PUBLIC REPORT ON AUDIENCE COMMENTS AND COMPLAINTS

OCTOBER - DECEMBER 2006

1. ABC Complaint Handling Procedures ...... 3 2. Overview ...... 4 3. Summary of complaints upheld by Audience & Consumer Affairs...... 6 (i) Matters of fairness, accuracy and independence ...... 6 Factual inaccuracy ...... 6 Bias and Balance...... 19 Unfair Treatment...... 21 (ii) Matters of taste and standards ...... 22 Inappropriate content ...... 22 (iii) Standards of Presentation...... 24 (iv) Intrusiveness / Invasion of Privacy...... 25 (v) News values / News content...... 25 (vi) Corporate / Infrastructure...... 25 Complaints handling...... 25 4. Summary of investigations completed by the Complaints Review Executive . 27

2 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. Should errors occur, however, the ABC accepts responsibility and will respond promptly and appropriately.

The ABC seeks to respond to complaints as quickly as possible. We aim to finalise all replies within 28 days of receipt of the 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 complainant will be advised of the review mechanisms available, including the ABC’s Complaints Review Executive (CRE).

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 both 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 Communications & Media 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.

3 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 2006.

Specifically, the report outlines: ƒ the overall composition of contacts finalised; ƒ the timeliness of responses; ƒ the subject matter of complaints received; and ƒ the number of complaints upheld.

The report also provides summary details of all complaints upheld by ABC Audience & Consumer Affairs and all reviews finalised by the Complaints Review Executive during this period.

Overall there were 13,946 written contacts finalised during this period. Of these, complaints made up 60% of contacts with 8,376 complaints. Of these complaints, 136 (comprising 143 issues) were upheld either fully or partially. This figure represents 1.6% of all complaints finalised during this period.

Overall composition of audience contacts

Table 1: Written contacts finalised.

% of Type of Contact Email Letter Other Total Total Complaint 7844 512 20 8376 60% Appreciation / Request / Suggestion 4721 269 6 4996 36% Other 520 54 - 574 4% Grand Total 13085 835 26 13946 100%

Timeliness of response

Table 2: Timeliness of responses provided.

Type of contact Average response time % of responses provided within 28 days Complaints 23 days 56% All contacts 16 days 70%

4 Subject matter of complaints finalised

Table 3: Topics of complaint issues finalised. Note that this table counts the number of issues raised by the contacts received. As one contact can raise multiple issues the figures in this table will not match exactly those quoted above for contacts. It also includes complaints reviewed by the CRE.

Category Topic Sub Topic Upheld Total % Audience preferences Scheduling / program changes Discontinuation of program 3400 40.4% Other 129 1.5% Interruption to regular schedule 59 0.7% Change of format 54 0.6% Change of timeslot 29 0.3% Too many repeats 4 0.0% Sub-total 0 3675 43.7% Quality - general N/A 158 1.9% Sub-total 0 3833 45.6% Fairness, accuracy & Bias Pro-government 1 1545 18.4% independence Other political 247 2.9% Other 2 237 2.8% Anti-government 3 39 0.5% Pro ALP 29 0.3% Pro Coalition 15 0.2% Anti-opposition 6 0.1% Sub-total 6 2118 25.2% Factual inaccuracy N/A 83 319 3.8% Balance N/A 5 135 1.6% Unfair treatment Denigration 29 0.3% Other 22 0.3% Racism 2160.2% Discrimination 1 10 0.1% Sexism 1100.1% Sub-total 4 87 1.0% Incidental advertising - Non ABC products / logos N/A 19 0.2% Sub-total 98 2678 31.9% Broadcast standards Standards of presentation Language - pronunciation / grammar / spelling 143 1.7% Other 140 1.7% Personal presentation 101 1.2% Language - poor terminology / misuse of word 1 57 0.7% Program presentation / set design / camera work 48 0.6% Sound quality / voiceovers / background music 42 0.5% Sub-total 1 531 6.3% News values / news content Not enough coverage 1 158 1.9% Other 112 1.3% Too much coverage 74 0.9% Placement in bulletin 12 0.1% Sub-total 1 356 4.2% Inappropriate content Bad example 1 90 1.1% Other 3560.7% Poor taste 18 49 0.6% Bad language / profanity / swearing 4 47 0.6% Sex and sexuality 2 32 0.4% Violence 3 30 0.4% Offence to religious feeling 23 0.3% Nudity 4 0.0% Drugs / smoking / alcohol 3 0.0% Sub-total 31 334 4.0% Standards of interviewing Too tough / aggressive / rude to guest 1 74 0.9% Other 22 0.3% Poor context / research / background 20 0.2% Too easy on guest 15 0.2% Sub-total 1 131 1.6% Promotions - ABC programs and products Too many promotions 16 0.2% Not as advertised / misleading / inconsistent 8 0.1% Other 6 0.1% Too intrusive 2 0.0% Too few promotions 2 0.0% Too revealing 2 0.0% Sub-total 0 36 0.4% Sensitivity and portrayal N/A 14 0.2% Intrusiveness / invasion of privacy N/A 1 4 0.0% Sub-total 35 1406 16.7% Corporate / Infrastructure Management issues N/A 121 1.4% Internet - technical difficulties N/A 120 1.4% Transmission N/A 102 1.2% Customer service / complaints handling N/A 10 93 1.1% Captions N/A 19 0.2% Sub-total 10 455 5.4% Other Other N/A 35 0.4% Grand Total 143 8407 100.0%

5 3. Summary of complaints upheld by Audience & Consumer Affairs

In each case where a complaint is upheld the ABC provides a written response to the complainant acknowledging its error. Where appropriate, additional action is taken to rectify the mistake and/or ensure that the problem does not recur. Findings in response to upheld complaints can include the following: written apologies to complainants; on-air corrections and apologies; counselling or reprimanding of staff; amending programs for future broadcasts; and reviews of and improvements to procedures. On occasion, a complaint may be upheld for more than one reason.

