Audience Comments and Complaints Report Jul-Sep 2006

PUBLIC REPORT ON AUDIENCE COMMENTS AND COMPLAINTS

JULY – SEPTEMBER 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...... 24 Unfair Treatment...... 27 (ii) Matters of taste and standards ...... 27 Inappropriate content ...... 27 (iii) Standards of Presentation...... 29 (iv) Corporate / Infrastructure...... 30 Complaints handling...... 30 4. Summary of investigations completed by the Complaints Review Executive . 31

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. However, should they occur, 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 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 July and 30 September 2006.

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

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

Overall there were 12,332 written contacts finalised during this period. Of these, complaints made up 37% of contacts with 4,607 complaints. Of these complaints, 164 (comprising 173 issues) were upheld either fully or partially. This represents 3.6% 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 4220 373 14 4607 37% Appreciation / Request / Suggestion 6768 294 2 7064 57% Other 592 69 - 661 5% Grand Total 11580 736 16 12332 100%

Timeliness of response

Table 2: Timeliness of responses provided.

Type of contact Average response time % of responses provided within 28 days Complaints 14 days 87% All contacts 13 days 93%

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 % Fairness, accuracy & Bias Other 42 595 12.9% independence Other political 36 0.8% Anti-government 35 0.8% Pro-government 31 0.7% Pro ALP 18 0.4% Pro Coalition 7 0.2% Anti-opposition 4 0.1% Sub-total 42 726 15.7% Factual inaccuracy N/A 105 358 7.7% Balance N/A 8 141 3.0% Unfair treatment Discrimination 1 39 0.8% Denigration 36 0.8% Racism 36 0.8% Other 13 0.3% Sexism 12 0.3% Sub-total 1 136 2.9% Incidental advertising - Non ABC products / logos N/A 47 1.0% Sub-total 156 1408 30.4% Broadcast standards Standards of presentation Program presentation / set design / camera work 169 3.7% Personal presentation 122 2.6% Other 99 2.1% Language - pronunciation / grammar / spelling 4 98 2.1% Language - poor terminology / misuse of word 1 51 1.1% Sound quality / voiceovers / background music 41 0.9% Sub-total 5 580 12.5% Inappropriate content Poor taste 76 1.6% Other 1571.2% Violence 2 56 1.2% Bad example 1 40 0.9% Bad language / profanity / swearing 1 34 0.7% Sex and sexuality 1 31 0.7% Offence to religious feeling 21 0.5% Drugs / smoking / alcohol 3 0.1% Nudity 3 0.1% Sub-total 6 321 6.9% News values / news content Not enough coverage 101 2.2% Other 67 1.4% Too much coverage 60 1.3% Placement in bulletin 12 0.3% Sub-total 0 240 5.2% Standards of interviewing Too tough / aggressive / rude to guest 32 0.7% Poor context / research / background 25 0.5% Too easy on guest 23 0.5% Other 15 0.3% Sub-total 0 95 2.1% Promotions - ABC programs and products Too many promotions 22 0.5% Other 15 0.3% Too intrusive 10 0.2% Not as advertised / misleading / inconsistent 4 0.1% Too few promotions 3 0.1% Too revealing 2 0.0% Sub-total 0 56 1.2% Sensitivity and portrayal N/A 20 0.4% Intrusiveness / invasion of privacy N/A 2 0.0% Sub-total 11 1314 28.4% Audience preferences Scheduling / program changes Discontinuation of program 930 20.1% Other 137 3.0% Change of timeslot 44 1.0% Interruption to regular schedule 23 0.5% Change of format 18 0.4% Too many repeats 11 0.2% Sub-total 0 1163 25.1% Quality - general N/A 150 3.2% Sub-total 0 1313 28.4% Corporate / Infrastructure Transmission N/A 188 4.1% Management issues N/A 150 3.2% Internet - technical difficulties N/A 105 2.3% Customer service / complaints handling N/A 6 99 2.1% Captions N/A 31 0.7% Sub-total 6 573 12.4% Other Other N/A 22 0.5% Grand Total 173 4630 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 102 complaints (comprising 105 issues) upheld on the grounds of factual inaccuracy.

Upheld complaints of factual inaccuracy regarding television programs

ABC Online - Australian Story website 9 April 1998 The complaint The ABC received a complaint that the online summary of a story about Dr Karl Kruszelnicki stated that his parents spent time in a in a Polish concentration camp. The complainant pointed out that the correct term is Nazi concentration camp. Findings The ABC apologised for the error and the website was amended.

7pm Television News 25 April 2006 The complaint The ABC received two complaints from a single complainant about the source of footage used during a news story about tax cuts for timber plantations. The report included statements about the poisoning of native animals and the footage depicted a dead native animal. The ABC’s initial response to the complainant advised that the footage was supplied by the group Doctors for Forests and was filmed during 2004. The complainant was unhappy with this response and wrote again to the ABC, stating that the source of the footage was not attributed during the story and that the date of the footage could not be correct because it appeared to be the same footage used in the Four Corners program ‘Lords of the Forests’. Findings In a further response to the complainant the ABC acknowledged that the footage was filmed in 2003, not in 2004 as the complainant had initially been advised. The ABC also agreed that the footage should have been accompanied by a caption identifying that it was supplied by Doctors for Forests, because it was likely that it had been used as media release by a lobby group. The ABC apologised to the complainant and the News Editor put out a memo to all of his staff warning of the dangers of using third party material. Following receipt of this further response from the ABC, the complainant raised further questions about its accuracy. Additional information was sought from News & Current Affairs,

6 and the ABC acknowledged that it had again provided an inaccurate response to the complainant. The ABC apologised for these regrettable and embarrassing errors in its advice to the complainant. These complaints were upheld on the grounds of both inaccuracy and unsatisfactory complaint handling.

Head 2 Head 27 May 2006 The complaint A viewer pointed out that the question 'When did Manchester United last win the Premier League?' was answered correctly by a contestant on this program as 2003. This answer was deemed incorrect by the program, and it was erroneously stated by the presenter that the correct answer was 2001. Findings The ABC acknowledged the error and apologised to the complainant. The adjudicator picked up this error on the day of taping and the contestant was invited back to participate in a future episode of the program. Unfortunately, he could not find the time to do so.

Head 2 Head 27 May 2006 The complaint A viewer pointed out that Evonne Goolagong (Cawley) was not born in Barellan as was judged correct on the show. She was born in Griffith. Findings The ABC acknowledged that this was incorrect and apologised to the viewer.

Catalyst 1 June 2006 The complaint A viewer complained that the story 'Stem Cell Promise' contained two inaccuracies. Firstly, the complainant was concerned that the reporter stated that embryonic stem cell research was illegal in Australia. The viewer pointed out that this was incorrect as a result of the Research Involving Human Embryos Act 2002 (Commonwealth) and corresponding legislation in each State/Territory. Rather, cloning is illegal under the Prohibition of Human Cloning Act 2002 (Commonwealth) and corresponding State/Territory legislation. Secondly, the viewer complained that a picture shown in the program to illustrate what an embryo looks like was, in fact, a picture of a foetus. Findings The ABC agreed that the viewer was correct on both counts. While human cloning is banned in Australia, embryonic stem cell research is not. The ABC also acknowledged that the story incorrectly displayed an image of a foetus in utero. As the name suggests, embryonic stem cells are drawn from embryos and not foetuses, and as such the ABC acknowledged that this image was misleading. The online transcript of the story was amended to acknowledge these errors. This complaint was upheld on two counts of inaccuracy.

