RESPONSE TO MEDIA WATCH

1. Yes, prior to contacting the Rushes, Australian Story was well aware of Scott Rush’s previous convictions in Australia. It was reasonably common knowledge among reporters in Bali and beyond.

2. Our research, along with all advice received at the outset and since, indicated that publication of Scott Rush’s criminal record and/or his drug history could result in the use of that information by the Indonesian courts and expose him to the death penalty. This remains the case until the Appeals process is completed. We refer Media Watch to the comments of Prof Tim Lindsey on Radio National’s Media Report today (confirming the risk of the application of the death penalty as a possible consequence of the Courier Mail publication).

3. The focus of the Australian Story program was on the experience of Scott Rush’s parents when confronted with the arrest of their son for heroin smuggling. Yes, of course Australian Story believed that Scott Rush’s background was relevant. We sought to refer to that background in a responsible and restrained manner that would not place Scott Rush in greater peril of the death sentence. We informed our audience at the outset, in our introduction, that legal and ethical constraints precluded discussion of some issues.

4 a) Yes, Lee and Christine Rush expressed deep concern about publication of previously undisclosed material that could result in the application of the death penalty.

b) While we listened to their legitimate and proper concerns (ABC Editorial Guidelines require that participants in programs be treated with respect), even if the family had been ignorant of the legal position and had not expressed concerns, we were independently aware of the hazards of publication and we would have made the same decision. Mr and Mrs Rush may have found our decision reassuring but it was a fait accompli, not a bargaining chip. Decisions made by us were in line with ABC editorial guidelines and with the practices and reputation of Australian Story over ten years.

Deborah Fleming, Executive Producer “Australian Story”