(i) Matters of fairness, accuracy and independence

Factual inaccuracy

There were 83 complaints upheld on the grounds of factual inaccuracy.

Upheld complaints of factual inaccuracy regarding television programs

Foreign Correspondent 11 July 2006 The complaint Eleven complaints were upheld regarding an inaccurate reference in a report titled “Estonia – Sex Tours”. Findings The complainants had originally been advised by the ABC that the program was accurate. However, after a further review was conducted, the ABC agreed that the reporter’s statement that one third of Estonia's citizens live in poverty lacked the necessary precision. This statement was based on interviews conducted for the program but should have been more clearly presented as the understanding of those the reporter spoke to, rather than being presented as unqualified fact. The ABC wrote to each of the viewers who had originally complained about the segment apologising for the lack of precision in the report as well as the error in the ABC’s earlier response. An editor’s note was also added to the program’s website.

7.00pm Television News 31 August 2006 The complaint A viewer complained that during a report regarding parliamentary debate on therapeutic cloning, the reporter inaccurately referred to therapeutic cloning as stem cell research. Findings The ABC acknowledged the error.

Landline 10 September 2006 The complaint A viewer pointed out that a report wrongly stated that Captain Cook discovered Australia in 1788, which would have been quite a feat considering he was killed in 1779.

6 Findings The ABC acknowledged the error and amended the program's transcript to reflect the correct date of 1770.

The Einstein Factor 24 September 2006 The complaint Two viewers complained that a question about Roy Rogers’ horse, Trigger, inaccurately referred to palomino as a breed when it is in fact a colour. Findings The ABC accepted the viewers’ points.

7.00pm Television News 27 September 2006 The complaint A viewer complained that a report about new members of the RSPCA board used file footage of his family’s Siamese cat, which was filmed by Stateline (SA) in 2004 for a segment about changes to council rules on cat ownership. The footage depicted the cat crawling through a cat walkway leading to the complainant’s cat park. The footage was originally used by Stateline (SA) to demonstrate responsible cat ownership, but was used in the RSPCA board member report on 27 September to depict animal cruelty (owing to the cramped size of the walkway). The viewer complained that the use of this footage, juxtaposed with images suggestive of cruelty to animals, was deeply offensive and upsetting particularly since the cat had died the previous year. Findings The ABC apologised for using the footage to depict animal cruelty. The ABC agreed that its use was inappropriate in the context of the story and undertook not to use footage of this cat again.

Two Men in a Tinnie 3 October 2006 The complaint A viewer complained of inaccuracies in this episode, including that Palinyewah Primary School was wrongly referred to as Pooncarie Primary School. Findings The ABC accepted that the viewer was correct on this point. The other aspects of the complaint were not upheld.

Four Corners 4 October 2006 The complaint A viewer pointed out that an on-screen caption stated that Keith Hamilton was the ALP Member for Morwell in Victoria from 1998 to 2000, when in fact he was the sitting member until 2002. Findings The ABC acknowledged the error and amended the transcript on the program’s website.

7 7.00pm Television News 5 October 2006 The complaint A viewer pointed out that the finance report gave an incorrect figure for the Dow Jones. Findings The ABC agreed that the figure cited was incorrect. This was due to an error in the graphics that night that was not picked up.

Midday Report 9 October 2006 The complaint A viewer advised that a report on the Japanese F1 GP had Albers driving a Toyota, when in fact he was driving a Spyker MF1. Findings The ABC acknowledged the error.

7.00pm Television News 11 October 2006 The complaint A viewer pointed out that a graph depicting the Telstra share price purported to list prices for December, when the report itself was broadcast in October. Findings The ABC agreed that the months were listed incorrectly on the base line of the chart.

7pm Television News 14 October 2006 The complaint A viewer complained that the outcome of a netball match between Australia and New Zealand was announced on the 7pm Television News when the match had not yet finished. Findings The ABC agreed that this was a mistake and apologised to the complainant.

7.00pm Television News 21 October 2006 The complaint Five viewers complained that a photograph of a whale shark, which is not in fact a whale, was used in the introduction to a report about research into whale songs. Findings The ABC acknowledged the error. The stock image was more obviously labelled to avoid any recurrence of this error in future.

Enough Rope 23 October 2006 The complaint A viewer questioned the accuracy of a statistic quoted by the presenter during an interview with a rape victim, where he stated that around 18,000 rapes were reported in Australia last year.

8 Findings The ABC acknowledged that the figure was inaccurate and that it in fact referred to the number of sexual assaults reported. The reference transcribed on the program’s website was corrected.

Behind the News 24 October 2006 The complaint A viewer pointed out that a segment on Mars had included inaccurate statements about the planet’s distance from Earth. Findings The ABC acknowledged the error and corrected the information on the program’s website.

7pm Television News 27 October 2006 The complaint A viewer complained that a report on abortion counselling and Medicare rebates used inappropriate background video of women in advanced pregnancy and ultrasound scans of second- or third-trimester foetuses. Findings The ABC acknowledged that the vision used was inappropriate and inaccurate in the context of the report.

7.00pm Television News 26 October 2006 The complaint A viewer complained that during the finance report the presenter stated that the Dow Jones was an index of the 30 biggest companies in the US. The viewer explained that the Dow Jones is an index of 30 companies, but they are not the biggest companies and they are not all in the US. Findings The ABC acknowledged the error.