7pm Television News 2 June 2006 The complaint

7 Three viewers complained that Camilla Parker Bowles was incorrectly referred to as the Duchess of Wales, when in fact she is the Duchess of Cornwall. Findings The ABC acknowledged the error.

The Einstein Factor 4 June 2006 The complaint A viewer complained that a contestant on this program was judged incorrect for offering Mars as an answer to the multiple choice question “"A traditional subject for art is the classical myth of Venus and who ?”. The answer given by the program was Adonis. However, as the complainant pointed out, Mars is also correct, as evidenced by the many examples of traditional art that the complainant listed in her email. Findings The ABC agreed that Mars was also an accurate response and apologised for this error.

Can We Help? 9 June 2006 The complaint A viewer complained that the origin of the two fingered insult, as explained by this program, was in fact an urban myth. The program stated that it originated during the Battle of Agincourt. Findings The ABC acknowledged that the viewer was correct: there is no evidence to suggest that the two fingered salute originated in the Battle of Agincourt.

Collectors 16 June 2006 The complaint Five viewers complained that this program featured footage in the 'Collector Cam' segment of a home viewer fossicking for relics on Victorian Goldfield archaeological sites. The viewers pointed out that these sites are protected under the Heritage Act 1995. Findings The ABC apologised for this error. The online presentation of the segment was removed and a warning issued on the Collectors home page. The ABC undertook to acknowledge the error in a subsequent edition of the program, and advised that it would also be broadcasting a story about the preservation of historical archaeological sites in the near future.

The Saddle Club website 16 June 2006 The complaint An online user complained that information about albino horses on the Saddle Club website was incorrect. The user pointed out that there are actually no albino horses, as a gene that causes albinism doesn't exist in horses. Findings The ABC apologised for the error and the inaccurate content was removed.

7pm Television News 26 June 2006 The complaint

8 A viewer pointed out that a story about an organ in Mudgee included an error in the first name of the organist. Findings The ABC apologised for the error.

7pm Television News 3 July 2006 The complaint Four viewers complained that a report inaccurately stated that Sir Francis Chichester’s yacht “Gypsy Moth IV” was the first yacht to circumnavigate the globe solo. In fact it was Joshua Slocum's “Spray”. Findings The ABC acknowledged the error.

Midday Report 5 July 2006 The complaint A viewer complained that a map used to illustrate the coverage range of a North Korean missile was incorrect as it showed all of Australia and New Zealand within 6000km of North Korea. Findings The ABC apologised for the error which occurred when a map was incorrectly converted from miles to kilometres.

The 7.30 Report 11 July 2006 The complaint A viewer companied that the quote “that we learn nothing from history” was incorrectly attributed to G.B. Shaw instead of the actual author G.W.F. Hegel. (In fact, the G.B. Shaw quote attributes the original observation to Hegel.) Findings The ABC thanked the viewer for their advice about the correct origins of the quotation.

The 7.30 Report 11 July 2006 The complaint A viewer complained that in a report about the case of Dragan Vasiljkovic, a Serbian- Australian facing extradition to Croatia for alleged war crimes, it was stated that Serbs and Croats had been fighting for centuries. Findings The ABC acknowledged that stating that Serbs and Croats “have suffered from centuries of animosity between them” was incorrect. The transcript of the report was amended to remove the error and a footnote included to alert readers to the change.

National Press Club Address 12 July 2006 The complaint

9 Two viewers complained that during the address by Professor Barry Marshall, the text on screen stated that he was the winner of the “Nobel Peace Prize”. Professor Marshall won the 2005 Nobel Prize for Medicine. Findings The ABC acknowledged the error.

7pm Television News 15 July 2006 The complaint Two viewers complained that chimpanzees were referred to as monkeys. Findings The ABC agreed that this was incorrect.

7pm Television News 17 July 2006 The complaint A viewer complained of bias against then Opposition Leader Kim Beazley, citing a news report which stated that an AC Nielsen poll put Mr Howard as preferred Prime Minister over Mr Beazley by a margin of 63% to 38%, when the real figure was 53% to 38%. The viewer felt that this indicated systematic bias, as he had previously made a complaint about similar misreporting of an AC Nielsen poll, and the ABC had acknowledged its error. Findings The ABC acknowledged that a graphic used in the story did show 63% instead of 53% for Mr Howard, which was incorrect. However, the ABC did not agree that this error was due to 'systematic bias' against the then Opposition Leader.

The 7.30 Report 19 July 2006 The complaint A viewer complained that the report ‘Anger after ship double-booked’ relating to Southern Lebanese trying to escape Israeli military forces incorrectly contained footage of an Israeli woman grieving to illustrate the plight of the Lebanese. Findings The ABC acknowledged the error and apologised for the inadvertent use of footage from Israel in the context of Lebanon. A clarification was aired on The 7.30 Report on the following evening.

NT Rugby Union 22 July 2006 The complaint A viewer pointed out that the referee was incorrectly named throughout the match commentary. Findings The ABC apologised for this error. The correct information had been received by the program team, but was incorrectly transferred to the scoring system and the production paperwork.

Midday Report 24 July 2006 The complaint

10 A viewer companied that Optus was reported as an ASX listed company, which it is not. Findings The ABC agreed and advised the viewer that Optus shares would not be mentioned in this way again.

Lateline 25 July 2006 The complaint A viewer complained that a Lateline report inaccurately stated that Israeli Corporal Gilad Shalit had been captured in Gaza. In fact, the capture of Corporal Shalit took place on the Israeli side of the border. Findings The ABC apologised for this error.

Lateline 25 July 2006 The complaint A viewer complained that the ABC had failed to correct an error in a timely fashion. A report had inaccurately stated that Israeli Corporal Gilad Shalit had been captured in Gaza when in fact the capture took place on the Israeli side of the border with the Gaza strip. The ABC had acknowledged the error in correspondence but had failed to correct the transcript. Findings An Editor's Note was added to the program transcript to acknowledge and correct the error.

Lateline 25 July 2006 The complaint A viewer complained that in an interview with Dr James Zogby, the presenter stated that the Israeli invasion of Lebanon took place in 1982 and ultimately led to the Lebanese Civil War, when in fact the Lebanese Civil War commenced in 1975. Findings The ABC acknowledged that the presenter’s response to his guest’s comment was a conglomerate of ideas which were not ideally expressed. The presenter had intended to say that the Israeli invasion of southern Lebanon had ultimately impacted on the Lebanese civil war. The error was corrected on the program transcript.

