ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 3  As submitted by the ABC, the ACMA notes that during the segment, the following featured:

Reporter (narrated) – But [AE’s] family allege that Australian intelligence agencies had the 17-year-old under surveillance.

Family lawyer – If they were watching this kid, they knew that he was planning to go overseas, why didn’t they stop him at the airport?

Reporter (narrated) – Late today, a spokesman for the Attorney-General told the ABC that ‘in this instance, neither the AFP [Australian Federal Police] or any other government agency was aware of the child’s plans to depart Australia for Syria’.

Text of the Attorney-General’s statement also appeared on the screen as it was being read out by the reporter.  The ACMA considers that the inclusion of this statement within the segment sufficiently clarified the issue of the extent to which Australian intelligence agencies were monitoring AE’s movements. It was also made clear that those agencies denied having any knowledge of AE’s plans to travel to the Middle East.  The ACMA also considers the inclusion of the statement above provided enough clarity on the issue to leave the audience in no doubt as to the Attorney- General and Government agencies’ version of events.  Accordingly, the ACMA considers that the ABC made reasonable efforts to ensure that material facts were presented accurately, and did not materially mislead the audience.  The ABC did not breach standards 2.1 or 2.2 of the Code.

Issue 2: Impartiality Finding The ABC did not breach standard 4.1 of the Code. Reasons

 Relevant principles set out in the Code in relation to impartiality and diversity of perspectives include: Judgements about whether impartiality was achieved in any given circumstances can vary among individuals according to their personal and subjective view of any given matter of contention. Acknowledging this fact of life does not change the ABC’s obligation to apply its impartiality standard as objectively as possible. In doing so, the ABC is guided by these hallmarks of impartiality:

 a balance that follows the weight of evidence;  fair treatment;  open-mindedness; and  opportunities over time for principal relevant perspectives on matters of contention to be expressed. [...] Impartiality does not require that every perspective receives equal time, nor that every facet of every argument is presented.

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 4 Assessing the impartiality due in given circumstances requires consideration in context of all relevant factors including:

 the type, subject and nature of the content;  the circumstances in which the content is made and presented;  the likely audience expectations of the content;  the degree to which the matter to which the content relates is contentious;  the range of principal relevant perspectives on the matter of contention; and  the timeframe within which it would be appropriate for the ABC to provide opportunities for the principal relevant perspectives to be expressed, having regard to the public importance of the matter of contention and the extent to which it is the subject of current debate.

 The ACMA is satisfied that the segment, as a whole, did not convey a pre-judgement about intelligence agencies’ knowledge or otherwise of AE’s plans to leave Australia.

 The ACMA considers that, having regard to the type, subject and nature of the content, the segment treated the issue fairly and with open-mindedness. The segment was delivered in an even and neutral tone, and did not contain inflammatory or provocative language.

 As outlined above, the factual content was presented accurately and within context. The segment also included relevant perspectives, including those of the family through their lawyer and representatives of the Australian agencies through the Attorney-General.

 Having regard to the hallmarks of impartiality set out in the ABC’s guiding principles: o In this instance, the ABC displayed a balance that followed the available evidence, showing both the family’s claims that if the authorities had been monitoring AE they should have prevented him from leaving Australia, as well as the Attorney General’s statement on behalf of Government agencies that they were not aware he was planning to leave Australia. o The ACMA is satisfied that the ABC treated the participants fairly, given that relevant parties were given a clear, uninterrupted opportunity to present their version of events. o The ABC displayed open-mindedness in that it enabled relevant parties to present their views and perspectives, and did not make any value judgements on the issue. o In this way, opportunities were given for principal relevant perspectives on the matter to be expressed.

 Accordingly, the ACMA considers that the segment met the hallmarks of impartiality for the purposes of the Code.

 The ABC did not breach standard 4.1 of the Code.