Collectors 27 October 2006 The complaint A viewer complained that the program referred to red as being the colour of mourning in South Africa. Findings The ABC acknowledged that the reference was incorrect. The program’s initial research had indicated that in parts of South Africa the colour red is related to mourning. The program conducted further detailed research into this matter subsequent to receiving the complaint, and this indicated that the initial research was incorrect. The program will be corrected for any future broadcasts.

9 Behind the News 31 October 2006 The complaint A viewer complained that the program inaccurately reported that Australian drivers can get their L plates at 16 years and their P plates at 16 and a half years, but this is not the case in Western Australia. Findings The program had not intended to provide a detailed assessment of the differences in different states, but the ABC agreed that Western Australians have to be 17 years old in order to gain a provisional licence. An inaccurate graphic in the program was changed.

Midday Report 3 November 2006 The complaint A viewer pointed out that footage of RAN ships heading for Fiji included what was obviously archival footage of a DDG class destroyer, not HMAS Newcastle. Findings The ABC acknowledged the error, which was corrected for bulletins broadcast later that day.

7.00pm Television News 6 November 2006 The complaint A viewer advised that incorrect times had been given for sunrise and sunset in Victoria. Findings The ABC acknowledged that the information was inaccurate.

7pm Television News 9 & 10 November The complaint A viewer advised that the temperatures shown on the weather map did not follow standard international and scientific procedure to “round up” when the decimal component reaches .5. Findings The ABC agreed that a mistake had been made in the presentation of the temperatures.

The Einstein Factor 14 November 2006 The complaint A repeat screening of this program repeated an error in a question about the digestive system, which had resulted in multiple upheld complaints when initially broadcast. On this occasion two complaints were upheld. Findings A correction was broadcast the following week.

Our History 14 November 2006 The complaint A viewer pointed out that a statement that one rabbit eats the same amount of feed as nine sheep was incorrect.

10 Findings The ABC agreed and apologised to the viewer.

Australia Network News 18 November 2006 The complaint A viewer complained that two news reports on the APEC conference wrongly identified the Prime Minister of Japan as the Prime Minister of South Korea, and wrongly identified a spokesperson for Vietnam as the Prime Minister of South Korea. Findings The ABC agreed that the titles shown were inaccurate and explained that the mistakes arose due to incorrect timing of the on screen titles.

7pm Television News 28 November 2006 The complaint A viewer alerted the ABC to an inaccuracy in a reference to (then) alleged terrorist John Amundsen in which it was reported that he had dismissed his legal team. In fact, the legal team had never been instructed to act in his case. Findings The ABC agreed that the reference was inaccurate.

7pm Television News 30 November 2006 The complaint A viewer complained that a report of the size of a crowd at the MCG was incorrect. Findings The ABC agreed that the estimate given in this report was inappropriate, and it should not have been reported as fact.

7pm Television News 2 December 2006 The complaint A viewer objected to the statement that “Lebanese” were receiving surf life saving training at Cronulla, suggesting that the young people were actually Australians of Lebanese descent. Findings The ABC agreed with the viewer.

7pm Television News 3 December 2006 The complaint A viewer pointed out that the ABC had incorrectly reported that Michael Long had walked from Melbourne to Canberra in 2004, when in fact the walk had been abandoned in Albury after the Prime Minister had agreed to a meeting. Findings The ABC agreed that the reporter should have referred to the fact that Mr Long did not complete the walk.

11 The 7.30 Report 6 December 2006 The complaint A viewer complained that the presenter had stated that Cornelia Rau was an Australian citizen when she was detained, when she was in fact a permanent resident. Findings The ABC agreed and amended the online transcript of the report.

The 7.30 Report 6 December 2006 The complaint A viewer complained that a report about Schapelle Corby incorrectly cited the date of her arrest and referred to “Indian” rather than “Indonesian” police. The viewer also objected to the report’s statements that it was the “Corby camp” who had rejected an offer by the Australian Federal Police to DNA test the marijuana found inside Schapelle Corby's boogie board bag. Findings The ABC agreed that the first two issues cited by the complainant had been incorrectly reported in the program. However, the ABC did not agree with the third issue, noting that three separate and highly credible sources had confirmed to the ABC that the testing was refused by Schapelle Corby's legal team on her behalf.

How The Hell Did We Get Here? 9 December 2006 The complaint Five viewers complained that the presenter of this program inaccurately cited the age of conscription during the Vietnam War as 18 years when it was in fact 20 years. Findings The ABC acknowledged the error and advised that the program had been edited to ensure that this inaccuracy is not repeated in any future airings.

Upheld complaints of factual inaccuracy regarding radio programs

612 ABC Brisbane – Drive 8 September 2006 The complaint A listener complained that an incorrect answer was given to a quiz question regarding the number of times Peter Brock won races at Bathurst. The answer was given and accepted as nine when in fact it should have been ten. Findings The ABC apologised for the error.

774 ABC Melbourne – Drive 18 September 2006 The complaint A listener complained that a sports presenter incorrectly stated that AFL player Josh Carr had “hit Jonathan Brown in the Grand Final a couple of years ago.” This was incorrect as it was in

12 fact Brown who hit Carr in the 2004 AFL Grand Final and was suspended for five matches as a result. Findings The ABC agreed that the presenter was incorrect.

Triple J – Hack 22 September 2006 The complaint A representative of a business featured in a Hack program about young people in debt complained that his company was not sufficiently promoted in the program. The only company information which was actually provided on-air was the company name, which was in fact misstated by the presenter. Findings The ABC explained that the Corporation is bound by law to refrain from providing publicity for commercial enterprises. However, the ABC apologised for the unfortunate error regarding the company name.

