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The Age of Consent: News, Crime and Public Debate

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The Age of Consent: News, Crime and Public Debate The Age of Consent: News, crime and public debate Claire Konkes, BA Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy (Journalism, Media and Communications) University of Tasmania October 2014 Abstract In 2009 in Hobart, Australia, a 12-year-old ward of the state was advertised in a metropolitan newspaper as an 18-year-old prostitute. The decision to only prosecute one of the 100-plus men estimated to have paid for sex with the child was a scandal that made national headlines. Sustained coverage over the next two years was notable for its representation of community outrage, which included allegations of a cover up involving the highest levels of government and the judiciary. This thesis is both an examination of the news coverage of the controversy and an attempt to theoretically understand the relationship between contemporary journalistic practice, representations of crime and mediatised controversy. Using a methodology that draws on content and frame analysis of news and other texts, and interviews with journalists and their sources, this study seeks to identify the point at which socially useful news coverage of complex legal matters tips into panic (McNair 2006). This investigation examines how Tasmanian media framed the coverage of this matter; how journalist-source relationship informed the coverage; and what journalistic practices and communications strategies contributed to the sense of confusion and distrust that informed the controversy. Its key findings demonstrate the extent to which ideas of news values are both fluid and an important factor in how journalists and their sources identify opportunities for newsmaking, that news coverage and news framing is significantly dependent on the sponsorship of sources, and that these relationships, combined with the communications strategies of government, the judiciary and other actors, contributed to the apparent politicisation and outrage. The capacity of journalism to contribute to democratic deliberation at a time of radical change is currently under scrutiny. The findings of this investigation provide a nuanced observation of the extent to which the source-journalist relationship determines the quality of reporting and public debate. Declaration of Originality This thesis contains no material which has been accepted for a degree or diploma by the University or any other institution, except by way of background information and duly acknowledged in the thesis, and to the best of my knowledge and belief no material previously published or written by another person except where due acknowledgement is made in the text of the thesis, nor does the thesis contain any material that infringes copyright. Authority of Access This thesis may be made available for loan and limited copying and communication in accordance with the Copyright Act 1968. Declaration of Ethical Conduct The research associated with this thesis abides by the international and Australian codes on human and animal experimentation, the guidelines by the Australian Government's Office of the Gene Technology Regulator and the rulings of the Safety, Ethics and Institutional Biosafety Committees of the University. Signed …………………………………………………… Date: ………………………… Acknowledgements I was very fortunate to have an excellent supervision team. Professor Libby Lester, University of Tasmania, first suggested I direct my curiosity into research, dismissed my uncertainties and supervised me with patience, insight and humour. This thesis would not started, much less finished, without her support. Professor Kate Warner, University of Tasmania, steered me through the legal straits with a glint in her eye and Dr Michelle Phillipov, University of Tasmania, provided both the attention to detail and well-chosen words of encouragement I needed, especially towards the end. A special thank you to the people who took the time to be interviewed for this project. Their willingness to speak with me about this important, but sensitive, matter and their overall support for this investigation is sincerely appreciated. Finally, I would like to thank my family, on both the Konkes and Bayley sides, who have supported me and this project and, in particular, Sam, Beatrix and Poppy Bayley. Your love and enthusiasm is wondrous. CONTENTS 1. Introduction ............................................................................................................... 1 1.1 The crime .............................................................................................................. 1 1.2 Research problems .............................................................................................. 9 1.3 Aims .................................................................................................................... 14 1.3.1 News representation and framing ........................................................... 15 1.3.2 Journalistic practice and news production ............................................. 16 1.3.3 Institutional practices and news production ......................................... 17 1.3.4 News and public outrage .......................................................................... 18 1.4 Scope ................................................................................................................... 19 1.4.1 Journalism, accountability and institutional decision-making ........... 19 1.4.2 Journalistic interest in child sexual abuse and exploitation ................. 20 1.4.3 A note on personal involvement .............................................................. 22 1.4.4 A note on referencing ................................................................................ 24 1.5 Structure ............................................................................................................. 24 2. Public Debate and News ........................................................................................ 27 2.1 Introduction ....................................................................................................... 27 2.2 Who are ‘the public’? ........................................................................................ 28 2.3 Journalism and the public ................................................................................ 34 2.3.1 News values ................................................................................................ 36 2.3.2 Media effects ............................................................................................... 37 2.3.3 News access ................................................................................................. 39 2.4 Journalism and social problems ...................................................................... 41 2.4.1 Moral panic and risk .................................................................................. 42 2.4.2 Visibility, controversy and scandal ......................................................... 45 2.4.3 Journalism and accountability ................................................................. 47 2.4.4 Public relations and imperfect knowledge ............................................. 48 2.4.5 Filling the gaps with conspiracy .............................................................. 51 2.5 Discussion: The social usefulness of news .................................................... 53 3. Children and News ................................................................................................ 57 3.1 Introduction ....................................................................................................... 57 3.2 The history of children as seducers ................................................................ 58 3.3 Contemporary debates about paedophilia .................................................... 63 3.4 Neither prostitution or assault: transactional sex ........................................ 70 3.5 Discussion: Child sexual exploitation and the news ................................... 75 4. Crime and News ..................................................................................................... 81 4.1 Introduction ....................................................................................................... 81 4.2 The sociology of morality and the law .......................................................... 81 4.3 Open Justice: The law, the public and journalists ........................................ 85 4.4 Controlling interest in crime ........................................................................... 89 4.5 Discussion: Sexual crimes and the news ....................................................... 93 5. Research Design ...................................................................................................... 99 5.1 Introduction ....................................................................................................... 99 5.2 Research aim .................................................................................................... 100 5.3 Research questions .......................................................................................... 101 5.4 Finding a suitable approach .......................................................................... 106 5.4.1 Choosing a Case Study ............................................................................ 107 5.4.2 Using a mixed methods approach ......................................................... 108 5.5 Approach and application ............................................................................
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