AUSTRALIAN Press Council Vol. 17, No. 2. May 2005 ISSN 1033-470X The Judiciary and the Press Richard Ackland’s 2005 Australian Press Council Address and Justice Ron Sackville’s response discussed the strained relations between the judiciary and the press. JACK R HERMAN reports on Ackland’s Address. Sackville’s response will be reported on next issue.

ichard Ackland, a journalist such as drunkenness, drowsiness, was “co-equal” in concept with Parliament specialising in reporting the law, depression, tardiness, rudeness are things and the executive; Chief Justice Gleeson R delivered the 2005 Australian that are quite acceptable in journalists, maybe said something was going to be done Press Council Address, Much Ado About even compulsory, but are out of bounds for about lawyers speaking out to the media; Nothing – the True State of the Judicature, judges.” Justice Sackville argued that the intensity on 31 March at a lunch in Sydney’s He referred to a number of recent cases of and degree of media attacks on judges is Swissotel. Justice Ron Sackville of the judges speaking out off the bench. He now much greater than used to be the Federal Court gave a response to the suggested that “the golden thread” running case; and Justice Kirby suggested that Address. The Address is an annual event, through the remarks was “the independence adequate resources for the courts and with the Council inviting a prominent adequate pay for the judges were factors speaker to present a talk related to the of the judiciary, its sacredness, its importance in the doctrine of judicial independence. freedom and the responsibility of the press. to the proper functioning of democracy and Previous Addresses have been delivered how it is under threat like never before.” Ackland’s most immediate response to all by NSW Chief Justice Jim Spigelman and Included in his purview were an interview of this was to say, ‘What on earth are they News Limited CEO John Hartigan. by the Chief Justice of Victoria Marilyn on about?’ Warren; a lengthy report of the farewell Ackland noted that, after reading a whole “Part of the problem, I believe, is that address by Justice John D. Phillips from the series of recently presented talks, judicial notions of independence have Court of Appeal; a Gold Coast speech from interviews and speeches from judges, he’d become inflated and have now assumed a Chief Justice Murray Gleeson (and eight come to the conclusion that the judiciary is proportion that is unrealistic and in fact one-on-one interviews he gave); a 7.30 as prone as any other interest group to never existed. “overstating its case, over-egging its Report interview by Justice Sackville; and “Far from judicial independence being pudding and claiming immunities, speeches by Justice Michael Kirby and the privileges and perquisites that are beyond Chief Justice of Queensland, Paul de Jersey. under attack from governments and the its due. “Apart from the threats to independence media, it has actually now more robust than it has ever been. “Contrary to popular belief, the media and the need for judges to be remote,” said does not pose a threat to judicial Ackland, “the other main topics were “In their shy, remote, supposedly independence by criticising these ambit governments not granting pay rises to judges unworldly way, judges have done a claims. in the face of findings by the Remuneration brilliant job at seeking to occupy expanded “In case it might be thought infra dig for a Tribunal and the evils of appointing acting new living space, in the name of journalist to be lecturing about judges I judges.” independence.” should preface these remarks by saying According to Ackland, Justice Phillips The speech then turned to the particulars that all the usual human shortcomings claimed that the Victorian Supreme Court of the judges’ concerns as expressed in

Conference: News Media and the Law Victoria University Law School, Melbourne, Thursday 23 June and Friday 24 June 2005 Debates and discussions on the future of the news media (newspapers v the Internet); new definitions of journalism (the rise of the blog); cross-media ownership; public broadcasting and the debate on democracy; legal developments affecting newsgathering; the use and abuse of defamation law; the impact of regulation and self-regulation on independence; access, including FoI and suppression orders. see page 11 for registration and inquiry details 2 Australian Press Council News, May 2005

the cited speeches and interviews. the newspapers in the courts when they seek a remedy for their On the appointment of Acting Judges in Victoria, which he saw hurt feelings.” as having a long history, Ackland argued that “What has happened “There have also been some excellent stories. The Daily Telegraph here is that self-interest has become conflated with constitutional had the news about Judge Dodd in the District Court falling asleep independence.” while sitting on a case. ... On judges’ pay: “Judges might think they are different, ultimately “The paper went on to publish a bold story with pictures of Jeff though they still have to compete for funds with all the other Shaw, Ian Dodd and Vince Bruce, captioned respectively, ‘drunk officers and agents of the Crown who provide services to the … drowsy … depressed’. ... public. By comparison with other professionals on the public “ had the story about the very slow Family Court purse judges are far from underpaid.” judge in Tasmania and the 66 judges who were between one and On the ‘revolutionary suggestion’ from Justice Phillips that State seven years behind lodging tax returns. courts are co-equal with government and parliament. “This is “Those were perfectly legitimate stories and for judges to say that bold grab to extend the concept of independence. they represent attacks on them is to suggest they should never be “To talk of State courts being co-equal, and that any threat to that criticised for drunkenness, slowness or being late with their tax.” co-equality undermines judicial independence, has to be bunkum.” And Ackland did not find the judges’ responses entirely convincing. Richard Ackland then turned to the question of “media attacks” He sees the judges as wanting to engage, but they don’t want to on judges, particularly the suggestion that the greater intensity engage too vigorously for fear of dimming ‘the blaze of glory’ that and degree of such attacks made life less attractive for judges. Justice Wilmot claimed in 1765 surrounds the courts. Among the examples he cited was a series of articles in The So is the media a danger to the judiciary and its claims of Australian before Christmas in which it was claimed the courts independence and to the delivery of justice itself? with the longest holidays have “the biggest criminal case stockpile”. (“In fact”, he said, “on a finalisation basis, the supreme court with Richard Ackland noted, “Whole rafts of law are designed to the shortest holidays, Western Australia, had a far lower rate of constrain media coverage in an attempt to protect the sanctity of finishing criminal cases than the court with among the longest the system. The boundaries are constantly being expanded.” He holidays, NSW.”) cited the latest effort urged upon the NSW government by the court: an extension of the normal protection of the identity of A number of other articles were also mentioned including The children in criminal proceedings to a prohibition on naming dead Australian’s articles on the Jeff Shaw case; and a couple of cases children. And judicial concerns that potentially prejudicial material where successful defamation cases have been mounted: the could be discovered by jurors on the Internet. Popovic case in which a Melbourne magistrate successfully sued the Herald-Sun for defamation arising from a column by Andrew “What [the judge] came up with was that the Crown in any Bolt, and Pat O’Shane’s successful suit against The Sydney pending case should ‘carry out searches on the Internet and, in the Morning Herald over a piece by its former right wing columnist event that prejudicial material is identified, to request any Janet Albrechtsen. (The appeal against the verdict of $220,000 Australian based website to remove it until the trial is completed.’ damages was reserved in the latter case at the time of the speech.) “This is a pretty serious challenge to the freedom to publish and Ackland saw “something unsettling about judicial officers claiming of course it leaves gapingly open the question of what to do about the high ground of remoteness while at the same time engaging websites viewable here that are hosted offshore.” Citing 2002 figures Ackland looked at the causes of trials being aborted: 43 per cent were due to the introduction of inadmissible evidence; twenty-one percent arose because of juror knowledge of a particular participant in the trial; eleven percent because of INSIDE THIS ISSUE some problems with witnesses; judges misdirections or mistakes accounted for four percent. Prejudicial publicity by the media: •Media and the courts 1 one percent. A report on the 2005 Annual Address “It would seem that everyone else is doing more to botch the • Press Council News 3 sanctity of the system than the journalists.” News and information about the News by email; He concluded, “Judges stressing about their status, authority and a new Council member; a re-affiliation; a perquisites is quite needless, as is the belief that the media is the guideline on payments; World Press Freedom Day; main threat to their privilege. the Annual Address; the Ballarat visit; submissions on court proceedings, ASIO, national security “The Judicial Commission should be beefed up to engage on these and Privileges; tobacco advertising; letters issues. Justice Sackville [and the Judicial Conference] is an to the editor; research and mediations. effective spokesman. The judges should come out of the cupboard.” • Press Council Adjudications 7 Rulings from February, March and May 2005. [The complete speech is available on the Press Council’s website. A report on Justice Sackville’s response will be carried in the • About the Council 12 August APC News.] Australian Press Council News, May 2005 3 NEWS

