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OFFICE OF THE OMBUDSMAN ENGLISH SERVICES

OMBUDSMAN

ANNUAL REPORT 2020-2021

June 3, 2021

Michael Goldbloom, Chairman of the Board CBC/Radio-

Catherine Tait, President & CEO CBC/Radio-Canada

Members of the Board of Directors CBC/Radio-Canada

Mr. Goldbloom, Ms. Tait and Respected Board of Directors Members:

Attached please find the Annual Report of the Office of the Ombudsman, English Services for the period April 1, 2020 to March 31, 2021.

Sincerely,

Jack Nagler CBC Ombudsman, English Services

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 2 TABLE OF CONTENTS

Highlights ...... 4

Trends ...... 5

• The COVID-19 Pandemic ...... 5 • Precision and Trust ...... 6 • Accountability and Trust ...... 7 • Inclusion and Trust ...... 8 • Unpublishing and Trust ...... 9

Other Issues ...... 11

• An Awkward Apology ...... 11

• Non-Mandate Complaints ...... 11

• Changes to the Mandate ...... 12

Conclusion ...... 13

Communications & Reviews ...... 14

Ombudsman’s Mandate ...... 15

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 3 HIGHLIGHTS

All news organizations, whether they are private or public, large or small, analog or digital, try to convince their audiences that they are distinct. Traditionally, they might argue that they are the fastest, or the most comprehensive. Perhaps they’d proclaim themselves the most connected to their community or suggest that they deliver investigative stories that you can’t find anywhere else.

It says something, then, that right now the biggest challenge for most of the media - and this includes CBC - might be to convince people that they are simply telling the truth.

Trust is everything for news organizations, yet it is more difficult to earn now than I have seen in my lifetime. That challenge was reflected by the correspondence sent to this office over the past 12 months.

In all, this office received 5,271 comments, complaints and expressions of concern. Of those, 872 were outside the mandate of this office. Of the 4,399 within the mandate, 1,657 were sent to programmers for a response. The remainder were shared with news management so they could take the concerns expressed into account. This office does not insist on a reply if the nature of a complaint is too broad, or if it duplicates a complaint already received as part of an organized campaign.

As of mid-April there are 54 complaints still awaiting a response. From the complaints to which CBC responded, there were 61 requests for a review. By the close of the fiscal year, 41 reviews had been completed, and the other 20 were carried over into the new fiscal. Of the 41 completed, I found either a violation of policy or room for improvement in 20 of them.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 4 TRENDS

| THE COVID-19 PANDEMIC

My office received 670 complaints during the fiscal year relating directly to how CBC has covered the ongoing pandemic, which was easily the biggest single category I tracked. However, that does not include hundreds more complaints dealing with coverage of the pandemic’s ripple effects, ranging from the economic fallout to the politics of vaccine distribution.

As the year progressed, themes of the complaints appeared to follow the trajectory of the broader public discourse and are focused more on politics than science. The way people interpreted CBC’s coverage of COVID-19 was often linked to how they felt about Justin Trudeau, or Donald Trump, or Jason Kenney. Coverage of vaccines seemed especially fraught; for instance, programmers were routinely accused of both underplaying and overplaying concerns about links between a couple of the vaccines and rare blood clots.

There were also more provincial concerns expressed. I received a notable collection of complaints from Canadians who thought CBC News Network took a disproportionate number of live news conferences from officials in compared to other provinces.

I conducted 10 reviews of stories relating to the pandemic during the year. The themes of those complaints hinted at the breadth of issues arising from COVID-19. They included:

1. CBC’s presentation of data on the spread of the virus

2. Comparisons of the pandemic in Canada and the United States

3. Coverage of the drug hydroxychloroquine

4. Rules of the so-called “Atlantic Bubble”

5. Social media misinformation about the coronavirus

6. The economic impact on renters

7. Possible corruption in the securement of personal protective equipment

8. The search for a medical cure

9. How the media cover China’s role in the spread of the virus

10. A story that suggested pharmacists were profiting off the pandemic

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 5 Among the ten reviews, I found that CBC had violated policy three times. In each of the three cases, the fundamental flaw was a lack of precision - headlines which went too far, conclusions which were too blunt, assertions made without providing the detailed information to back it up.