Landline 31 July 2006 The complaint Two viewers pointed out that cane toads were referred to as reptiles when they are, in fact, amphibians. One of these viewers also pointed out a typographical error in a caption on a separate program. Findings The ABC acknowledged the inaccuracy in the reference to cane toads and amended the program transcript. The relevant journalists were also made aware of the typographical error identified by the viewer.

11 7pm Television News 8 August 2006 The complaint A viewer complained that an estimate of the size of a crowd attending a rally against the Victorian Government’s Racial and Religious Tolerance Act was reported as fact. Findings The ABC agreed that the estimate should not have been reported as fact.

7pm Television News 14 August 2006 The complaint Three viewers complained that during the finance report, it was reported that Commonwealth Bank shares had fallen but it was not disclosed that the fall was due to shares going ex- dividend. Findings The ABC acknowledged the error. During the finance report the following evening, the presenter issued an apology and corrected the error.

The 7.30 Report 15 August 2006 The complaint A viewer complained that the program stated that foetal and embryonic stem cells are the same. The viewer also complained that the program had “praised” Health Minister Tony Abbott as "an appropriate spokesman for the anti movement". Findings The ABC acknowledged that the program did not properly distinguish between foetal and embryonic stem cells and apologised for this error. The program transcript was amended to correct the error. In terms of the description of Tony Abbott, the ABC was satisfied that the description of Mr Abbott as the "most articulate and senior proponent" of the case against stem cell research within the government was fair and accurate. This aspect of the complaint was not upheld.

7pm Television News 15 August 2006 The complaint A viewer complained that Shepparton was described as located in “north east Victoria” when it is in fact almost directly north of Melbourne. Findings The ABC agreed that the description was incorrect.

News Update 21 August 2006 The complaint A viewer complained that a news update referred to Telstra shares having fallen to a new low, when in fact the 12 cent reduction in the share price was offset by a 14 cent dividend, with the net effect of a 2 cent gain. Findings

12 The ABC acknowledged that the bulletin did not use all of the information available: it should have also referred to the dividend payment which turned around the company’s fortunes on that day.

Midday Report 24 August 2006 The complaint A viewer complained that the Tabcorp share price was quoted during the business segment as $1.15, when in fact it was $15.41. Findings The ABC apologised for the error.

7pm Television News 24 August 2006 The complaint Two viewers pointed out that a reporter twice referred to a historic home in Parramatta as dating from the early 18th century. Findings The ABC acknowledged the error. The reporter should have referred to the early 1800s or the early 19th century.

7pm Television News 26 August 2006 The complaint A viewer complained that a photograph of David Hicks holding a rocket launcher was shown during a report about Hicks facing a possible death penalty. The complainant asserted that repeated showing of the photograph implies that Hicks is guilty of crimes against the West. Findings The ABC has consistently reported that the photograph in question was taken when Hicks was in Albania on his first day of training under NATO orders, and that it does not depict Hicks during his time in Afghanistan. The ABC assured the complainant that caution is exercised when using this photograph to ensure that viewers are not misled. However, the ABC acknowledged that in this instance, the use of the photograph was inappropriate as it was not used in context.

7pm Television News 4 September 2006 The complaint A viewer complained that a reference to Andre Agassi as an "eight times Grand Slam winner" was incorrect, pointing out that to win the Grand Slam once a player must win each of the four main tournaments (Wimbledon, US, French and Australian Opens) in the same calendar year. Findings The ABC agreed that the description was wrong. Agassi should have been described as the winner of eight Grand Slam tournaments or events.

At The Movies 6 September 2006 The complaint

13 A viewer complained that in a review of the film “An Inconvenient Truth”, the reviewer stated that Al Gore’s son had died. Findings The ABC acknowledged that the reviewer’s comment about Al Gore's "son he lost" was incorrect. The program transcript was amended and a correction was posted on the program’s website.

7pm Television News 7 September 2006 The complaint A viewer complained that a report about gastric banding surgery stated that the surgery is not covered by Medicare. The viewer argued that the procedure is in fact covered as gastric reduction or gastroplasty for morbid obesity, and attracts a Medicare rebate. Findings The ABC acknowledged that the report should have stated that gastric banding surgery is not available on Medicare for the majority of patients, rather than all patients.

7pm Television News 9 September 2006 The complaint A viewer complained that an on-screen super stated that Dr Bruce Flegg was the Queensland Opposition Leader. The Queensland Opposition Leader at the time was in fact Lawrence Springborg. Findings The ABC apologised for the error.

The 7.30 Report 11 September 2006 The complaint A viewer complained that in the introduction to an interview with Al Gore, Kerry O’Brien inaccurately stated “the 2000 presidential election in which George W. Bush took the prize, but only after the US Supreme Court ruled 3-2 in his favour”. In fact, the US Supreme Court ruled 5-4 against a recount of the contested vote in Florida. Findings The ABC acknowledged the error and amended the transcript of this story on The 7.30 Report website.

7pm Television News 13 September 2006 The complaint A viewer complained that a report on the Defence Force Rugby competition stated that the teams comprised soldiers, when in fact they comprised members of the Army, Navy and Air Force who are soldiers, sailors and airmen respectively. Findings The ABC acknowledged the error.

Midsomer Murders promotion 14 September 2006 The complaint

14 A viewer advised that a promotion for this series incorrectly referred to Midsomer as a town, when it is in fact a fictional county. Findings The ABC acknowledged the error and undertook to re-edit the promotions for future broadcasts.

7pm Television News 18 September 2006 The complaint A report about the Solomon Islands Government cancelling the appointment of Marcus Einfeld as the head of a commission of inquiry incorrectly referred to him as an Australian judge, when in fact Mr Einfeld is a former judge. Findings The ABC acknowledged the error.

7pm Television News 24 September 2006 The complaint A viewer complained that a report about the AFL Grand Final between the Sydney Swans and the West Coast Eagles incorrectly stated that it was the first time in over twenty years that the same teams had faced off in consecutive Grand Finals. In fact, this had occurred in 2002 and 2003 when the Brisbane Lions defeated Collingwood in two consecutive Grand Finals. Findings The ABC acknowledged the error.

Upheld complaints of factual inaccuracy regarding radio programs

666 ABC Canberra - News 23 June 2006 The complaint A listener complained that an out of date weather forecast was broadcast for Canberra. Findings The ABC acknowledged that the wrong weather forecast was broadcast on the night of 26 June due to a computer error in the Canberra radio studio.

The World Today 27 June 2006 The complaint A listener complained that the presenter of this program stated that the Gulf War was supposed to restore democracy to Kuwait, which was incorrect. Findings The ABC agreed that the word "restore" used in the introduction was incorrect. The introduction to the segment should have said “fifteen years after the Gulf War which was meant to install democracy to Kuwait”. The transcript was corrected and an Editor's Note added.

702 ABC Sydney – Mornings 30 June 2006

15 The complaint A listener complained about the accuracy of two statements made by a stand-in presenter during a talkback segment regarding the David Hicks case, who commented that “David Hicks has not been charged” and that “the Taliban was a government recognised by the United States and Australia”. Findings The ABC acknowledged that the statement that David Hicks had not been charged was incorrect, but did point out that the presenter had in fact made it clear to a previous caller that David Hicks had previously been charged. The ABC also acknowledged that the statement that the Taliban was recognised by Australia and the US was misleading. The complaint was upheld on two counts.