News by email Witness payments in trials From the August 2005 edition of the News, Press Council The Australian Press Council issues guideline statements from publications will sent by email to those who ask for delivery in time to time. These guidelines are, in essence, amplifications on that form. If you want the News sent direct to you (in pdf format) particular issues arising from the Council’s Statement of Principles. please send an email to [email protected] with subject The guidelines apply the Principles to the practice of reporting and line News by email and you will be placed on the direct email list. are intended to guide the press on how it should report certain matters. A list of the extant guidelines (and links to them) can be found on the Council’s website at http://www.presscouncil.org.au/ On the Council pcsite/activities/gprguide.html. In April, the Council issued a guideline on the payment of money At its May meeting, the Council appointed Leo White as the new to witness or potential witnesses. It recognised that, on occasion, Public Member from Queensland. Leo P.L. White, lawyer turned publications will pay sources to ensure that matters of public mediator, negotiation trainer and humanitarian worker, deals interest and concern that might not otherwise be published are with issues impacting on aboriginal people, refugees and the made available to readers and noted that there is legislation in resolution of conflict. His private company, Tulara Pty. Ltd., has most jurisdictions that restricts the ability of criminals or their sponsored communications and provided mediation and associates to benefit financially from their crimes. It said that negotiation training in the field for protagonists in armed conflict payment by media organisations to witnesses or potential witnesses and their political representatives in East Timor, Thailand, Papua might be seen as colouring their testimony and, therefore, urged New Guinea, Bougainville and Solomon Islands, with the support extreme caution. of local church and community leaders. He has been appointed The question did not arise as a concern until last year, when the for an initial three-year term. possibility of such a payment led to the cessation of a trial in NSW. As a result the Council was asked to look at the issue. MEAA The Council recognised the rarity of such instances, but recommended the following to publications: The Media Entertainment and Arts Alliance (MEAA), the union i No payment or offer of payment to a witness, or any person that represents among others journalists, has re-affiliated with the who may reasonably be expected to be called as a witness, Press Council as a Constituent Body, with its membership to should be made in any case once proceedings have commenced. commence on 1 July 2005. This should last until the proceedings have ended. This would When the Council was formed, in July 1976, it was by agreement normally be when the defendant has been freed unconditionally between the then Australian Journalists Association (AJA) and by police without charge or the proceedings are otherwise the publishers. The AJA was a Constituent Body until late 1986 discontinued; when a guilty plea has been made; or, in the when it withdrew from the Council over a dispute as to the way event of a not-guilty plea, the court has announced its verdict. in which the Council should react to a takeover of the Herald and ii Where proceedings have not yet commenced but are Weekly Times by News Limited. In the 1990s the AJA combined foreseeable, publications should not make or offer payment to with a number of other unions to form the MEAA and the AJA any person who may be expected to be called as a witness, section of the Alliance continues to deal with complaints about unless there is a significant public interest in the publication individual journalists who are members of the union through a of the material. They should also take all reasonable steps to series of Judiciary Committees in the various states. ensure no financial dealings influence the evidence those The Alliance and the Council have been negotiating for some witnesses give. In no circumstances should such payment be time about the terms of its re-affiliation and agreement was conditional on the outcome of a trial. reached earlier this year. The Alliance will provide one member iii Any payment or offer of payment made to a person later cited of the Council in the first instance, and this member will be in to give evidence in proceedings should be disclosed to the addition to the 21 current members of the Council. After a couple prosecution and defence. The source should be advised of this of years the Council and the Alliance will discuss whether the possibility before the payment, or offer of payment, is made. current system of appointing independent journalist members will be retained or whether additional members of the Council will be appointed by the Alliance. World Press Freedom Day 2005 The re-affiliation of the Alliance ensures that the Press Council represents the entire print media industry and will strengthen its On 3 May, the Council issued a statement to mark World Press position when making submissions to governments and other Freedom Day. bodies as an independent body representing the print media and The Australian press continues to face significant challenges in the public. its efforts to keep the Australian public informed of important 4 Australian Press Council News, May 2005 matters. As the rest of the world marks World Press Freedom Day, Annual Address 2005 May 3, by drawing attention to the increasing murder, detention, torture and arrest of journalists, the Press Council believes the Media commentator Richard Ackland delivered the third Press ever-increasing, if less overtly violent, attacks on press freedom Council Address at a media lunch on Thursday 31 March 2005. in Australia should not go unnoticed. The Address looked at the vexed relationship between judges and The Council calls on Australian governments to recognise its journalists and why they seem to have difficulties understanding Charter of a Free Press as a basis for maintaining a spirited and each other. Justice Ron Sackville, the Chairman of the Judicial free press in Australia. Conference of Australia (JCA), responded to the Address and led the question/discussion period to follow. The Charter is based on Australia’s endorsement of Article 19 of The Universal Declaration of Human Rights, the right to the free A report on the Address is contained in this issue of the News. A report on the response will be published next issue. flow of information to enable news and opinion of public interest to be freely available to the citizens of Australia. The 2005 Annual Address was delivered at a lunch, hosted by the Council, at the Swissotel, Market Street, Sydney. Yet, in the courts and the parliaments, assaults on the ability of journalists to report, and publishers to publish, information in the public interest remain constant. Visit to Ballarat Australian journalists can face criminal charges and jail terms for obtaining information. They are offered no protection as journalists. In early May, the Council visited Ballarat and held its regular The public as a consequence can be denied significant information meetings there. While in the city, the Council conducted a public about the performance of their government in times when meeting on the question of privacy and Press, with Age editor Australia’s place in the world has reached significant prominence. Andrew Jaspan and Victorian Privacy Commissioner Paul As the Australian Government’s policies emphasise the benefits Chadwick delivering the keynote addresses. A report of the of the spread of democratic ideals in the Asia-Pacific region, and seminar will be published in the August APC News and a wider, the Press Council notes that there remains a number of transcript of the seminar will be published by the Council. While growing threats to what most Australians would regard as essential: in Ballarat, some members of the Council met with Courier editor a free and vigorous Australian press. Peter Dwyer, visited the newsroom and took the opportunity