While other complaints did not result in a conclusion that CBC was at fault, some sparked interesting conversations about aspects of coverage, such as whether the spread of the virus was best captured through raw numbers or on a per capita basis. The willingness of programmers to pay attention to these complaints and consider adjustments to their coverage is notable. It speaks to a civic-minded approach I’ve observed by CBC as it found multiple ways to give the audience information it needed about the pandemic: daily newsletters, frequent town halls, and a special email address ([email protected]) for people who had questions, suggestions or information to share.

On the whole, I am satisfied with CBC’s coverage to date of an issue that has transformed so many of our lives. The odd misstep has been outweighed by a system- wide effort to give Canadians the best possible information available at the time. Having said that, I empathize with complainants who at times have felt overwhelmed by the volume of pandemic coverage, and in particular the volume of coverage with a negative tone. Nobody wants to sugarcoat the seriousness of the issues with COVID, but programmers are reminded that positive developments are newsworthy, too - more of these stories would help contextualize the anxiety we all feel as citizens.

| PRECISION AND TRUST

If you have read Brodie Fenlon’s Editor’s Blog, you will be familiar with the discouraging results for journalists in surveys about trust. The Edelman Trust Barometer for 2021, for instance, reported that 49 percent of Canadians they polled agreed that “journalists and reporters are purposely trying to mislead people by saying things they know are false or gross exaggerations.” A fascinating study from the American Press Institute released in April suggested that many Americans do not even agree with journalists about the purpose of journalism. For instance, virtually any reporter would accept as fact the idea that spotlighting the problems in society is a way to make society better. In the API survey, though, fewer than 30 percent of non-journalists agreed.

In such a climate, every factual wobble is bound to cause problems. As noted above, there were some of these in pandemic coverage, and the issue arose in other reviews as well.

One that concerned me came about because of coverage at CBC Thunder Bay. Officials at the local hospital presented me with a long list of stories they felt were unfair. I did not agree with all of their complaints, but I found enough mistakes that it raised broader questions:

“...there is a pattern to these articles: heavily reliant on documents, with minimal use of reaction from principals, analysis from experts, or voices from the community CBC serves. As a reader, I learned some facts, but I did not get enough context that might allow me to draw informed conclusions about the issues at hand.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 6 CBC can and should do better than this. Your complaint revealed some violations of journalistic standards, and it is my belief that asking harder questions before publication might have prevented many of the problems identified in this review.

My hope is to remind CBC Thunder Bay - and other CBC newsrooms as well - that the value of news is not in the telling of “stuff”; it’s in the telling of stories that help people better understand their world. Tell us why something is happening. Tell us why it matters. Tell us why people have different perspectives, so that we understand their motives and their desired outcomes.

Those questions have to be asked repeatedly whenever a story is pitched, and whenever a script is submitted for editing. Challenge more assumptions. Be more rigorous. Consider the needs of the audience and make clarity a huge priority. Then, after it’s done, be as aggressive as you can be about acknowledging and correcting any mistakes you make along the way.”

There were other reviews that dealt with this theme of precision, and they came from across a range of programs, including a Fifth Estate segment called “Passport Babies” and CBC News Network’s coverage of an incident in which New York police drove their vehicles into a crowd of Black Lives Matters protesters. At one point in that coverage, the script and images combined to recast the moment as though the only relevant issue was whether the police were threatened by the demonstrators. It was an error in journalistic judgment, and in this day and age a mistake like that turned quickly into widespread criticism on social media. My review was titled “Missing the Point”, and with good reason. Having said that, I noted in my interim report last fall that CBC News responded with a very profuse and very public apology for the error, and deserves credit for its willingness to be accountable.