Radio National - Correspondents’ Report 30 June 2006 The complaint A listener advised that the program had incorrectly described Sir Francis Chichester as the first person to sail solo around the globe. In fact, it was Joshua Slocum who accomplished this feat. Findings The ABC agreed with the listener and amended the online transcript of the report.

107.9 ABC Ballarat – Mornings 7 July 2006 The complaint A listener complained that when she participated in an on-air quiz, she was told by the presenter that her answer to the question of how many times Elizabeth Taylor had been married was incorrect. In fact, her answer had been correct. Findings The ABC apologised for the error and advised the listener to contact the station to claim her due reward.

ABC Classic FM – Choir of the Year 12 July 2006 The complaint Two listeners complained that a promotion for the Choir of the Year referred to finals being held in every state and territory in Australia. This was incorrect as there were no choirs from the Northern Territory or Tasmania in the finals. Findings The ABC apologised for the confusion caused by this promotion. The network had intended to run finals in all states and territories, but had not proceeded with finals in Tasmania and Northern Territory. The promotion was not broadcast after 13 July 2006.

Networked Local Radio – Nightlife 21 July 2006 The complaint A listener complained that an incorrect answer was accepted in the late night quiz. The answer to the question “Who headed the Gestapo?” was Heinrich Himmler, but the answer accepted was Herman Goering. Findings

16 The ABC acknowledged the error.

Radio National – Breakfast 22 July 2006 The complaint A listener complained that Brigadier Michael Slater was referred to as Brigadier-General Michael Slater in a Radio National Breakfast report on East Timor. The rank of Brigadier- General does not exist in the Australian Army. Findings The ABC acknowledged the error.

AM 3 August 2006 The complaint A listener complained that Chris Barrie was incorrectly referred to as a Rear Admiral when he is in fact an Admiral. Findings The ABC acknowledged the error and corrected the transcript of the program.

Radio National – Breakfast 3 August 2006 The complaint A listener complained that various comments made by the presenter over two days collectively exhibited anti-Israel bias with regard to recent events in the Middle East, including a reference to Israel “taking hostages” in Lebanon. Findings The ABC agreed that the expression “taking hostages” was inaccurate and apologised for the error. This complaint of factual inaccuracy was upheld. However, the listener’s other complaints of inaccuracy, and his broader complaint of bias, were not upheld.

91.7 ABC Coast FM - News and AM 3 and 5 August 2006 The complaint Two listeners complained about the use of the word “several” in two separate reports to describe the number of civilians killed in the Qana bombing and those killed in the air strike in the Bekaa Valley. The listeners complained that the word “several” was not an accurate representation of the number of civilians killed, which in the case of Qana was at least 28, and in the case of the Bekaa Valley was at least 17. The listeners also alleged that the repeated use of this word reflected a broader trend of deliberate bias on the part of the ABC. Findings The ABC acknowledged that the use of the word “several” was inaccurate in both cases. The complaints were upheld on the grounds of factual inaccuracy. However, the allegations of bias were not upheld.

Radio National – Breakfast 8 August 2006 The complaint

17 A listener complained that the presenter reported that 15 French aid workers had been killed in Sri Lanka when in fact 15 native Sri Lankans had been killed, as had been reported earlier on ABC NewsRadio. The Sri Lankans were employed by a French aid agency. Findings The ABC agreed that the statement was factually inaccurate and apologised.

612 ABC Brisbane – Mornings 17 August 2006 The complaint A listener complained that after airing an interview with Queensland Liberal leader Dr Bruce Flegg on the ABC Brisbane Mornings program on 17 August, the presenter stated “that was Bruce Flegg who will be Coalition leader in the unlikely event of a Coalition victory”. The listener complained that this was a serious error which reflected the presenter’s political leanings. Findings The ABC advised the listener that the presenter meant to say “a Liberal victory” rather than “a Coalition victory”, and apologised for the error. The presenter did not deliberately intend to assert the view that the Coalition could not win the election.

Radio National - The World Today 21 August 2006 The complaint Two listeners complained that a report on Telstra shares and dividends exhibited gross misunderstanding of the situation and that the reporter used hyperbole in place of analysis. Findings The ABC acknowledged that the reporter misinterpreted Sol Trujillo’s qualification of the size of future Telstra dividends, giving the impression that there may not be any at all in the future. The ABC explained that the reporter had been listening to a telephone conference call with Mr Trujillo and filed his report almost immediately afterwards, without permitting himself enough time to adequately absorb or analyse the information. The ABC apologised for the inaccuracies in the report. The transcript of the report was removed from the program’s website.

Radio National – News 21 and 22 August 2006 The complaint A listener complained about the use of the words “dispute” or “industrial dispute” in covering the situation with AJAX Fasteners. The listener pointed out that “crisis” would be more accurate as the difficulty was not caused by the workers or trade unions. Findings The ABC agreed that the story could have been better phrased, and the use of the word “dispute” could be misleading.

774 ABC Melbourne - News 29 August 2006 The complaint A listener complained that the 7:45am news bulletin incorrectly stated that Don Chipp was “awarded an Order of Australia”. The Order of Australia is an institution and cannot be “awarded”.

18 Findings The ABC acknowledged that the statement was inaccurate.

PM 5 September 2006 The complaint A listener complained that a report on a call for advertising bans incorrectly stated that the Australian Association for National Advertisers had adopted a voluntary code for advertising to children “last month”. The code was in fact adopted in 2004. Findings The ABC acknowledged the error and amended the online transcript accordingly. A correction was broadcast on PM on 6 September. This complaint was also upheld on complaint handling grounds, as the program responded directly to the complaint.

Radio National – Saturday Extra 9 September 2006 The complaint A listener complained that in an interview with two scholars, the presenter referred to Antonio Gramsci as a “nineteenth century Marxist”. In fact, all of Gramsci’s contributions to Marxism were made in the twentieth century. Findings The ABC acknowledged the error.

PM 19 September 2006 The complaint The ABC received a complaint that a reference to comments made by Shelley Kovco’s father, David Small, was inaccurate. The program had reported Mr Small was a former military man who had said that the bungled repatriation of Private Kovco’s body had almost caused him to return his medals. In fact, Mr Small had never served in the armed forces and the medals he referred to belonged to other family members. Findings The ABC apologised for the inaccuracies, which were the result of the reporter misunderstanding Mr Small’s comments to the board of inquiry.

Upheld complaints of factual inaccuracy relating to ABC Online

ABC News Online 12 June 2006 The complaint An online user complained that a report about the Queen’s Birthday Honours list stated that Shane Stone was a former Labor Party President, when in fact he had been Liberal Party President. Findings The ABC apologised for the error which was corrected on receipt of the complainant’s email.