to sit in on the paper’s editorial conference. While it normally meets in While some of those ‘threats’ arise from a understandable desire Sydney, the Council visits a capital city or regional centre to protect Australians from the possibility of terrorist attacks, the elsewhere in Austrralia at least once a year. Press Council seeks to ensure that any actions taken by governments which restrict freedoms be limited to those absolutely necessary, and that such restrictions be for a limited duration to forestall any Criminal proceedings on-going denial of the traditional freedom of speech, and of the press. The Australian Press Council made a submission to the NSW Other contemporary threats to the freedom of the press to report Attorney-General on the Criminal Procedure Further Amendment on matters of public interest and concern arise from excessive (Evidence) Bill 2005 and on recent amendments to the Children secrecy and from ‘spin-doctoring’, which has spread from politics (Criminal Proceedings) Act 1987 (NSW). The former would, into all aspects of Australian life. among other things, automatically close courts when victims of sexual assaults were giving evidence; the latter would preclude The Press Council believes that information on matters of public the publication of images of minors who were the victim of crime interest should be freely available unless there are very good even after their death. reasons otherwise; the onus must be on those who want to suppress information to demonstrate a need so to do. If information The submission argued that: were more freely available, there would be a lessened ability for • The proposed amendment to section 291 of the Criminal those with questionable motives to ‘spin’ it for their own benefit. Procedure Act 1986 should be reworded so that courts would In its role as the self-regulatory body of the print media, the Press retain a discretion as to whether or not to proceed in camera. Council seeks to ensure that the Australian press is responsible in •S 281F should make a distinction between images that are the way it reports and is fair, as far as is possible, to all parties obscene or that portray deceased persons and those which are involved. It recognizes that a free press is constantly under threat, not indecent but which do invade a person’s privacy. The act sometimes from violence or, as is more often the case in Australia, should clearly define what constitutes an interference with a from the more stealthy approach of governments, corporations person’s privacy, and the media should not be excluded from and courts. It must guard against all such threats, but it must also access to images unless it is clearly established that those guard against any form of exclusivity within itself. A free press images would constitute an invasion of privacy. must to open to all points of view, anything less is a step in the •S 11 of the Children (Criminal Proceedings) Act 1987 should direction of lost freedom. grant the courts some discretion as to whether a deceased The freedom of the press is the freedom of the people to be person who was a minor at the time of a sexual assault can be informed. Only a free, and a responsible, press can serve the needs identified by the media. of a democracy in keeping citizens informed on matters of public The complete submission has been posted to the Council’s concern. website. The Charter for a free press can be found on the Council’s website As a result of the submission, and even stronger suggestions from at: http://www.pressouncil.org.au/pcsite/fop/charter.html publishers, the Attorney has agreed to amend the Criminal Australian Press Council News, May 2005 5

Procedure Further Amendment (Evidence) Bill 2005 to enable improper purpose. the media fairly to report the evidence of victims of sexual assault • The media should be given standing to make representations even if they were not able to be present in the court. to the court as to whether a hearing should proceed in camera. •A sunset clause should be inserted into the Act. ASIO Review • There should be no extension of the power to make regulations without the scrutiny of parliament. In April, the Council made a submission to a joint Parliamentary The complete submission has been posted to the Council’s Committee reviewing the ASIO Act. The submission’s Executive website. Summary read: Division three of part III of the Australian Security Intelligence Organisation Act 1979 poses a threat to freedom of speech and Privileges has a significant potential to obstruct the ability of the media to ensure that government agencies are held to public account for In May there was a Submission from the Council to the Senate their actions. The Australian Press Council calls on the government Committee of Privileges on its review of unauthorised disclosures to allow division three of part III to lapse in accordance with s 34Y from parliamentary committees. of the Act. If the government is unwilling to abolish division In March and May 2003, the Chairman of the Council, Professor three, the Australian Press Council calls on the government to Ken McKinnon, in letters to the then Chair of the Senate Committee make the following amendments be made to the legislation: of Privileges, Senator Robert Ray, made the points that the Senate 1.Section 34G should be amended so as to remove from the has little ability to stop unauthorised leaks from committees, and defence the onus proof and to place upon the prosecution the that the leakers are, in almost all cases, members of the relevant onus of proving that a defendant does or did have information committee. (These letters and Senator Ray’s responses were in his/her possession. published in Annual Report No. 27 and formed the basis for a 2.The strict liability provisions should be removed from sections report from the Senate Committee of Privileges.) 34G and s 34VAA. The Council noted in its submission that, two years later, the 3.The definition of “operational information” in s 34VAA(5) Committee of Privileges appears to recognise the futility of should be narrowed so that the only information which is classing all unauthorised disclosures as contempts and now is protected from disclosure is that which would pose a significant attempting to distinguish those disclosures that may interfere threat to Australia’s security or defence. with the work of committees from those that do not. 4.Section 34VAA (5) should be amended so that a penalty can The Council argued that the committee needed to make one only be imposed where disclosure would result in a threat to important distinction. In determining what, if any, disclosure national security. interferes with the working of committees or of the Senate, it needs to distinguish the leak itself from the publication of the 5.Section 34VAA(2) should be deleted or amended so that the leak. prohibition on disclosure ceases when the operation to which the warrant relates has been concluded. It also said that there is no indication that the Senate will take the appropriate action to find the culprit. In lieu the Senate and its 6.Section 34VAA(12) should be expanded to include defences committees have taken the easy course of shooting the messenger, for disclosing information where the public interest in disclosure the press, rather than finding ways of disciplining Senators or outweighs any threat to national security. finding ways of discovering and closing the source of the leaks. The complete submission has been posted to the Council’s “Has the Committee of Privileges considered adopting powers to website. check the hard drives and telephone records (including mobiles) The Council’s Chairman will appear before the Joint Committee of committee members and staff when there has been a leak? Has on 6 June to present oral evidence to the review. it considered the same kind of courses for Senators that it urges on Heads of Commonwealth departments and authorities and on editors and journalists?” the Council asked. National Security The complete submission has been posted to the Council’s Also in April the Council made a submission to the Australian website. Senate Legal and Constitutional Committee’s Inquiry into the The Council’s Executive Secretary appeared before the Committee National Security Information Legislation Bill 2005. The on 3 May to present oral evidence to the inquiry. submission’s Executive Summary read: The National Security Information (Criminal Proceedings) Act 2004 presents a threat to freedom of the press in Australia. The Tobacco Ads National Security Information Legislation Bill 2005 would extend In October 2003 the Council made a submission to the federal that threat. The Australian Press Council is of the view that the Senate should amend this bill so as to reduce the potential of the Department of Health and Ageing on its Review of the Tobacco Act to limit freedom of speech. Advertising Prohibition Act 1992. The Council’s principal concern was with any attempt to widen the definition of ‘advertising’ in • The definition of national security is too broad and should be the Act to encompass material that is neither advertising nor narrowed. promotional. It was concerned that the Department’s issues paper • It should be an offence to issue certificates under the Act for an failed to recognise that there is a distinction between advertising 6 Australian Press Council News, May 2005