It seems evident that the journalistic leaders of CBC are aware of the importance of these issues. They have been reviewing the way they craft headlines online, and they are involved in various international efforts to increase the amount of trust that the public has in credible news sources. These are to be encouraged and applauded, but it all has to begin with a ferocious dedication to being precise, and it’s a dedication that will have to be reinforced repeatedly through every level of the organization.

| ACCOUNTABILITY AND TRUST

I am pleased to report that in spite of all the logistical hurdles created by the pandemic and the evaporation of normal workflows, programmers have remained committed to the task of dealing with audience concerns forwarded by my office. The average response time this past year was 15 working days, only a marginal increase from the year before, and well within the normal guideline of 20 working days. I offer my thanks to the producers and managers who make this happen.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 7 I am also pleased that CBC News has, after a long period of encouragement, created a web page itemizing significant corrections and clarifications. The value of such transparency should not be underestimated in the effort to secure the trust of a skeptical public. The more open CBC can be about the journalistic processes it follows, the facts on which it bases statements in its stories, and the acknowledgement and correction of any errors along the way, the more successful it will be. I encourage everyone involved in CBC’s journalism to embrace the ethos of transparency.

There are no shortcuts in this area. One of the reviews I considered most important this past year was titled “Who Are Those Commentators, Anyway?” I concluded that viewers and listeners do not always get enough information about the panellists who appear on CBC programs, and that it inhibits the audience’s ability to assess the comments they are hearing. I hope improvements will be made in this area.

I have one other recommendation to make about accountability, and it concerns the vexing issue of balance over time. Frequently, complainants argue that CBC is biased in some aspect of its coverage. Programmers will often reply, with justification, that a story or program segment cannot possibly represent all the different angles or viewpoints of a complicated issue, and they pledge that coverage will offer balance over time.

This reply frustrates complainants who see it as a “get out of jail free” card, because there is no way to hold CBC to account for that promise.

It would be nice to see CBC News offer evidence that it does, in fact, provide such balance. This is not possible for every issue, but there are some topics in which the question of balance comes up repeatedly: gun control is an easy and obvious example, but there are many more that could be considered. It would serve CBC well to create special pages on its website to demonstrate that it does over time reflect various perspectives on ongoing controversies. One additional benefit of such an effort is that it might occasionally reveal to programmers that they have had blind spots on an issue.

| INCLUSION AND TRUST

Right alongside the pandemic, issues related to race and identity permeated debates around the ethics of journalism over the past year.

The public broadcaster has not been alone among media organizations asking themselves how to do better. At the time I write this report, I am eager to learn the outcome of CBC’s promise to assess the corporation’s Journalistic Standards and Practices through the prism of inclusion.

Hearing the litany of frustrations expressed since the summer by BIPOC journalists both inside and outside the CBC, it is clear this effort is necessary. I remain of the view that it is possible and desirable to blend the traditional values of quality journalism, including fairness and balance, with an environment of authentic equality, inclusion and respect in the newsroom. Beyond being the right thing to do, it is a vital way to improve CBC’s journalism and better reflect the communities it serves.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 8 Issues around the depiction of race and identity came up frequently in complaints during the year. They were the subject of several reviews, including how CBC covered instances of racism in the workplace, a CBC Kids’ segment about transphobia and the author JK Rowling, the politics around the murder of George Floyd, and allegations of cultural appropriation of Indigenous ceremonies.

I have heard from more than a few complainants who feel CBC overemphasizes these issues to the detriment of its overall coverage. It is not the role of this office to insert itself into a debate over CBC’s editorial priorities. However, I note that if it feels as though there is too much of this type of coverage now, it’s helpful to pause and realize that it is a response to a long and chronic history of these issues being undercovered, or even ignored. I’d rather CBC place too much emphasis on equality and justice rather than not enough.

| UNPUBLISHING AND TRUST

This is a thorny subject for media organizations: under what circumstances should they remove content from their websites?

At CBC the position outlined in the JSP is clear that this should happen only rarely:

We generally do not agree to requests to remove published material from our web pages.

Our published content is a matter of public record. To change the content of previously published material alters that record. Altering the record could undermine our credibility and the public’s trust in our journalism.

There can be exceptions to this position– where there are legal or personal safety considerations to the person named.

Requests to remove material should be referred to the Director.

There are other remedies to consider; correcting inaccuracies or updating a story to provide details about its resolution can often address requests for deletion.

That policy continues to make sense. At the same time, requests for the deletion of stories arrive fairly routinely into my office, and I’m sure many more go directly to programmers. I see that the programmers consider these requests with compassion, but the choices are made ad hoc.