The World Today 2 October 2006 The complaint The ABC received a complaint that a report incorrectly stated that an Iranian computer game designer had recently created the game “Counter Strike”, when in fact the game had been around for many years. Findings The report had not meant to indicate that the Iranian had created “Counter Strike”, but the ABC accepted that it should have been made clear in the report that the designer had made a new version based on a well-established game. An editor's note was added to the transcript to this effect.

The World Today 6 October 2006 The complaint The ABC received a complaint that a report about British Foreign Minister Jack Straw’s call for Islamic women to remove their veils when meeting with their MPs incorrectly referred to the hajib as a veil, when it is in fact a head scarf. Findings The ABC agreed that the references to the hijab were inaccurate and corrected the online transcript.

ABC NewsRadio – sports 4 November 2006 The complaint A listener complained that in a discussion about cricket, a presenter gave the impression that a decision to remove Darrell Hair as umpire had been confirmed, and that this was the result of a conspiracy hatched by the “black” cricket nations. Findings The ABC acknowledged that at the time of the broadcast, the ICC had refused to confirm that Hair had been sacked. The ABC also agreed that the use of the expression “black cricket nations” was inappropriate and accordingly the complaint was upheld on two grounds.

13

NSW Radio - News 7 November 2006 The complaint A listener pointed out that a report inaccurately stated that Delta Blues was the third overseas horse to win the Melbourne Cup, when New Zealand horses have won a total of 41 Melbourne Cups. Findings The ABC agreed that the report was wrongly worded.

PM 7 November 2006 The complaint A listener pointed out that a story about water stated that Cubbie Station holds 500 megalitres of water, when the listener believed that the storage capacity at Cubbie was around 400,000 megalitres. Findings The ABC agreed that the reference was wrong, explaining that the reporter confused the actual capacity of Cubbie with the amount of water it was holding during the drought. The online transcript of the report was amended.

702 ABC Sydney - News 13 November 2006 The complaint A listener was alarmed that a report referred to scuba divers using oxygen, pointing out that oxygen becomes toxic at depths beyond around 10 metres. Divers use compressed air, not oxygen. Findings The ABC agreed that the references to oxygen were inaccurate.

AM 5 December 2006 The complaint A listener complained that a reporter incorrectly stated that the United Kingdom had four nuclear powered submarines. Findings The ABC acknowledged that the listener was correct to point out that the Royal Navy has a number of classes of submarines which are nuclear powered. There are four Vanguard submarines which comprise the so-called Ballistic Fleet, but the reporter failed to take into account the other classes when preparing the report. The online transcript of the report was amended and the audio removed.

14 Upheld complaints of factual inaccuracy relating to ABC Online

ABC News Online 28 August 2006 The complaint An online user complained that a report entitled ‘Howard rejects warning on greenhouse emissions’ was inaccurate and misleading. In particular, the complainant argued that it was inaccurate to state, in relation to a recent report commissioned by the Business Roundtable on Climate Change, “The report, by the CSIRO, warns that if Australia does not cut emissions by more than half, the Great Barrier Reef will be lost and the Kakadu wetlands will dry up.” In fact the report referred to global emissions rather than those made by Australia. The complainant also took issue with the suggestion that the CSIRO had made a “call” to cut greenhouse emissions by 60 per cent. Findings The ABC acknowledged that the reference to Australia needing to cut emissions by more than half was inaccurate. The report was amended and an editor’s note added to explain the change. However, the ABC did not accept the complainant’s assertion that the report had stated that the CSIRO had made a “call” to cut greenhouse emissions by 60 per cent. This call was not made by the CSIRO and the report did not suggest that it was.

ABC News Online 12 September 2006 The complaint An online user complained that the headline of a report - ‘Councillor’s bid to close controversial topless bar fails’ - misrepresented the motion that had been put to the Hobart City Council as the motion was not intended to lead to the closure of existing entertainment venues. Findings The ABC apologised for the inaccurate headline and it was amended. An editor’s note was added to explain the amendment and further elaborate the Councillor’s intentions in bringing the motion.

ABC News Online 12 September 2006 The complaint An online user complained that a news report entitled ‘Pilot used alcohol, drugs on day of crash: Coroner’ contained factual inaccuracies, presented a misleading impression of the pilot and sought to portray him in the worst possible light. Findings The ABC acknowledged that the report contained a number of factual errors and amended it accordingly, including changing the headline to read ‘Alcohol, drugs affected pilot on day of crash: coroner’. The ABC did not agree that the report attempted to paint the pilot in the worst possible light and explained that the aim of the report was to convey the main findings of the Queensland Coroner in this case. An editor’s note was added to the amended report to explain the inaccuracies.

15 ABC News Online 13 September 2006 The complaint An online user pointed out that two items that reported that the Federal Government was expected to scrap a $200 million contract to provide radar warning systems for FA-18 Hornets incorrectly referred to these as “radar systems”. Findings The ABC acknowledged the errors and corrected the reports.

ABC News Online 21 September 2006 The complaint Four online users complained that a report published on News Online entitled ‘Pope urges re- reading of controversial comments’ contained a factual inaccuracy. The article stated, in relation to the Pope, “But he says he had meant to cause offence.” In fact, the Pope had said that he had meant to cause no offence. Findings The ABC agreed that the report was wrong and amended the text. The report had been sourced from an external news agency but the ABC acknowledged that the News Online producers should have corrected the error prior to publication.

ABC News Online 10 October 2006 The complaint An online user pointed out that a report inaccurately stated that Santos had rejected a takeover bid, when in fact it was Queensland Gas rejecting Santos’ takeover bid. Findings The ABC agreed that the report was incorrect and amended it.