ABC News Online 27 June 2006

19 The complaint The ABC received a complaint about a headline which stated that former East Timor Prime Minister, Dr Mari Alkatiri, had been “summonsed”, while the body of the story made it clear that there was a “chance” that charges could be laid against him. Findings The ABC apologised for the inconsistency and amended the headline.

ABC News Online 11 July 2006 The complaint An ABC News Online user complained about the wording of a story about the US Senate seeking legal changes to allow foreign terror suspects to be tried by US military tribunals. The user felt that the words “in defiance of the Supreme Court” in the article were incorrect, pointing out that obtaining the required “congressional authorisation” is not “in defiance of the Supreme Court”. Findings The ABC agreed that the words “in defiance” were at odds with the thrust of story, which had been supplied to the ABC by an external news agency. The story was corrected and an Editor's Note added to explain the change.

ABC News Online 15 July 2006 The complaint The ABC received a complaint that a caption for a photo in the ABC News online photo gallery referred to two Israeli soldiers as having been captured in attacks in Southern Lebanon. The complainant pointed out that Hezbollah had captured the Israeli soldiers within Israeli sovereign territory. The complainant also objected to references to Hezbollah “guerrillas” and the use of the term “captured” rather than kidnapped. Findings The ABC acknowledged that the caption was incorrect and apologised to the complainant. This error was in information supplied by an external news agency. The caption was amended to refer to the incident as having occurred in Israel. With regard to the language used, the ABC advised that the word “capture” is just as acceptable as “kidnap” and that ABC reports had used both terms. Similarly, the ABC was satisfied that the term “guerrilla” was appropriate and in keeping with ABC Editorial Policies on labelling of groups and individuals.

ABC News Online 25 July 2006 The complaint The ABC received a complaint that a report entitled ‘Environment groups slam Australia Institute criticism of protection act’ was factually inaccurate in stating that more than one environmental group had expressed criticism of the Australia Institute report, when in fact only one group had done so. Findings The ABC acknowledged that the reference to “groups” in the headline and opening paragraph of the report was factually inaccurate and amended the story accordingly.

ABC News Online 29 July 2006

20 The complaint A visitor to News Online complained that a report entitled ‘Teacher's compo for affair sacking reinstated’ contained factual inaccuracies regarding the reasons for the teacher’s sacking. Findings The ABC agreed and amended the report accordingly.

ABC News Online 31 July 2006 The complaint An online user complained that a report of the funeral of Asaf Namer, an Australian-Israeli dual national who died fighting with the Israeli Army against Hezbollah, incorrectly stated that the deceased soldier received a 21-gun salute at his funeral, whereas television news footage showed a firing party of around six soldiers. Findings The ABC acknowledged the error and removed the reference from the online report.

PM 3 August 2006 The complaint An online user complained that a transcript of a story on the PM website entitled ‘Detention ships may need Indonesian approval’ contained inaccurate information about the medical care available to detained Indonesian fishermen in Darwin. The transcript stated, “In April last year, a fisherman died on the harbour because he and nine others did not have access to medical attention.” The complainant alleged that this statement was inaccurate and misleading, and contradicted the findings of the Northern Territory Coroner in relation to the death of the fisherman. Findings The ABC acknowledged that the statement in question was inaccurate and apologised. The statement was removed from the online transcript and a note was added acknowledging the removal of the paragraph due to inaccuracy. As well as this, the audio of the report was removed from the PM website.

ABC News Online 5 August 2006 The complaint A reader pointed out that a number of online news reports had referred to Kiriyat Shmona as Israel's most northern town. In fact, the reader advised that the most northern town in Israel is Metulla, which is at the northern tip of the country on the Lebanese border. The ABC noted that the reports involved had typically come from a recognised external news agency. Findings While Metulla is a relatively small village or settlement, the ABC agreed that at the very least our reports should be referring to Kiryat Shmona as the most northern city. The ABC undertook to draw this point to the attention of news agencies and relevant ABC staff.

ABC News Online 6 August 2006 The complaint

21 Three news online users complained that a report about Israeli air strikes on Beirut was accompanied by a doctored photo of destruction in Lebanon with additional smoke, which had been discredited. Findings The ABC acknowledged that the image was incorrect. The image was obtained from an external news agency. It was withdrawn by that news agency after they established that a freelance photographer of theirs in Lebanon had manipulated a photo of Beirut to show heavier smoke after an Israeli bombing. However, the ABC did not receive an alert that the image had been withdrawn. The ABC replaced the image with a correct picture and added an Editor’s Note to the website. The news agency issued a story saying that it had discontinued its association with the photographer, and this was also published on the ABC site. The ABC also sought urgent clarification from the news agency on how it advises clients of problems such as this, so that the situation would not happen again.

Queensland State Election 2006 15 August 2006 The complaint A visitor to the ABC’s Queensland Election website pointed out a typographical error in text which referred to the August 2006 by-elections. The by-elections were held in August 2005. Findings The error was corrected.

ABC News Online 21 August 2006 The complaint A news online user was puzzled by a headline reading “Costs wipe 66pc off BlueScope profit”, when the body of the report cited a reduction in profit from $644m to $338m. By the reader’s calculations, this equated to a 48% drop, not 66%. The ABC reviewed the item and determined that the 66% figure used in the headline and the introduction to the story was correct, but the report should have stated that the profit declined "BY" $644 million rather than "FROM" $644 million. This is where the inaccuracy arose. Findings The error was corrected.

ABC News Online 23 August 2006 The complaint The ABC received a complaint about a news story which linked BHP Billiton with illegal activity. Findings The ABC acknowledged that there were a number of inaccuracies in the online story. The story was withdrawn, corrected, and was rewritten to make it clear that the actions referred to in the story were not taken by BHP. A new version was published and the original story is no longer available on the ABC website.

ABC Online TV Guide 25 August 2006 The complaint

22 A visitor to the ABC’s online TV guide pointed out that a promotion for the program Can We Help incorrectly identified bass baritone, Robert Latham, as attending Melbourne's Conservatorium of Music. In fact, Mr Latham attends the Melba Conservatorium of Music. Findings The ABC apologised for the error and amended the webpage.

ABC News Online 27 August 2006 The complaint An online user complained that a report entitled ‘Two found dead, Qld police investigate’ incorrectly located a crime as having occurred at Sunshine Beach, when it had in fact occurred at Sunrise Beach. Findings The ABC acknowledged the error and amended the report to reflect the correct locality.

ABC News Online 29 August 2006 The complaint The ABC received a complaint that a report published on News Online entitled ‘Democrats founder Chipp dies’ included incorrect details of Don Chipp’s children. Findings The ABC apologised for the error and amended the report accordingly.

ABC News Online 29 August 2006 The complaint An online user complained that a report entitled ‘Gippsland fossil 'pre-dates dinosaurs'’, incorrectly described the fossil as a lungfish when it was in fact a coelacanth. Findings The ABC acknowledged the error and amended the report accordingly.