and editorial content and the possibility that it sought to intrude forum in Sydney in February that his organisation had seconded into the reporting of, and commentary on, matters of public Griffith University journalism academic Jacqui Ewart for three interest and concern, while purportedly dealing with advertising. years to undertake readership research for the group. In May 2005, the department informed the Council that the Industry, government and private partnerships with academics in review “concluded that the Act is currently working well to recent years have funded investigations into such topics as public protect the Australian public from advertising messages and the journalism, sources of news, newsroom trauma and the coverage gains made by making amendments to the Act would be of age, mental illness and suicide. insignificant. As a result, the Government does not intend changing What follows is a selection of recent research, drawn mainly from the Act at this time.” reports in two of the nation’s key scholarly journals in the area, Australian Journalism Review published by the Journalism Education Association, and Australian Studies in Journalism, Dating letters published by the University of Queensland. At its May meeting the Council considered a letter from Geoff • Postdoctoral research fellow at the University of Queensland, Woods of Deloraine in Tasmania. He hoped that the Council Shuang Liu, analysed 857 articles from four Australian would develop a guideline on a standard practice for newspapers. newspapers to examine the social categorization of Chinese He was concerned that, with some letters being sent by email ethnic groups. The researcher found an over-representation of published almost immediately and others being sent by mail and ordinary Chinese as “illegal immigrants”, suggesting the press published some days after writing, newspapers did not, as a matter might look more closely at its stereotypical representation of of course, inform readers of the date on which letters were written. ethnic groups if it is aiming to win readership from such He wrote to the editor of his local paper: audiences. “A letter of mine recently took 16 days to appear, by which time • James Cook University researcher John Cokley undertook a much more had been said on the topic, and opinions, even mine, project in conjunction with a north Queensland college servicing had changed somewhat. I would like to request that your paper indigenous students, using a “scaffolding literacy” program that please put on each letter to the editor the date of receipt of the date used journalism to improve literacy skills. The students’ work of writing. was broadcast to indigenous communities, improving social links in the process. “Because it is quite important for all correspondence to the press, I am sending a copy of this to the Press Council asking that they • An extensive study of newspaper obituary columns conducted make it a standard for all Australian newspapers.” by Nigel Starck of the University of South Australia found women outnumbered by a ratio of four to one. Newspapers The Council decided against issuing a guideline on the matter, seeking to appear more accessible to female readers might believing that such a question was one best left to the editor of any look to correct such discrepancies. newspaper, but agreed to publish this extract from Mr Woods’ letter so that the issue could be brought to the attention of editors, • An undergraduate student and professor at Bond University and of newsrooms, as a matter for discussion. worked to develop a web-based, step-by-step defamation checklist for use by working journalists and students. It is due for launch in 2005. Research •A University of Queensland study of the readability levels of articles in three newspapers over a 30-year period found a The Council met last year with researchers in a number of areas national daily and a metropolitan daily pitched stories at a of interest to the Council. Emerging from that was a decision to reading level above that of the average citizen, while a regional initiate a new Research Grant available to researchers in Australian daily was closer to the general public’s reading standard. The universities to provide funds that would enable them to develop difference stood to alienate some readers from newspapers in more detailed proposals for an Australian Research Council an era of declining circulations. grant. The Council decided in March that the inaugural grant would be awarded to Professor Mark Pearson of Bond University. • University of South Australia researcher Akhteruz Zaman He has received a grant of $5,000 for research on the press and conducted an ethnographic study of the ABC newsroom in privacy, and the Council will publish in the newsletter and on the and found a tendency among journalists to use each website the outcomes of the pilot study he has undertaken. other as sources, but disagreement over whether this was a good or bad practice. Another outcome was an agreement that the Council would publicise through the newsletter relevant, current research being •A joint Griffith University and James Cook University study of carried out in universities. On behalf of the Journalism Education the sources used in an independent community newspaper Association, Professor Mark Pearson, head of journalism at Bond found normally under-represented groups were being given a University, has provided the Council with a summary of research voice, defying traditional journalistic sourcing routines and in journalism departments. practices. • Newspaper historians Rod Kirkpatrick and Helen Ester, in Journalism educators throughout Australia are conducting practical separate studies, trawled through documents and microfiche to research with benefits to industry. demonstrate how much there is to learn from the pioneering For example, the editor-in-chief of APN News and Media, Terry editors of Australian newspapers. Quinn, announced at the Commonwealth Press Union editors’ [continued page 12] Australian Press Council News, May 2005 7

PRESS COUNCIL ADJUDICATIONS

John Howard accused Mr Latham of “either coercion is advocated in the policies); Adjudication No. 1268 deliberate deception or monumental ignorance • existence of policies to keep out business of his own party’s policy”. immigrants, introduce taxes on family The Press Council has dismissed a Mr Harden complained that the “front page homes, drive farmers from their land and complaint from Jerry Cornford about an headlines and related copy” were a “clear reduce infrastructure to 1995 levels (no article, editorials and editorial comment abuse of this newspaper’s responsibility to such policies exists, Sen. Brown says); in the Daily News, Tweed Heads, relating present news in an honest and unbiased and to a proposed development at Cabarita manner”. •a desire to cut the population by 2 million Beach. He said that the article breached Press Council (Sen. Brown says there is no such policy Mr Cornford contended that the coverage of principles relating to the clear distinction and the claim is based on a Liberal Party the matter breached Press Council principles between fact and opinion and the need for paper). in that it was biased in favour of development fairness and balance. Additionally, regarding the headline on the and contained deliberate misstatements of A large part of the complaint concerned the article, Sen. Brown said that it was fact. interpretation of the words ‘tax’ and ‘levy’ ‘manifestly wrong’ and that Greens policy The newspaper responded by saying that with Mr Harden claiming that they were not was a call for ‘a study of options’. Mr Cornford’s allegations were selective identical terms. Given the sweeping and unqualified nature and pointed to a very large number of letters In rejecting that it misrepresented the issue the of the claims, the newspaper ought to have published that covered facets of the newspaper claimed that the article’s checked the veracity and currency of the objections to the development. interpretation of the similarity of the terms policy claims. Prior to the publication of the Any objective assessment of the totality of was valid. It also stated: “While Mr Howard article, the reporter rang Sen. Brown’s office material published clearly demonstrates that does not use the words ‘caught out’ his asking for the Greens’ policies. He was both sides of the story were placed before comments make it clear that he believes Mr informed ‘that all current policies were the public. Latham was either lying or did not understand available on the website’. There is evidence The correctness or otherwise of assertions his own policy on taxation”. that, as well as any use made of the Party’s made about ALP support for a councillor The newspaper supported the reporter’s website in writing the article, the reporter and covenants over land are not matters interpretation of the issue and described the preferred other