ABC Rural Homepage – Country Breakfast 14 October 2006 The complaint An online user questioned a report which stated that a proposed ethanol plant in north Queensland was to cost $20 billion. Findings The ABC agreed that the report was wrong: the estimated cost was $20 million. The report was corrected.

ABC News Online 17 October 2006 The complaint An online user pointed out that a report concerning Venezuela's bid to gain Latin America's rotating seat on the Security Council had incorrectly listed Germany as one of the five permanent members of the Security Council. Findings The ABC agreed that the report contained an inaccuracy and corrected it.

16 ABC News Online 19 October 2006 The complaint A news online user complained that a report entitled ‘Early Iraq withdrawal 'a boost to terrorism in Asia’’ referred to Richard Woolcott as “an adviser to the former Labor government”. The complainant pointed out that Mr Woolcott was an adviser to both Liberal and Labor governments and alleged that the omission of Mr Woolcott’s service to the Liberal government reflected bias. Findings The ABC acknowledged the oversight but did not agree with the complainant’s allegation of bias. The report was amended and an editor’s note was added to explain the change.

ABC News Online 30 October 2006 The complaint An online user complained that an item which reported a parents group’s support for a proposal to fund chaplains in Australian schools failed to point out that the group in question represented parents of children in non-government schools. The audience members felt this was not only dishonest, but consistent with the ABC's pro-Christian bias. Findings The ABC agreed that the story could have provided more contextual information and this was subsequently included. The ABC did not uphold the complaint of pro-Christian bias.

ABC Online Queensland Election website 3 November 2006 The complaint An online user complained that the summary page on the ABC Online Queensland Election website inaccurately stated that Mick Morland (Liberal candidate for Narre Warren North) was contesting the seat for the second time. Findings The ABC agreed that the audience member was correct. Mr Morland had contested the area in 2002, but as the candidate for the upper house province of Eumemmerring, not for the lower house seat of Narre Warren North. The website was corrected.

ABC News Online 8 November 2006 The complaint An online user complained that a report about the future of Tote Tasmania’s Chief Executive stated as fact that costs for the Elwick Racecourse redevelopment had blown out by $7 million. Findings The ABC acknowledged that the question of the Elwick redevelopment running over budget is highly politicised and disputed by various parties and agreed that the figure of $7 million should not have been presented as unequivocal fact. The story was amended and an editor’s note added to explain the change.

17 ABC News Online 13 November 2006 The complaint An online user complained that the ABC had inaccurately reported that the Sydney Theatre Company had accrued debts of $120,000 in the last two years. Findings The ABC agreed that the information was wrong and removed it from the story.

AM 14 November 2006 The complaint An online user complained that the headline and introduction of a report was misleading and deceptive in claiming that research had “overcome” a problem with stem cell research. While the research on transplanting stem cells had progressed, the danger of cancer had not been overcome. Findings The headline and introduction of the report were amended to clarify the extent of the breakthrough. An editor’s note was added to the transcript explaining that alterations had been made in the interests of greater accuracy.

ABC News Online 20 November 2006 The complaint An online user pointed out that a report on the aftermath of riots in Tonga incorrectly referred to the President of Tonga – a position which does not exist since Tonga is an absolute monarchy. Findings The ABC acknowledged the error and corrected the report.

ABC News Online 21 November 2006 The complaint An online user pointed out that a report on the creation of an international consortium which aims to build a multi-billion-dollar experimental facility in southern France, incorrectly referred to it as a “fission power reactor” rather than a “fusion power reactor”. Findings The ABC acknowledged the error and corrected the report.

Our Animals website 27 November 2006 The complaint A visitor to this site complained that the page on spiders contained three inaccuracies: 1. spiders do not stick to their own webs 2. spiders cannot chew 3. spider silk does not dissolve in water. Findings After further investigation, the ABC agreed that it was incorrect to state that spiders can’t chew. The website was corrected to indicate that spiders can only eat liquids. The ABC was

18 satisfied that the other references were accurate and these aspects of the complaint were not upheld.

Our Animals website 13 December 2006 The complaint A visitor to this site pointed out that the labels for the Weedy Seadragon and Leafy Seadragon were pointing to the wrong images. Findings The ABC acknowledged the error and corrected the website.

ABC News Online 18 December 2006 The complaint An online user pointed out that a story entitled "$255 million boost to help combat osteoporosis" incorrectly stated that the drug 'Alendronate' would be included on the PBS for this medical condition, when in fact it is already on the PBS. Findings The ABC accepted that its report was wrongly worded and did not indicate that Alendronate was already available to some people on the PBS. The report was corrected.

Bias and Balance

Eight complaints (comprising 11 issues) were upheld associated with issues of bias and balance.

97.3 ABC Illawarra - Mornings 4 August 2006 The complaint The ABC received a complaint that an interview with Gary Hardgrave, the Federal Minister for Vocational and Technical Education, regarding a new technical college for the Illawarra breached ABC requirements of fairness and balance. The complainant also asserted that the presenter was unprofessional during the interview, cut the Minister off and, at the end of the interview, misrepresented what the Minister had said. Findings The ABC agreed that the presenter’s behaviour towards the Minister lacked respect, and that the presenter was partial in his approach to the interview. The complaint was upheld on two grounds.

97.3 ABC Illawarra - Mornings 4 August 2006 The complaint The ABC received a complaint about the coverage of union industrial action over the Perth/Mandurah rail strike case. In particular, the complaint alleged that the presenter’s interview with a Labor Council spokesperson was a crudely disguised “infomercial” for the union action, with the presenter advertising the time and place of the union protest at the start and finish of the interview. The complainant also asserted that the coverage was not balanced, as alternative viewpoints other than the union perspective were not provided.