ABC News Online 8 September 2006 The complaint An online user complained that a report entitled ‘Telstra under fire over doctor's surgery delays’ incorrectly described Telstra’s obligations to repair faults. The report stated that Telstra “is required by the Telecommunications Ombudsman to repair faults in an urban area within one working day”. In fact it is required to do so by the end of the next working day. Findings The ABC acknowledged the error and amended the report accordingly. An Editor’s Note was added to the report describing the amendment.

ABC News Online 10 September 2006 The complaint An online user pointed out that a report which stated that former Malaysian Prime Minister Dr Mahatir would be barred from the UMNO Assembly in November was inaccurate: Dr Mahathir could still attend the assembly as an ordinary member, but he would not be permitted to make

23 a public address to the assembly because he failed in his bid to represent the Kubang Pasu UMNO division as one of the seven elected delegates. Findings The ABC agreed that the report was inaccurate and withdrew it from the website.

ABC News Online 22 September 2006 The complaint The ABC received a complaint that a report published on News Online entitled ‘Suspensions appropriate for school bashing: dept’ contained factual inaccuracies, such as stating that a person was the Department’s regional director when he was in fact the school education director. Findings The ABC acknowledged that the report contained minor inaccuracies and amended it accordingly.

Bias and Balance

47 complaints (comprising 50 issues) were upheld associated with issues of bias and balance.

Landline 21 May 2006 The complaint Two viewers complained that a story about the possible sale of the Snowy Mountains Hydro Electric Scheme did not include comment from anyone in favour of the sale, such as the State Government Ministers involved. The viewers were also concerned that there was no explanation for the absence of these views, particularly as the segment took up most of the program. Findings The ABC reviewed the segment and agreed that the story lacked balance, and that alternative perspectives from proponents of the sale should have been featured. While the reporter had unsuccessfully attempt to get comments from some proponents of the sale, including various investment banks and the Snowy Hydro scheme, further efforts should have been made to present principal relevant viewpoints on this issue.

612 ABC Brisbane - Evenings 22 May 2006 The complaint A listener made a complaint that the presenter of this program displayed “left wing” views and was biased, citing an interview with Sean Burnie from Greenpeace regarding the nuclear energy debate. The listener felt that the interview demonstrated a selective use of narrow viewpoints by the presenter. Findings While noting that the program had covered a variety of opinions on the energy debate over time, the ABC acknowledged that the interview with Mr Burnie required a balancing viewpoint to be presented within that program or soon afterwards.

24 702 ABC Sydney - Breakfast 8 June 2006 The complaint The ABC received a complaint that an interview conducted with the Hon. David Campbell MLA, NSW Minister for Small Business and Regional Development, raised issues about the relationship between an increase in petrol prices prior to the June long weekend and the ACCC, which required a countering viewpoint. The complaint also criticised the station’s handling of the listener’s telephone complaint about the interview. Findings The ABC agreed that the reference to the ACCC on petrol pricing, raised during the interview, required a balancing viewpoint which was not presented on the program. The program team subsequently contacted the offices of the Federal Treasurer and Minister for Industry, Tourism and Resources to seek a follow-up interview but both offices declined to respond on the issue of the ACCC. The ABC also acknowledged that the listener’s phone calls to the station in relation to this matter were not adequately dealt with at the time, and failed to meet the standards expected of ABC Local Radio staff. The ABC apologised for the lapse in standards. 702 ABC Sydney modified its work practices to better deal with calls during the Breakfast program.

Radio National – Breakfast 8 June 2006 The complaint Two listeners complained about a lack of balance on the Radio National Breakfast program citing two interviews on 8 June. The first interview was with lawyer Robert F. Kennedy Junior, and related to allegations of vote rigging by the Republicans in the 2004 US election. The listeners were concerned that during the interview with Mr Kennedy, the presenter took the opinions of the interviewee as fact, failed to question the interviewee appropriately and encouraged listeners to agree with the interviewee. One listener complained that the presenter’s comment at the conclusion of the interview with Mr Kennedy that this “puts the project of bringing democracy to Iraq in a different light” lacked impartiality. Both listeners complained that the ABC did not balance this interview by presenting alternative viewpoints. One of these listeners also complained about an interview, with Alfred McCoy, Professor of History at the University of Wisconsin-Madison, regarding allegations of torture at Guantanamo Bay. The listener felt that the presenter actively encouraged the views of Professor McCoy, did nothing to counter his viewpoints, and presented no balancing interviews. Findings The ABC acknowledged that there was no countering view presented on the Breakfast program of 8 June to provide balance to the claims made by lawyer Robert F. Kennedy Junior. The ABC also agreed that the presenter should have adopted a more rigorous approach to questioning Mr Kennedy and at times the interview could have been regarded as favourable towards the interviewee’s views. The ABC also acknowledged that the presenter’s closing remark was inappropriate. With regard to the interview with Professor McCoy, the ABC advised that this interview was balanced by a lengthy interview with Attorney-General Phillip Ruddock about David Hicks which was featured on the program, in the same timeslot, the following day. However, the ABC acknowledged that one question put to Professor McCoy was framed in a way that lacked impartiality. The ABC apologised for this lapse in program standards.

702 ABC Sydney – Mornings 19 June 2006 The complaint A listener complained that presenter made an emotional anti-hunting outburst during a discussion on the NSW State Government's decision to allow hunters to shoot feral animals in NSW State Forests, as part of the culling process. Findings The ABC acknowledged that some of the presenter’s language could have been open to misinterpretation.

ABC News Online 30 June 2006 The complaint An online user complained about a caption which was included with a photo in a David Hicks story (“Hicks's lawyer hails Supreme Court ruling”). The complainant was concerned that the caption: “Great news: The ruling effectively thwarts attempts by the US to try Hicks by military commission” was not punctuated properly and suggested the ABC was editorialising. Findings The ABC acknowledged that inclusion of the words “Great news” without quotes in the photo caption did indeed convey the impression of editorialising, even though these were the words used by Hicks's lawyer. The caption was changed. The ABC advised the complainant that this was a result of the ABC’s online distribution system which does not allow quotation marks. The ABC is investigating a way of solving this technical problem.

ABC News Online 17 July 2006 The complaint A news online user complained that a report quoting a Labor Party candidate, Sid Sidebottom, criticising the Liberal Member for Braddon, Mark Baker, was one-sided. Findings The ABC acknowledged that the report was unbalanced. The response from Mr Baker was not picked up by the online newsroom. The original story was amended to include Mr Baker's responses. The ABC apologised to the complainant.

Behind the News 25 July 2006 The complaint Thirty five viewers complained that the report ‘Israel Bombing’ was simplistic and provided an account of the background to the Lebanon conflict which was slanted against Israel. Two additional viewers subsequently wrote to complain that activity sheets on the program’s website were selective in the information presented, and incorporated the same elements of bias present in the original report. Findings While noting that the intention of this story was to communicate a complex situation to a young audience, the ABC acknowledged that the content failed to meet the requirements of balance and impartiality. The ABC agreed that the story did not represent key relevant

26 viewpoints effectively and that some of the descriptions within the story were over-simplistic and inappropriate. Behind the News broadcast an apology on Tuesday 8 August. A statement was posted on the program website with an apology and acknowledgment that the program failed to meet the ABC’s editorial requirements for balance and impartiality. The transcript of the program and associated video were removed from the website and will not be reinstated. The ABC agreed that the activity sheet on the program’s website failed to meet the requirements for accuracy and impartiality, and it was removed from the website. New teaching materials were developed and posted on the Behind the News website on Tuesday 8 August.