statements of Greens’ which Council can determine. However, it headline as “perfectly reasonable”. policies, some erroneous and hostile to the Greens. notes that both sides of the dispute over facts The Press Council does not believe that the were published. article breached its principles. In the context of an approaching election, the potential damage was considerable. The Adjudication No. 1269 actual electoral impact cannot be known but Adjudication No. 1270 readers were seriously misled. On the day of publication, Senator Brown addressed The Australian Press Council has his concerns with the article to the bylined dismissed a complaint from Trevor The Press Council has upheld a complaint journalist during a press conference, but no Harden against The Advertiser, Adelaide, by Senator Bob Brown against The Herald redress was forthcoming. In fact, a follow- about an article by Chief Political Sun, Melbourne, for an article, headed up article, published the next day, was Reporter Paul Starick which was Greens back illegal drugs, published on 31 described by Sen. Brown as “derogatory”. published on its front page at the start of August 2004 in the lead-up to the 2004 An article by Sen. Brown, which responded the 2004 federal election campaign. federal election. to some points in the 31 August article, as Headlined Caught out with a sub-heading The Council views this article as irresponsible well as comments by Treasurer Costello in Latham falters on first day with tax gaffe the journalism. a subsequent article, was published by the article reported a radio interview in which In the article a number of false claims were paper a month later. Mark Latham was questioned about any made about Greens Party policies. The article The claims made in the original article were plans the ALP had for a payroll tax. Mr was accompanied by a graphic entitled ‘What seriously inaccurate and breached the Latham denied that any such plan existed. they stand for’. The graphic listed 20 broad Council’s guiding principles of checking The article went on to state that three weeks proposals claimed to be advocated by the the accuracy of what is reported, taking earlier Labor had released a workplace policy Greens. prompt measures to counter the effects of document describing an employee Sen. Brown said a number of claims made by harmfully inaccurate reporting, ensuring that entitlements scheme which would be the paper in the article or graphic were wrong, the facts are not distorted, and being fair and “funded by a levy of 0.1 per cent of payroll including: balanced in reports on matters of public concern. for businesses with more than 20 • an alleged policy of a 33% hike in company employees”. tax to at least 49 cents in the dollar (which Mr Latham said that a levy was not the same did not reflect current Greens policy); as a tax, although he failed to clarify the • suggestions that people would be forced to difference. ride bicycles more often and eat less meat In a subsequent joint press conference with and business people to use alternatives such Treasurer , Prime Minister as rail, boat and teleconferencing (no 8 Australian Press Council News, May 2005

Adjudication No. 1271 space in the op-ed section and an apology to councillors that “local Satanists” were active the staff and community”. The paper in the region and attempting to set up a place reasonably rejected the demands. of worship. The councillors had reportedly The Press Council has dismissed a issued a press release claiming that a “Satanic complaint against The Toowoomba cult is trying to attack and take over Casey Chronicle over an editorial about a reader Adjudication No. 1272 Council”. The legal action, by the Pagan who had written a letter to the paper. Awareness Network, had arisen from those The editorial was published two days before The Press Council has dismissed a complaint actions. the writer’s letter itself was published, but it by Adrian Sowton against the Maroondah The newspapers say that their journalist had pointed to the forthcoming information and Journal, a suburban newspaper in not attended the local council meeting in it gave a reasonable, short summary of what Melbourne. Mr Sowton’s complaint has October 2004 but had spoken by phone to Cr the reader had to say. The editorial was two concerns: one is the publication of a Oates before the publication of the 26/27 critical, but the tone was semi-jocular under letter from Andrew Conway in a response to October article. They say that he had not the headline Get a hobby, Hugh. an original letter from Mr Sowton, the other mentioned the withdrawal of the legal action The reader, Hugh Wilson, objected in his is the Journal’s refusal to publish a second to the journalist and “had he done so, that letter to the paper launching what it called letter from Mr Sowton correcting what he would have been the thrust of the story”. “No-Whinge Week” in its letter page. The sees as inaccuracies in Mr Conway’s letter. The Press Council is in no position to judge editor had earlier announced the ‘event’ in Mr Sowton claims that his reputation has been the claims and counter-claims of who said an editorial which in fact whinged about impugned by Mr Conway’s letter and requests what to whom, or when they said it. However, whingeing, called for “a week off” in the correction. when the newspapers were made aware by letters page, and urged more positive The Maroondah Journal declined to publish Cr Oates in a phone call of 27 October that thinking. Mr Sowton’s second letter because it believes the legal action had ended, they took the To that end the paper printed posters with both parties had their say and that it was of no opportunity in the next available edition to the message “Whinge Free Zone”, obtained further interest to the public to continue inform their readers of the fact, promptly the support of several organisations, detailing an escalating personal dispute based and with appropriate prominence, as required including the local council and a bank, which in political antagonisms leading up to a federal by Press Council principles. each gave $200 for their logos on the posters. election. In doing so they met any concerns that may The donations, plus $5 charged for each The Press Council has always agreed that the have arisen from the original article and poster sold, went to the Salvation Army. selection of the content for the highly sought- provided Cr Oates with balance. Mr Wilson is clearly a keen observer of the after Letters pages is an exercise in proper political scene at all levels and has frequently editorial decision and discretion. It is satisfied written letters to the paper, and at one stage that the Maroondah Journal acted with due Adjudication No. 1274 he produced five or six articles of local editorial discretion in not wanting to pursue interest. He has a record of public service in this matter. The Australian Press Council has school committees and Trades Hall groups, dismissed a complaint that criticised a and has run for political office. lack of balance and inaccuracies in a In his letter, he saw “No-Whinge Week” as Adjudication No. 1273 Daily Telegraph article reporting the an abrogation of the newspaper’s role as the response of a Sydney developer, Harry Triguboff, to a fire rectification order for community’s watchdog, particularly as he The Australian Press Council has dismissed the Millennium Tower complex. sees the paper as a local monopoly. He a complaint from Cr Brian Oates, Deputy described the event as a “blue pencil scheme” Mayor of the City of Casey, against the The report said that Mr Triguboff’s Meriton sponsored by corporations with an interest Cranbourne Leader and the Berwick/ company faced a fire rectification order that in “suppressing criticism”; it was not, he Pakenham Leader, two suburban ‘could cost it $500,000’. It went on to detail wrote, the media’s role to “induce and newspapers published by the same company Mr Triguboff’s criticism of aspects of the promote torpor”. in Melbourne. The complaint alleges that Building Code of Australia, as well as his In reply, the paper’s editor, Jason Purdie, the newspapers published material about proposal to simulate an apartment fire ‘in a describes Mr Wilson as a public figure, and Cr Oates that contained material the bid to prove the Millennium Tower order the paper’s most prolific letter writer who newspapers knew, or should have known, was not needed’. was given ready access to the editor’s was untrue. The complainant, an owner of an apartment column. The editorial was not a “vicious The articles, published on 26 October 2004 in in the Millennium Tower, said that the attack”, and the Get a hobby, Hugh headline the Berwick Leader and 27 October in the reporter had failed to check Mr Triguboff’s was drawn from “a vernacular that is both Cranbourne paper, arose from comments made account of the matter against numerous light-hearted and tongue-in-cheek”. The by Cr Oates at a City of Casey council meeting official documents, nor had the reporter ban on whingeing applied only to the letters which blamed the media for beating up a story sought responses or advice from any page. The editor saw no substance in the about a religious vilification lawsuit against apartment owners or their representatives. complaint and thus no need to accept the call him and a fellow councillor. He says that, at According to the complainant, the for space to answer. the time of the publication of the articles, the rectification order had been issued to the The Press Council believes that, whatever newspapers were aware that the lawsuit had apartment owners, and that costs had been the value or otherwise in the “No-Whinge been withdrawn. In separate articles published independently assessed at over two million Week”, the complainant took the whole the next week, both newspapers noted the dollars. matter too seriously; the paper was not as withdrawal of the vilification complaint but The Press Council regards the article as a critical of Mr Wilson as he was of the paper also detailed the substantial costs to ratepayers newsworthy account of a developer itself. Mr Wilson did not seek the publication involved in defending the action. proposing dramatic action to support his of a letter in reply at the normal 200-word There had been earlier articles published in views that certain aspects of the Building length, but rather “an explanation, 500 words June 2003 about allegations made by the Code related to fire safety guidelines were Australian Press Council News, May 2005 9