19 The complaint also argued that the rally in question should not have constituted the lead story in the 12:30pm news bulletin on the station on that day and suggested that this reflected the political agenda of the station. Finally, the complainant asserted that the news story had inaccurately stated that the industrial action had been brought under the “new IR laws”; when according to the complainant, the strike action relied on pre-Work Choices legislation. Findings The ABC agreed that the information with which the presenter had prefaced the interview with the Labor Council spokesperson amounted to promotion of the political rally regarding the Perth/Mandurah rail project. The ABC also acknowledged that the program breached the requirement for balance by not seeking alternative viewpoints on the claims made during the interview. In relation to the news coverage, the ABC defended the decision to run the story as the lead story in the 12:30pm news bulletin, advising the complainant that it was a local bulletin and the rally was a major local story. However, the ABC agreed that the story should have been balanced with alternative viewpoints, and acknowledged that this lack of balance represented a breach of the Editorial Policies. In view of these findings, ABC Radio conducted a broader review of the program’s coverage of industrial relations issues and found that there had been various stories covered from a union angle which had not achieved the required balance. With regard to the claims of factual inaccuracy, the ABC explained that its news reports about the industrial action made no specific mention of Work Choices, in fact referring to “the Federal Government’s new workplace relations laws”. The ABC explained why it believed this reference was accurate. This complaint was upheld on four counts.

Lateline 9 October 2006 The complaint Two viewers complained that twice during this program, the presenter stated as a matter of fact that Iran is engaged in developing nuclear weapons. Both questioned the evidentiary basis for these statements. Findings The ABC agreed that the language used in the report overstated the certainty of this issue. While representatives of the US Government have stated as fact that Iran has a nuclear weapons program, the commentary from most independent sources puts the matter less categorically. In the absence, for instance, of a clear-cut assessment from the IAEA, an appropriate qualifier should have been included. An editor's note was added to each of the transcripts on the program's website.

AM & ABC News Online 23 October 2006 The complaint Two complaints were received about coverage of a report which argued that the gun buy- back scheme in Australia had been ineffective in reducing the rate of gun-related murder or suicide. The report was authored by representatives of two Australian shooting associations, who were labelled as “pro-gun lobbyists” in the coverage. Both of the items which were the subject of complaint featured comments from Professor Simon Chapman in order to provide balance. However, Professor Chapman’s status as an anti-gun campaigner was not made clear in either report.

20 Findings The ABC acknowledged that Professor Chapman’s prior involvement in anti-gun campaigns was relevant, and should have been made clear in the report. An editor’s note was attached to the AM transcript confirming Professor Chapman’s role as an anti-gun campaigner. The News Online story, which was based on the AM report, was amended to clearly identify Professor Chapman as an “anti-gun advocate”.

ABC Gippsland – Mornings 10 November 2006 The complaint A listener complained that at the conclusion of an interview with State Liberal Member for Bass, Ken Smith, after Mr Smith asked rhetorically, “what else is there [the Labor Party] have actually achieved in their seven years?”, the presenter stated “very little, roll on the polls.” The listener did not consider this to be an appropriate journalistic response. Findings The ABC acknowledged that the presenter’s comments were inappropriate and noted that he did not intend to give the impression that he agreed with Mr Smith. The presenter apologised for his lapse in judgement and his apologies were conveyed to the listener.

666 ABC Canberra - Mornings 21 November 2006 The complaint A listener complained that the ABC had allowed a stock market commentator who had stood as a Liberal candidate in the 2006 Victorian Election, to make on-air comments about the sale of Telstra without advising audiences of his status as a political candidate. Findings The ABC agreed that the commentator’s candidature in the Victorian election should have been disclosed and also that the commentary should have been limited strictly to market matters rather than being allowed to stray into the political realm.

Unfair Treatment

Four complaints were upheld that alleged unfair treatment1.

720 ABC Perth - Breakfast and Drive 22 September 2006 The complaint A listener complained that a presenter was “obsessed” with women’s breasts, referred to them during the program in offensive ways, and often made offensive “blonde” jokes. The listener also complained that another presenter compared his own behaviour to that of a “14 year old girl”. The listener felt that this perpetuated a stereotype and suggested that the presenter could easily have said “14 year old boy” instead.

1 One of these issues has already been discussed under the heading “Factual Inaccuracy”, above.

21 Findings The ABC agreed that the references to breasts and “blonde” jokes were inappropriate and breached the Editorial Policies. The ABC did not agree with the complainant that the second presenter’s comment was derogatory to teenage girls.

720 ABC Perth – promotion 21 November 2006 The complaint A listener complained about a promotion for a cricket competition which included the line “It’s so easy, even an unwashed pom could answer it”. The listener found the reference to “unwashed poms” highly offensive and an example of racial vilification. Findings The ABC reviewed the item and agreed that the phrase was unnecessary and could be considered to be pejorative. The promotion was re-edited for future broadcasts.

7pm Television News 3 December 2006 The complaint A viewer complained that a story about two teenagers who had been sniffing paint included irrelevant information about their ethnicity. Findings The ABC agreed that the ethnicity of the boys was not relevant to the story and should not have been mentioned.

(ii) Matters of taste and standards

Inappropriate content

There were 26 upheld complaints regarding inappropriate content such as violence, swearing, offence to religious feeling and poor taste.

Other Local Radio – Evenings 6 September 2006 The complaint A listener complained that a song performed by a comedy act was offensive and smutty. Findings The ABC explained that the producers had specifically instructed the talent not to play that particular song due to its offensive content, but the directive had been ignored. The presenter made a judgement call at the time to allow the performance of the song to continue, but not to proceed with a planned interview with the artists afterwards. The ABC apologised for the inappropriate content of the song.