702 ABC Sydney - News 30 August 2006 The complaint A listener complained that the 6:00am news bulletin lacked balance, as the views of University of New South Wales Professor of Law George Williams on the Jack Thomas case were reported without any reference to the opposing viewpoints. Findings The ABC acknowledged that reference should have been made to the opposing viewpoints in order to balance the report.

Unfair Treatment

One complaint was upheld that alleged unfair treatment.

ABC Online - Religion & Ethics gateway 24 May 2006 The complaint The ABC received a complaint that the references to Scientology on this site included an “anti-Scientology” website, but none of the other religions listed in the library included links to “anti” sites. Finding The ABC agreed that the link was inappropriate and removed it.

(ii) Matters of taste and standards

Inappropriate content

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

Surfing the Menu 18 January 2006 The complaint The ABC received a complaint that an episode of this program filmed in Western Australia showed one of the presenters feeding a seal. The complainant pointed out that it is a breach of the Wildlife Conservation Regulations of WA to feed wildlife. Findings

27 The ABC apologised to the complainant for the breach of wildlife regulations and advised that any further broadcasts of this episode on ABC Television would be preceded by consumer advice to warn viewers of the dangers of such behaviour.

Enough Rope promotion 19 June 2006 The complaint A viewer complained that a promotion for this program contained references to sexual activity that were inappropriate for broadcast immediately prior to the 7pm Television News when children were likely to be watching. Findings The ABC agreed that the promotion contained elements that were not suitable for children, and that it should not have been broadcast at this time. The ABC apologised to the viewer and reviewed its systems to avoid such errors in future.

720 ABC Perth – Mornings 21 July 2006 The complaint A listener complained that a joke made by an ABC sports commentator alluded to domestic violence against women as a way to “keep them keen, treat them mean”. Findings The ABC agreed that the remark was inappropriate.

ABC Online – ABC Learn website 13 August 2006 The complaint An ABC Online user advised that a link from the ABC’s learning website connected the user to adult content, which was not suitable for children who were the website’s target audience. Findings The ABC agreed that the content was inappropriate and the line was removed. The error occurred after a domain name previously held by the ABC was purchased by another company. The ABC undertook to review its procedures for managing lapsed domain names to avoid such problems in future.

Triple J – Breakfast 1 September 2006 The complaint A listener complained that strong language was used without prior warning on this program when the presenters replayed excerpts of an interview with John Butler. Findings The ABC agreed that an appropriate language warning should have been issued prior to the airing of the interview excerpts.

Triple J – Super Request 1 September 2006 The complaint A listener complained that the song ‘I Used To Love Her’, by heavy metal rock-rap group Body Count, was broadcast without warning listeners about the violent content of its lyrics. Findings

28 Although a warning was provided in relation to the strong language in the song’s lyrics, the ABC agreed that a more comprehensive warning regarding the violent nature of the track should have been provided.

(iii) Standards of Presentation

There were five upheld complaints regarding standards of presentation such as spelling and pronunciation, use of language, sound quality and personal presentation.

At the Movies website 28 June 2006 The complaint A viewer complained that in the transcript of the review of ‘Ten Canoes’, the word Aboriginal was not capitalised. Findings The ABC apologised to the complainant and the transcript was corrected.

7.00pm Television News 15 July 2006 The complaint A viewer complained that a news report had failed to adhere to the ABC’s preferred language for people with disabilities. Findings The ABC agreed, apologised to the complainant and discussed the matter with the reporter concerned.

ABC Online – Catapult & The Lab 10 & 22 August 2006 The complaint A website user wrote twice to point out that two items published on different parts of ABC Online did not adhere to ABC policies which require capitalisation of the word “Indigenous”. Findings The ABC apologised to the complainant and corrected the articles.

7.00pm Television News 8 September 2006 The complaint A viewer complained that a report referred to “handicapped” children, which the viewer considered to be an offensive term. Findings The ABC agreed that the wording of the report was inappropriate. The ABC apologised to the viewer and discussed the matter with the reporter concerned.

29 (iv) Corporate / Infrastructure

Complaints handling

During the three-month period there were six complaints upheld on matters relating to complaints handling. Of these, four complaints were also upheld on other grounds, and have been described in the previous sections. Two complaints were upheld solely because aspects of the ABC’s complaint handling procedures were not correctly followed. In one case, the program area responded directly to a complaint about an editorial issue, instead of referring the matter to Audience & Consumer Affairs for investigation. In the second case, a response was not provided to the complainant within the 60 day statutory timeframe.

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

During the period 1 July to 30 September 2006, the Complaints Review Executive (CRE) made determinations in relation to 13 matters. No complaints were upheld.

1. Misleading headline (1)

The CRE received a complaint about the headline ‘Two Israelis dead, one missing after Gaza raid’ published by ABC News Online on 25 June 2006. The complainant felt the headline implied Israel had launched the attack on Gaza and believed that a statement from the body of the report - that the attack took place ‘near the Gaza Strip’ - was meant to obscure the fact that the attack took place in Israel.

The CRE found the headline had been changed to ‘Two Israelis dead, one missing after Palestinian attack’ less than 24 hours after it was first published, following a call the complainant made to the newsroom. The CRE found the initial headline was not misleading, particularly when read with the opening line of the story. This complaint was not upheld.

2. Misleading headline (2)

An online news user complained about an article titled ‘Cured evangelist to be sentenced for sex abuse’ published on 30 June 2006. The complainant felt that by labelling the sex offender an evangelist, the ABC stereotyped all evangelists as child molesters.

The CRE reviewed publicly released court records and found that the accused had been described as an ‘evangelist’ and described himself as ‘cured’ of improper thoughts during proceedings. Based on this the CRE found the ABC’s report was accurate. The CRE did not agree that the article suggested that ‘evangelist is a synonym for sexual predator’ as claimed by the complainant, or that the headline stereotyped evangelists as child molesters. This complaint was not upheld.

3. Lack of impartiality in news report

A listener complained about an ABC Radio News item in which the reporter commented that the pending election of Prime Minister Mari Alkatari as Secretary-General of the Fretilin Party was out of step with the East Timorese people who wanted a change of leadership. The complainant questioned the ABC’s sources and claimed this ‘anti-Fretilin’ attitude was an example of media arrogance and misinformation.

The CRE noted that the reporter had talked with dozens of East Timorese who wanted change and this had been mentioned in the news item. The CRE also found relevant material, such as an ABC Asia Pacific interview with Jim Dunn, a former adviser to the UN mission in East Timor. He commented on the public’s desire for change in government leadership and the CRE regarded this as other evidence that the report was accurate. This complaint was not upheld.