unnecessary. It was not an article focussing complainants that all parents had been on the concerns or actions of apartment Adjudication No. 1276 smeared by the publication, and that the owners related to fire rectification costs. As article was based on unidentified sources. the thrust of the article addressed Mr The Australian Press Council has upheld a Newspapers frequently publish anonymous Triguboff’s criticisms of certain BCA complaint against The Independent Weekly, letters or comment from parents of abused guidelines and his bid to support his claims Adelaide, from the parents of two children children without identifying either the by a practical demonstration, the Press who had been sexually abused. parents or their children. Normally the Council believes that the journalist was not In November 2004 The Independent Weekly newspapers say that the names of such obliged to seek apartment owners’ views. published a page one article concerning payouts parents have been withheld for legal reasons. On the matter of the estimated cost of by the Catholic Church of Adelaide to children rectifying alleged fire safety inadequacies, In this instance the Council believes The sexually abused by a school bus driver. Mr Triguboff was entitled to offer his opinion Independent Weekly could have acted in as to the likely costs his company might Under the heading - The parents who abuse this way and, to the extent that it did not, and incur. sex payouts - the article said that a proportion an unbalanced article was thus published, of the $2.1million paid by the church was the complaint is upheld. The complainant said that an approach to known to have been spent by some families on engage the reporter in a discussion about the swimming pools, to finance overseas trips and article was unsuccessful. Attempts by the as lump sum mortgage repayments. Cheques Press Council to elicit a response from the Adjudication No. 1277 were handed over to families and the church Daily Telegraph also proved fruitless. In did not set in place a mechanism to ensure the failing to respond to direct communications money was spent or invested for the benefit of The Australian Press Council has seeking a response to, and resolution of, the the victims. dismissed a complaint by John Barry complaint, the Daily Telegraph has acted over an article published on the front against the standards of accepted practice The parents of two victims of the sexual abuse page of the Herald Sun newspaper, Car for dealing with complaints. complained that the tone of the article smeared Boot Mystery: Mum’s Link To Sex Site on every parent who received a payment from the 15 February 2005. The article was part of church and no public interest or benefit had a continuing story on the disappearance Adjudication No. 1275 been served. of Maria Korp, of Mickleham, on 9 The parents also questioned the lack of sources February and the discovery four days for some of the statements in the article and later of the missing woman unconscious The Press Council has upheld in part a claimed it was malicious, misleading, in the boot of her car. Mrs Korp had been complaint from Laurie Vella arising from judgmental, unsubstantiated and intrusive of taken to Alfred Hospital in a critical an article Madison’s the true Karate Kid the relationships and financial affairs of all condition. (The Blacktown Advocate, 8 December families who received money from the church. 2004) and a subsequent clarification to The following day the Herald Sun’s front- this story (The Blacktown Advocate, 2 They claimed that no reasonable steps were page story reported that Mrs Korp and her February 2005). taken to ensure the accuracy of the article, no husband Joe belonged to an Internet statement from any parent appeared and indeed swingers’ site through which members seek The article referred to “Richard and Wayne that the newspaper had not contacted any other couples for sexual liaisons. The article Holdstock”, instructors at the Goju Ryu parent. Had such contact been made a more reported that police were “investigating the Bushido Karate Academy (Madison’s balanced report may have appeared. swingers site in a bid to solve the woman’s instructors), as a father-son combination. mystery disappearance”. Wayne’s surname is actually Vella, and the In its response the newspaper said that neither complainant is his father. complainant actually stated that the article In his complaint, Mr Barry argued that the was wrong and that sources, contacted for the article was “sensationalist journalism”. He The complainant states that as a proud father article, had provided information that was said it was an invasion of Mrs Korp’s privacy he was “horrified” by reference in the article. used. according to the Australian Press Council’s The Blacktown Advocate accepted that there In addition, the newspaper published three principle that news should be presented was an error in the article and printed a letters highly critical of the article in its next with respect for the privacy and sensibilities clarification to inform readers that Wayne’s edition, directly addressing the issue of whether of individuals. family name is Vella. The complainant the newspaper was entitled to criticise the The Press Council notes that the Korps’ feels the clarification does not go far enough parents’ use of the money. entry on the swingers’ website was readily to explain that Wayne and Richard are not accessible and, therefore, in the public father and son, and that Laurie Vella is The newspaper said that to quote a parent in the story, to identify any family in any way or domain. The Herald Sun’s article reported Wayne’s father. While the initial surname on a police investigation into a possible link inaccuracy was corrected, the newspaper to publish a letter of complaint from any parent would have been in breach of provisions between the swingers’ site and Mrs Korp’s could easily, and should have, dealt with the disappearance. father’s other concern. It is regrettable that of the South Australian Evidence Act. the newspaper did not make the additional The Press Council believes that the publication As the Council’s principles note, “The right effort to meet the complainant’s reasonable of the article was in the public interest. to privacy should not prevent publication of concerns. And to the extent that it did not, However the Council also believes that parents matters of public record or obvious or the complaint is upheld. of the children could have been contacted for significant public interest”. The publication comment to ensure the article was balanced was clearly of matters of public record and fair. Because the newspaper was published in the public interest. highlighting the apparently unusual use of the church money, efforts should have been made to contact those parents who had allegedly used the money in this way. This would have avoided the belief of the 10 Australian Press Council News, May 2005