Triple J – Breakfast 7 September 2006 The complaint A listener complained that an interview contained offensive language without being preceded by a language warning.

22 Findings The ABC agreed that the presenter should have issued a language warning.

Triple J – Breakfast 7 September 2006 The complaint The ABC received two complaints that the stand-in presenter said to a female guest on this program, “I'll punch you in the face, I don't care if you're a woman”, followed by “I'll throw a pot of hot water on you”. Findings The ABC agreed that the remarks were entirely inappropriate and acknowledged that they could have been taken to trivialise the issue of violence against women.

ABC Online - TV Homepage 8 September 2006 The complaint An online user complained that an image used to promote an upcoming episode of Doctor Who (Adventures In Time and Space) was scary. Findings The ABC acknowledged that the use of the image was in breach of ABC Editorial Policies, and apologised for the negative impact it had.

ABC Television - The Last Detective 30 September 2006 The complaint A viewer complained that the episode ‘Friends Reunited’ was not preceded by an adequate consumer advisory warning. The program was classified ‘M’ and the warning stated that the program contained ‘adult themes’, but the program also contained a sex scene which was not referred to in the warning. Findings The ABC reviewed the episode and agreed that the consumer advisory warning should have alerted viewers to the inclusion of the sex scene. The ABC apologised to the viewer and assured him that future broadcasts of the episode would be preceded by the appropriate warning.

ABC Television – 11am News Update 3 October 2006 The complaint A viewer complained that the news update included material about a school shooting which was inappropriate given the children’s audience likely to be watching at this time. Findings The ABC agreed that the bulletin included some fairly confronting coverage of a news event that could and should have been toned down for a news update scheduled at this time.

720 ABC Perth – The Weekend Woodies 21 October 2006 The complaint A listener complained about “smut” in this program.

23 Findings The ABC’s response noted that while humour is an important part of ensuring the program is entertaining, such humour should be suitable to a wide audience. This was not the case on the day in question.

ABC Television – Black Hole High promotion 13 November 2006 The complaint A viewer objected to a promotion for Black Hole High being presented during programming aimed at pre-school children, as the content was not suitable for that age group. Findings The ABC agreed and advised that the scheduling of the promotion in this timeslot had been an error.

Radio National – Short Story 26 November 2006 The complaint Three listeners complained about coarse language in a story. Findings The ABC acknowledged that a warning should have been broadcast prior to the program and apologised for the failure to alert listeners to the potentially offensive language.

612 ABC Brisbane – Afternoons 30 November 2006 The complaint Eighteen listeners complained that, during a discussion about cleaning toilet cisterns, the presenter asked his guest, “Couldn’t you get an orphan from a third world country to do that for you?” Findings The ABC agreed that the comments were in poor taste. The presenter had intended to make an amusing, off the cuff remark, and was mortified that his attempt at humour had gone so wrong.

ABC Wide Bay Queensland – News Bulletin 11 December 2006 The complaint A listener complained that in a report on the Chilean government’s decision to deny former dictator Augusto Pinochet a state funeral, the government was labelled ‘left-wing’. The listener believed this reference to be gratuitous and partisan, and quite probably incorrect. Findings While the ABC did not agree that the report was partisan, it acknowledged that the use of the term 'left-wing' was unnecessary in this instance.

(iii) Standards of Presentation

There was one upheld complaint regarding standards of presentation such as spelling and pronunciation, use of language, sound quality and personal presentation.

24 AM 2 October 2006 The complaint The ABC received a complaint that a reporter had commented that “Australians have a schizophrenic view of the United States." Findings The ABC acknowledged that the use of the word "schizophrenic" was inappropriate and apologised for any offence. The ABC's Standing Committee on Spoken English (SCOSE) has examined the use of the word 'schizophrenic' several times and has advised that ABC broadcasters should avoid using the term in its colloquial sense.

(iv) Intrusiveness / Invasion of Privacy

There was one upheld complaint regarding invasion of privacy.

7.00pm Television News 3 November 2006 The complaint A viewer complained that during a report about legal proceedings in relation to the kidnapping of a young boy, a picture of the victim was shown on screen. Findings The ABC agreed that the picture should not have been used. Protocols were in place to ensure that such vision was not used, and these were strengthened as a result of this mistake.

(v) News values / News content

There was one upheld complaint regarding news values.

ABC News Online 12 October 2006 The complaint An online user accused the ABC of bias, citing a report on unemployment levels which listed results for every State and Territory with the exception of Victoria. Findings The ABC agreed that the Victorian figures should have been included, but explained that their omission was a production error rather than evidence of bias. The report was amended to include the missing figures.

(vi) Corporate / Infrastructure

Complaints handling

During the three-month period there were ten complaints upheld on matters relating to complaints handling. Of these, two complaints were also upheld on other grounds, and have

25 been described in the previous sections. In total, seven complaints (including the two noted earlier) were upheld because aspects of the ABC’s complaint handling procedures were not correctly followed: in five cases, the program area responded directly to a complaint about an editorial issue instead of referring the matter to Audience & Consumer Affairs for investigation; in two cases, a response was not provided to the complainant within the 60 day statutory timeframe. The remaining three cases are described below.

Radio News 26 September 2006 The complaint A response to a complaint included an inaccurate reference to when a particular issue had been raised in Tasmanian Parliament. Findings The ABC agreed that this reference in the response to the complaint had been incorrect and apologised for the error.

Stateline (NSW) 29 September 2006 The complaint A viewer’s complaint about a program was forwarded to a lobby group without the viewer’s consent being sought. Findings The ABC found that this breached requirements for complaint handling.