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 5 Attachment A Transcript of the segment News Bulletin

Presenter – An Australian teenager joins the jihadists in Iraq, despite being on ASIO’s watchlist. Family lawyer – If they were watching this kid, they knew he was planning to go overseas, why didn’t they stop him at the airport? The segment

Presenter – It’s a family’s nightmare – discovering that a teenage son has headed overseas intent on joining jihadists in Iraq. [AE] left his home in Sydney’s southwest with a friend earlier this month, telling his mother he was going fishing. His family is now calling on Australian authorities to do everything possible to bring him home. [Reporter’s name] reports. Reporter (narrated) – He’s a boy from Bankstown, and until a week and a half ago, [AE] was living with his Australian mother, brother and sister. Family Lawyer – She had no idea. It’s a total shock, it totally floored her. He’s, umm, just a very young, typical Aussie teenager; likes fishing, likes outdoor sports, he was planning on going to university─ Speaker on jihadist promotional video – Answer the call of Allah and his messenger, when he calls you, to what gives you life. Reporter (narrated) – The family solicitor says [AE] may have been swayed by internet recruiting. Speaker on jihadist promotional video - Australians, but not just Australians, people from all over the world are flocking to the land of al-Sham─ Reporter (narrated) – He told his mother he was going fishing ─ and the next she heard from him, he was overseas. Family lawyer – He spoke to his mother from Turkey and said: ‘I’m here, I’m going across the border’. Reporter – To Iraq? Family lawyer – Yes. Well, that’s what the mother assumes. Social Services Minister, Kevin Andrews MP – Well, the general view the government has taken is that people should not go abroad to fight in foreign conflicts, wherever they are around the world. Reporter (narrated) – But [AE]’s family allege that Australian intelligence agencies had the 17-year-old under surveillance. Family lawyer – If they were watching this kid, they knew that he was planning to go overseas, why didn’t they stop him at the airport? Reporter (narrated) – Late today, a spokesman for the Attorney-General told the ABC that ‘in this instance, neither the AFP [Australian Federal Police] or any other government agency was aware of the child’s plans to depart Australia for Syria’. The government has cancelled 40 passports of those suspected of going to conflict zones in the past 10 months. But the 17- year-old traveled freely.

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 6 Family lawyer – They’re begging the government to please do everything possible to bring their son back. Reporter (narrated) – The government estimates that up to 150 Australians are fighting in Syria and Iraq. [Reporter’s name], ABC News.

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 7 Attachment B Complainant’s submissions The complainant submitted the following to the ABC: You have a habit of making statements BIG NEWS which is made by a person which is usually trying to discredit institutions such as governments, police and defence WITHOUT investigating [whether there] is any justification or truth behind these statements of these individuals.

The latest example is your ‘story’ about a young man who [was] not stopped by the police to join the fighting forces of ISIS.

I have seen the news last night, seen your running headlines last night, seen the news this morning... and NEVER EVER have you said that you have checked with the police and they have said it is not true... only now that I interrogate your website I get the response of the police which refute it.

So you have reported an untrue story. You have not checked the facts if the statements made by the family’s lawyer or the mother was true... but you have send it into the world... and in the process discredited the police.

[…] The complainant also submitted to the ACMA that ‘I have a complaint about the ABC TV covering a story in a biased manner’.

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 8 Attachment C ABC’s submissions

The ABC responded to the complainant as follows:

I have reviewed the 7pm News Bulletin of 29 June broadcast on ABC1 and ABC News24. The story about [AE], who was believed to have left Australia to fight in the Middle East, included comments from his family's lawyer, Social Services Minister Kevin Andrews and - importantly - the Attorney General's office. The story stated that late that day (29 June) a spokesperson for the Attorney General had told the ABC that: ‘In this instance neither the AFP or any other Government Agency was aware of the child's plans to depart Australia for Syria’. This statement appeared as on screen text in the story and was provided in voice over by the reporter. It is my understanding that the AFP referred inquiries about the case to the Attorney- General's Department. The story featured the principle relevant viewpoints, in context, and was in keeping with ABC editorial standards.

There was no coverage of this story on the morning of 30 June in ABC News Breakfast. Nonetheless, please be assured that your comments are noted by the Corporation.

ACMA Investigation Report 3251—7pm News—ABQ (Qld) – 29 June 2014 9