31 4. Inappropriate sexual content in documentary

A viewer sought review of the ABC’s response to his complaint about a documentary - ‘Louis Malle in Camera’ - broadcast by ABC Television on 14 May. The complainant was disappointed and offended by a scene in the documentary that he described as ‘a young boy and his mother in bed engaged in what any viewer would describe as sexual behaviour.’ The complainant felt the scene ‘went beyond any code of decency’.

The CRE found that the documentary was about the life and work of French director, Louis Malle, and included scenes from his films. It was introduced with a warning that the program contained violence, nudity and adult themes and was classified ‘PG’. Scheduling of the documentary on a Sunday afternoon was also allowable as it was broadcast during a longer Arts feature. In light of this the CRE found the program was in keeping with the requirements of the ABC’s Code of Practice. The complaint was not upheld.

5. Misrepresentation and lack of balance in current affairs

A viewer contacted the CRE to complain about The 7.30 Report’s coverage of former Navy Officer Robyn Fahy. He suggested that the coverage had not been balanced, commented that he was ‘dismayed by the misrepresentation and deceit by Mark Bannerman and Kerry O’Brien in their manufacturing of the story…’ and pointed to parts of the items which he felt were inaccurate. The complainant also questioned why criticism of Ms Fahy had been removed from the 7.30 Report Guestbook, and said the response from Audience and Consumer Affairs was biased.

The CRE found that content highlighted by the complainant was not inaccurate and was supported by information gathered during research. The CRE confirmed that the Navy had been offered numerous opportunities to explain their side of the story, however they had declined, and therefore the program met the requirement to make every reasonable effort to achieve balance. The CRE found the material sent to the 7.30 Report Guestbook had been removed in line with the published guidelines that it will not publish ‘personal attacks or vilification of individuals’. The CRE found no evidence to support the claim that the story was manufactured or misrepresented. This complaint was not upheld.

6. Deplorable reference to the Prime Minister

A listener sought review of an interview on Radio National Breakfast between the presenter and Michelle Grattan, political editor of The Age. The complainant objected to the presenter likening the Prime Minister’s recent overseas travel to a ‘John Farnham’s farewell tour’. The complainant felt this ‘nationwide sneer at the PM’ was deplorable and questioned the presenter’s motives.

The CRE reviewed the item and found that ordinary listeners would have regarded the reference to ‘John Farnham farewell tours’ as a light-hearted aside and would not have regarded the comment as reflecting a critical comment on the Prime Minister’s overseas travel plans. This complaint was not upheld.

7. Misrepresentation of views and exploitation of children

32 The CRE was asked to review a complaint about an edition of Media Watch which included a story about Channel 9’s Today Show in which the winners of the ‘McDonalds player escort competition’ were featured. The complainant felt his family had been misrepresented and his children exploited. The complainant objected to the presenter describing his son as ‘besieged’.

The CRE found in accordance with the Code of Practice 5.1, Media Watch can be presented from a particular point of view. The CRE found the majority of the program was focused on the relationships between sponsors and the Today Show and the segments featuring the family were in context with the issues being raised. The CRE did not find any viewpoints to be misrepresented by the use of the word ‘besieged’. This complaint was not upheld.

8. Anti-Semitic references in film review

A listener complained about comments broadcast on Triple J on 1 June 2006. He objected to a movie reviewer’s suggestion that a character in the film X men 3 – The Last Stand, represented the Jews who ‘used to be oppressed, and now they are the oppressors’.

The CRE found as the film review was classified as Factual, it could be presented from a particular point of view. The CRE found that although the paraphrasing could have been clearer, a ‘reasonable’ listener would not automatically conclude the comment referred to all Jews. The comment was on the political tract underlying the film based on a comic book; it was not made as a statement of fact. This complaint was not upheld.

9. Lack of balance and impartiality in current affairs

A viewer sought review of his complaint about an item in Lateline on 2 August. The viewer felt that a report in the program was not balanced or impartial on the Middle East conflict, and that Tony Jones failed to challenge statements made by Dr Ahmed Fatfat, Interior Minister in the Lebanese Government.

The CRE found the interviewer put questions to Dr Fatfat in an appropriate and impartial tone. In response to the complainant’s objection to particular questions not being asked, the CRE stated it is not possible to explore every avenue in an interview. The CRE found that matters raised by the complainant had been covered in other News and Current Affairs output. This complaint was not upheld.

10. Lack of balance and dishonesty in current affairs

A listener sought review of his complaint about Mark Colvin’s interview with Dore Gold, President of the Jerusalem Centre of Public Affairs and former Israeli representative to the United Nations on PM of 29 June. The complainant felt the program was unbalanced as it had ‘two interviews from pro-Israeli speakers and no comment from the Palestinian point of view’. The listener also complained that he found Mark Colvin’s questions weak and that the report was ‘appalling dishonesty.’

33 The CRE found that not asking particular questions did not demonstrate a lack of balance and that some of the matters raised by the complainant had been referred to in other ABC current affairs programs. The CRE found the questions during the interview to be appropriate and not lacking in rigour. This complaint was not upheld

11. Personal insults in talkback program

A listener sought review of his complaint about Australia Talks Back presenter, Paul Barclay, during a talkback segment about Peter Costello’s future broadcast 12 June. He complained that the presenter allowed ‘crude personal insults to go to air without the least attempt to insist upon a decent address from callers.’ He considered the presenter to be politically biased and unfit to present the program.

The CRE found that while the caller’s language may have been distasteful to the complainant, it was in context with the issue being discussed and the presenter did not allow the call to continue or repeat the comment. The CRE found the presenter to take an impartial approach to presenting the program. This complaint was not upheld.

12. Inaccurate and misleading use of Russian language

A viewer sought review of her complaint about a Foreign Correspondent report titled ‘Estonia – Sex Tours’ broadcast on 11 June. The complainant felt the report ‘distorted the facts’ and was misleading by conducting interviews in Russian rather than Estonian or English.

The CRE found no claim by the program that the interviewees were Estonian or represented the wider community and did not regard the fact that the interviews were conducted in Russian to be evidence of a misleading report. The CRE felt that the report gave more insight to the country than just the subject of the story. The complaint was not upheld.

13. Misleading headline (3)

A news online reader sought review of his complaint about a headline ‘Drop Hezbollah from terrorist list: academic’, published by ABC News Online on 2 August. The complainant felt the reference to the word ‘academic’ was irrelevant and misleading as there was no mention of anything academic in the article. The complainant was also concerned about the ABC’s policy on labelling of groups in regard to how the terms ‘militant’ and ‘terrorist’ are used and gave examples from AM.

In reference to the complainant’s objection to the use of the word ‘militant’ as opposed to ‘terrorist’ in reports on AM the CRE found that as the reports were on a political issue rather than acts of terror, the use of ‘militant’ was appropriate. In regard to the complaint’s concern about the reference to the word ‘academic’ in an ABC News Online headline the CRE found that as Dr Ali has been an academic for forty years the use of ‘academic’ was a statement of fact and a ‘reasonable ordinary viewer’ would not conclude this was used to suggest findings of academic research. The complaint was not upheld.