ABC Classic FM – Breakfast 25 October 2005 The complaint A listener complained that after she had expressed her views about a particular programming issue during an email exchange with a presenter, she had received a distressing phone call from someone purporting to be a friend of the presenter who accused the listener of “harassing” the presenter on this subject. Findings In the course of the ABC’s investigations, it was discovered that the presenter of the program had read on air excerpts of his email exchange with the listener, although he had not disclosed her full name. The ABC acknowledged that this was a breach of Editorial Policy standards for dealing with audience complaints. Staff were questioned, but the ABC was unable to identify who had made the allegedly abusive telephone call to the listener.

26 4. Summary of investigations completed by the Complaints Review Executive

During the period 1 October to 31 December 2006, the Complaints Review Executive (CRE) made determinations in relation to six matters. No complaints were upheld. a) Inaccurate references in current affairs

A listener sought review of his complaint about comments made by the Radio National Breakfast presenter during an interview with a spokesperson for Israel’s Foreign Ministry.

The complainant felt that the comment, “I mean it’s hard to believe Israel when it says it cares about the civilian deaths” was an inappropriate accusation of lying. The CRE considered that the comment was made in the context of a current affairs style interview and these often pose difficult questions. It also flowed from a reference to reports of civilians fleeing villages like Qana and damage to a UN compound. The CRE found that it was not an accusation of lying.

The complainant also felt that another comment by the presenter, that “Israel is saying that it needs another 10 to 14 days to continue the killing…” was inaccurate as the complainant claimed that Israel had made no such statement. The CRE found reports by several media organisations quoting Israeli officials talking about “another 10 to 14 days to complete its war aims against Hezbollah”. The CRE concluded that provided a reasonable basis for the presenter to have commented ‘Israel is saying …‘ and that it was not inaccurate. This complaint was not upheld. b) Inaccurate graphic in news

A viewer complained about the word ‘Tribunal’ used in a background graphic during the introduction to a Television News item about David Hicks’ case going to a military commission. The complainant felt the use of the word ‘tribunal’ gave “a patina of legitimacy” to the U.S. government established bodies, and was misleading.

The CRE found that ‘tribunal’ was only used in the graphic and not spoken by the newsreader or the reporter who both referred to ‘commissions’. The CRE commented that that the word ‘tribunal’ is in common usage when describing a forum for adjudication or judgment and as such was not misleading. It was also considered that viewers would have taken account of the content of the item, which made it clear ‘military commissions’ had been established. This complaint was not upheld. c) Inaccuracy in Factual content

A viewer sought review of his complaint about a segment on Media Watch 21 August 2006, titled ‘Reason to Doubt’. The report commented on an Australian Story three part series titled ‘Beyond Reasonable Doubt’. The complainant felt Media Watch’s report contained errors and had accepted ‘interested parties’ opinions without checking the factual basis.

The CRE found that as a Factual program, Media Watch can be presented from a particular point of view as detailed in ABC Code of Practice 5.1; however factual content

27 needs to be accurate and in context as expressed in 5.2. The CRE found that there were minimal statements of fact in the Media Watch item to which a test of accuracy could be applied and the program’s commentary was open to interpretation by viewers. This complaint was not upheld. d) Bias and lack of balance in Factual content

A viewer sought review of his complaint about a Media Watch segment titled ‘Full of Sound and Fury’ about the media coverage of the release of Jack Thomas from jail, broadcast 28 August 2006. The complainant stated the program “epitomised many of the regular complaints about ABC bias and lack of balance” and felt it was “inexcusable” for Media Watch not to mention Jack Thomas had admitted he had attended an al-Qaeda training camp.

The CRE found that as Media Watch is classified as a Factual Program it is not required to include all the facts or relevant viewpoints about an issue; Media Watch was analysing the media coverage of the Court’s decisions rather than the specifics of the case. The CRE found the viewpoints of people featured in the report were not misrepresented or dealt with unfairly. This complaint was not upheld. e) Bias and inaccuracy in current affairs

An online user made a complaint about the transcript of a report titled ‘Pacific action on climate change needed for Aust’s self interest: report’ originally broadcast on AM 9 October 2006. The complainant felt the item contained “silly left-wing absurdities that the ABC promulgates” and suggested a lack of accuracy and bias from the agencies that produced the report. The complainant also objected to phrases such as “renewable energy”, “efficiency programs” and “impact” used in the item, identifying them as being overused by “leftists”.

The CRE found the item was coverage of the recent release of a report titled ‘Australia Responds: Helping Our Neighbours Fight Climate Change’ prepared by 12 agencies with input from the CSIRO. The CRE found the presenter and reporter used language which accurately reflected the report’s contents. It was also found that interviews presented a wide range of viewpoints and the report was balanced with an interview with the Federal Minister for Environment broadcast by AM on the same day. This complaint was not upheld. f) Lack of balance in current affairs

A listener made a complaint about a lack of balance on 612 ABC Brisbane’s Mornings program. The complainant referred to the coverage of the Hale Street Bridge issue and an interview with the Lord Mayor of Brisbane on 11 October 2006. The complainant stated the program was “extremely biased” and that the presenter had not provided “both sides of the story” or reported the amount of opposition to the bridge.

The CRE found that the Hale Street Bridge proposal was a matter of public debate in Brisbane over several weeks and it was difficult to assess balance over one interview on one day. The CRE confirmed Mornings did interview people with viewpoints that differed

28 from the Mayor, including the Deputy Mayor and the West End Community Action Group. The program also put calls and SMS messages to air from members of the public opposed to the bridge proposal, providing balanced coverage as soon as possible. The CRE found no breach of ABC Editorial Policies, this complaint was not upheld.

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