acknowledged that the article was ‘robustly philosophy’’, that his views were distorted, Adjudication No. 1278 critical’ of his views. The complainant has that his published letter was edited, and that published his views in The Sydney Morning the paper had not redressed the harm to his The Australian Press Council has Herald Opinion page, his own website and in reputation which flowed from publication dismissed a complaint brought by Tony a speech in Sydney. He has entered into public of the Handley letter. debate and therefore it is not unreasonable that Kevin against The Australian arising from The paper said that the article of 26 August his argument could be ‘taken to task by a an article published on the Opinion page was a fair representation of the interview columnist in another paper’. The prompt and from the editing of a letter in response and that there was no attempt to manufacture publication of his letter, in an edited form, was to it. controversy. It said the letters to the editor a reasonable response by the newspaper. The The Australian newspaper published in its were published in the opinion section and complaint that the editing down of the letter 24 November 2004 edition an opinion piece ‘’our readers will form their own views as to was in violation of an alleged agreement by written by the columnist, Janet Albrechtsen, whether those opinion are valid or the newspaper to publish the submitted letter and entitled Knee-jerk judgements. otherwise.’’ It added that it could find no in its exact form is not tenable. The Council record of Mr Riethmuller’s letter to the The article sought to counter the claim that has made it clear that newspapers have a right newspaper of 12 September that called for the US-led attack on Fallujah was a war to edit a letter provided that such editing does redress. crime. It also highlighted perceived not change the meaning or tenor of the letter. inadequacies of the international law regime The Press Council has no way of knowing in the current climate of terrorism. whether the 26 August article was a fair Specific reference was made to the claim of Adjudication No. 1279 representation of the interview, and war crime in an opinion article written by considers the publication of Mr the complainant, Tony Kevin, which was Riethmuller’s letter in answer to Mr Kucks’ published in another newspaper (The Sydney The Press Council has upheld in part a letter to be an adequate response. The Morning Herald) and his further statement complaint from Neil Riethmuller about a Council can find no evidence in the proffered that Australia, for having soldiers in Iraq, number of issues that initially arose from material of any attempt by the paper to was morally complicit in these war crimes. an article in the Chronicle, Toowoomba, of ‘’manufacture’’ a controversy, nor of any The Albrechtsen article also contained the 25 August 2004. ‘’militarist philosophy’’ within the following: Last August, a Vietnam War Memorial was Chronicle. “This will be no neat, surgical strike,” Kevin dedicated in Toowoomba. The unveiling of The Council does, however, believe that the wrote. “To get the measure of this, think of the plaque was covered in the Chronicle on 19 publication of the Handley letter, without the Warsaw rising in 1944, or the Russian August and on 26 August the paper ran an verification of the serious claims made within army’s destruction of the Chechen capital, article, together with a picture, about Mr it and without any attempt to allow a reply Grozny.” Riethmuller, who apparently has some by Mr Riethmuller, to be a serious breach of prominence in the local area as what the paper the Council’s guidelines. The columnist described the war crime claim calls ‘’an anti-Vietnam War campaigner’’. A While letters to the editor, and opinion pages as ‘grotesque’. The comparison made with letter to the editor from Leo Kucks, critical of generally, should by their nature encourage the actions of the Nazis in Warsaw was Mr Riethmuller, was published in response to described by her as ‘morally offensive and that article on 2 September and Mr forthright debate, it remains incumbent on a intellectually bankrupt’; the mentioning of Riethmuller’s letter in reply - albeit with one newspaper to ensure that published material Warsaw in 1944 and of Grozny in 1999 in sentence deleted - was published five days does not unfairly attack or misrepresent a the same breath as Fallujah in 2004 could later. person. The Chronicle should have been only be done with those ‘unconcerned with aware that the Handley letter made several On 11 September a number of other letters facts and blinded by political motivations, serious accusations about Mr Riethmuller were published, with Mr Riethmuller taking that at the very least required checking before by a knee-jerk anti-Americanism’. The exception to a particularly robust one written columnist then discussed the inadequacies publication and, once published, demanded by Dan Handley which, among other things, an immediate reply - notwithstanding the of international law by reference to ‘these accused Mr Riethmuller of being a hysterical claims’. column announcing the closing of all further ‘’professional agitator’’ and of ‘’dodging the correspondence on the matter which was After communications between the draft in New Zealand’’; said that he ‘’obviously published on the same day as the Handley complainant and the newspaper over the supports the likes of Osama bin Laden and letter. article, the complainant agreed to a Saddam Hussein’’; and ended with an suggestion that he should write a letter to the exhortation that Mr Riethmuller go and do ‘’as Neither course was taken and, to that extent, editor. The complainant wrote a 350-word the monks did in Saigon’’, a clear reference to the complaint is upheld. letter that was edited to 150 words by the Mr Riethmuller’s published letter where he Letters Editor and published the next day recalled ‘’Buddhist monks’ fiery self- (25 November 2004). immolation’’ in Vietnam. Adjudication No. 1280 The nub of the complaint was that the editing Mr Riethmuller also took exception to another of the letter resulted in a published letter article on 6 September which quoted a The Press Council has dismissed a which ‘was simply a set of unsupported ‘’Vietnam veteran and now chaplain to returned complaint from Julia Irwin MHR against assertions in my personal opinions on the servicemen’’ as slamming Mr Riethmuller for The Fairfield Advance. Ms Irwin claims US armed attack on Fallujah and that the ‘’his support of the North Vietnamese’’ and of that an article in The Fairfield Advance deleted 200 words ‘included all of the factual a column on September 11 which declared the had published material that was offensive and referential underpinnings in my correspondence at an end. and damaging to her by implying that she submitted letter, thereby gutting it of Mr Riethmuller has a number of complaints, was a liar. intellectual context and credibility.’ ranging from allegations that the controversy The article addressed continuing internecine The complainant made it clear that he was was ‘’manufactured’’ by the Chronicle, which issues within the Fairfield Community not claiming that the newspaper had changed sought out Mr Riethmuller for his initial Resource Centre the background to which is the meaning of his letter. He also interview, that the paper had ‘’militarist not fully explained in the article. What is Australian Press Council News, May 2005 11

clear, however, is that claims have been In the Council’s view, the newspaper, even made that staff at the Community Centre though it believed the article to be accurate, Adjudication No. 1283 had worked during office hours, and used could have dealt better with Mr Haj and, by the Community Centre’s resources, to help publication of a simple clarification noting the The Press Council has dismissed a Ms Irwin’s campaign in the 2004 Federal size of the entire manifest, satisfied his complaint against the Yarra Ranges Election. concerns. To the extent that it did not, the Journal, a Melbourne suburban Ms Irwin has always denied these claims complaint is upheld. newspaper, over its style of presenting and in fact the article in question opens with NOTE: The newspaper has lodged an appeal the motoring section. her strong denial. The article continues by on this finding. The appeal will be discussed The complainant, Jane Attard, claims that raising a second, but obviously related, issue by the Council at its June meeting. often the motoring page consists of about the Centre’s former general manager, conventional advertisements for Hyundai who was accused of bullying staff. There and the other half is “a paid-for advertisement was an independent investigation, the results Adjudication No. 1282 disguised as an independent review” of a of which have not been made public. The car. At the end of the review comes a manager resigned days before the results of footnote giving the dealer’s address. the investigation were due to be handed The Australian Press Council believes a The paper rejects any claim that the articles down. According to the anonymous source publication has the right to advocate its are a result of collusion and denies that they used by the Advance, it was this manager views on controversial topics. This is what are “intended to deceive, disguise or who had made the allegations about Ms the Fraser Coast Chronicle did on 16 mislead”. The section, says the paper, does Irwin. The current acting general manager October 2004, when it ran an editorial “not pretend to be hard news, but neither is supported Ms Irwin’s assertions. suggesting it would be prudent for those lobbying on disability issues to be less the editorial material ‘disguising advertising’ The Advance argues that, while it believes strident. any more than any specialised newspaper the claims made by their anonymous source section devoted to commercial product – are true, it gave every party involved a fair As anticipated, the editorial, Virulent stand such as electronic products in The Age and reasonable chance to respond. It has risks backlash from public, was controversial. Green Guide or a fashion spread in the also gone to some lengths to corroborate the The following day the newspaper published Herald Sun”. background to a story that is of considerable two letters with views opposing the editorial. The newspaper concedes that “the regular local interest and significance. The Press A community group, the Access for All appearance of a Hyundai article adjacent to Council notes that Ms Irwin’s and the acting Alliance, has complained to the Council about a paid-for Hyundai advertisement is manager’s denials featured prominently in the editorial and about the editing of one of the unfortunate and open to misinterpretation”. the report. letters, written by Robin King on behalf of the Alliance. The Council agrees. Newspapers have the right to edit letters for The Council has said in the past that there Adjudication No. 1281 length, clarity or fairness or to avoid possible should be a clear distinction between material defamation, provided that the editing does not published under editorial control and distort or misrepresent the intentions of the material supplied by an advertiser as a part The Press Council has, by a narrow author. The editorial changes made to Mr of a commercial arrangement. It has said majority, upheld in part a complaint by King’s letter were reasonable and did not that the latter material should be labelled Joseph Haj against The Australian about distort its meaning. “advertisement” or “advertising feature”. a 7 September 2004 article entitled Rows There is no evidence that the articles in this grow over unpaid Kuwait debt. The editorial was within the bounds of editorial opinion and the newspaper published promptly case are anything other than legitimate The article concerned a claim by Mr Haj and prominently two cogent, contrary views. editorial material. The section is labelled about payment for a shipment of fruit and “Drive” and makes clear its purpose of vegetables to a member of the Kuwaiti royal In doing so, it met its obligations under the drawing attention to locally available cars. family. Mr Haj claimed that the article Council’s principles and the complaints are seriously misrepresented the size of the dismissed. shipment and that the paper failed to correct the inaccuracy, despite numerous requests from him to do so. Conference: News Media & the Law The newspaper denied that the report was Presented by the Communications Law Centre, the MEAA and the Australian Press Council inaccurate. The report stated that the Victoria University Law School, Melbourne manifest “included” various amounts of fruit Thursday 23 June and Friday 24 June and vegetables; it did not profess to list the entire manifest. Readers would understand Debates and discussions on the future of the news media (newspapers v the that the printed list would not represent Internet); new definitions of journalism (the rise of the blog); cross-media ownership; $200,000 worth of fresh fruit and vegetables. public broadcasting and the debate on democracy; legal developments affecting The Council notes that the newspaper newsgathering; the use and abuse of defamation law; the impact of regulation and itemised about 40 kg of fruit and vegetables self-regulation on independence; access, including FoI and suppression orders. from a manifest of nearly 16 tonnes. Mr Haj tried to point out to the newspaper what he Registration: $245 (until 10 June); $285 (after 10 June) saw as the trivialisation of his claims, making Information and further details: his approach through a journalist rather than Amanda Hendry: [email protected] or 1300 656512 the editor. No clarification was published. Nor was one offered when the Council Jack Herman: [email protected] or 1800 025 712 approached the newspaper seeking mediation of the complaint. 12 Australian Press Council News, May 2005

[continued page 12] •A Bond University background paper on ABOUT THE PRESS COUNCIL press freedom and open justice informed the Queensland Crime and Misconduct The Australian Press Council was Complaints Procedure Commission’s inquiry into media access established in 1976 with the If you have a complaint against a to police communications. responsibility of preserving the freedom newspaper or periodical (not about of the press within Australia and advertising), you should first take it up Mediated complaints ensuring the maintenance of the highest with the editor or other representative of journalistic standards, while at the same the publication concerned. time serving as a forum to which anyone The Council office tries to solve matters If the complaint is not resolved to your by direct contact with the publication may take a complaint concerning the press. satisfaction, you may refer it to the concerned. This often leads to a settlement Australian Press Council. A complaint of the matter satisfactory to both parties. It is funded by the newspaper industry, must be specific, in writing, and and its authority rests on the willingness accompanied by a cutting, clear photostat On occasion, a Public Member of the of publishers and editors to respect the Council (or a member of the secretariat) or hardcopy print of the matter Council’s views, to adhere voluntarily complained of, with supporting will convene a face-to-face mediation, by to ethical standards and to admit documents or evidence, if any. agreement with the parties. Below are some mistakes publicly. Complaints must be lodged within 3 examples of the matters recently settled in From 1 July, the Council consists of 22 months of publication. these ways. members. Apart from the chairman (who The Council will not hear a complaint •A regional daily incorrectly reported must have no association with the press), subject to legal action, or possible legal there are 10 publishers’ nominees, ten that the complainant (a magistrate) had action, unless the complainant signs a public members (7 attend each meeting), waiver of the right to such action. presided over a court case that created two independent journalist, a nominee public unrest. The paper immediately of the MEAA and a retired editor. The Address complaints or inquiries to: published a correction and apology. The newspapers’ representatives are drawn Executive Secretary paper also offered to publish a letter to from the ranks of metropolitan, The Australian Press Council the editor from the complainant. The suburban, regional and country Suite 10.02, 117 York Street Sydney NSW 2000 complainant was happy with the quick publishers as well as from AAP. The public is represented by people with no rectification of his complaint. Phone: (02) 9261 1930 or (1800) 02 5712 previous connection with the press. Fax: (02) 9267 6826 •A metropolitan newspaper published The Press Council is able to amend its Email: [email protected] an article that incorrectly reported that Constitution with the approval of its A booklet setting out the aims, practices the federal employment agency of a Constituent Bodies. Significantly, great and procedures of the Council is available European country can force women to importance is placed on members acting free from the above address. work as prostitutes. The female as individuals rather than as the representatives of their appointing It, together with other relevant material, complainant was very offended by the organisations. is available from the Council website: report, particularly as she had emigrated http://www.presscouncil.org.au/ from the country referred to in the report. The complainant had supplied the Press Council with a response to the article from the country’s Consul. The newspaper said that it would publish MAILING LIST AND MAILING LABEL the response upon receipt of written permission to do so from the Consul. If you change address and would like to continue to receive the Press Council’s The permission was given. The response publications, or if there is an inaccuracy on the label, please advise the office of any was published. The complainant was such change. happy. From the August 2005 edition of the News, Press Council publications will sent •A regional daily had published an by email to those who ask for delivery in that form. If you want the News sent advertising supplement that was not direct to you, please send an email to [email protected] with subject line identified as such. The complainant News by email and you will be placed on the direct email list. feared that readers would be misled by the supplement. The paper advised that As the News and all adjudications are now published direct to the Internet, if you a style change had inadvertently led to would prefer to access it that way and therefore want your name removed from the the words Advertising Feature being mailing list for the printed version, please so advise the Council’s office. The omitted. They have now been re- Council’s URL is http://www.presscouncil.org.au/ inserted under the heading of the supplement.

Managing Editor: Ken McKinnon; Editor: Jack R Herman; Associate Editor: Deborah Kirkman Lay-out by Jack R Herman; Printing: Print Mail © Australian Press Council, 2005