Earlier this year, the Boston Globe in the United States launched what it calls its “Fresh Start initiative” that gives readers a clear method of requesting the removal or alteration of old stories that mention them. It has been presented by that paper not just as a way to reflect on its responsibilities, but also as a way of dealing with past coverage choices around racialized communities.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 9 It is a conundrum for other media, too: academic Deborah Dwyer has set up a website called Unpublishingthenews.com as a resource for journalists searching for best practices.

So, while CBC has done a lot of thinking in this area, there is learning to be had here. Some of it involves how stories are reported in the first place. I am not calling for any particular change to the current policy. However, I believe that a more consistent and open process would help build trust with the audience. I recommend that News management in particular, establish a more formal protocol for dealing with requests to unpublish, and communicate to the audience how to make requests and how they will be considered.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 10 OTHER ISSUES

| AN AWKWARD APOLOGY

It may seem surprising, but in a year of transformative events - including a pandemic, a reckoning around racial justice, economic upheaval across the country and political chaos for our neighbours to the south, the review that generated the most attention to this office came about because of an apology broadcast on The Current.

It all started in the summer, when the program host made two references to “Palestine” during an interview. CBC’s usual practice is to refer to the West Bank and Gaza as “Palestinian Territories” or the “Occupied Territories.” Programmers decided to apologize for saying something different, which sparked a large letter-writing campaign from people accusing CBC of banning the word Palestine, and essentially censoring it out of existence.

In my review, I explained why in my view CBC’s usual practice was not censorship but rather a practical effort to avoid taking sides in a dispute between Israelis and Palestinians. However, I concluded that in this instance the apology itself gave the appearance that CBC was taking sides and made the matter worse rather than better.

| NON-MANDATE COMPLAINTS

This office received 344 complaints over the course of the year about commenting and the moderation of comments. That is an increase of more than 20 percent from the year before.

The nature of these complaints remains the same: most come to me because they feel their comments were rejected unfairly - or, as they inevitably say, “censored.” Some see a political bias at play, claiming that moderators are stricter when it comes to comments from the conservative of the political spectrum. Others are frustrated that CBC does not provide an explanation for why an individual comment has been ruled to violate community guidelines.

Those who write to me about this subject are further frustrated when I explain to them that commenting is not part of my mandate. I do not suggest that it should be, and I understand that a few hundred complaints seem small amid the hundreds of thousands of comments that CBC publishes on its website each year.

At the same time, it is easy to understand why someone who feels CBC has unfairly curtailed their right to express themselves on the website of their public broadcaster would be upset that CBC won’t tell them why.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 11 | CHANGES TO THE MANDATE

Along with Guy Gendron, the Ombudsman for French Services, I would like to propose two minor changes to the mandate and complaints process of this office that I believe will add clarity.

The first is to state categorically that while I receive complaints from the public, I do not accept complaints from employees of CBC/Radio-Canada. This is already the case in practice, and for good reason; it is counterproductive to investigate the concerns of a journalist who might be unhappy with an editorial decision made by a colleague or supervisor. They have other means by which to raise their concerns internally.

The second change has to do with instances in which a complaint has legal implications. The Complaint Review Process currently says:

If your complaint has legal ramifications, the Ombudsman will ask for written clarification of your intentions. You will also be asked to choose between legal action or recourse to the Ombudsman. The Ombudsman will determine whether to decline to start the review process. it ought to be made clear that this provision also applies if other people file a complaint about coverage - not just the party to a legal action. The concern that an Ombudsman review might distort the judicial process is just as real regardless of who filed the complaint, and I hope that in the year ahead the language can be updated.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 12 CONCLUSION

Although my experience each day is to hear from people unhappy about CBC journalism, I am not a pessimist when it comes to the public broadcaster’s ability to do high-quality work, or to improve and secure greater trust from Canadians. The efforts of CBC reporters, videographers, editors, graphic artists, producers, writers and studio crews leads to content that is often exceptionally good.

When the public complains - and when I am critical as Ombudsman - it is not because we are ungrateful for those efforts, or cynical about the motives of the programmers. It is because we need CBC to fulfill its role at the highest level possible, at a time when Canadians are hungry for information we can rely on to be accurate, contextual and proportionate. My emphasis on precision and trust in this report stems from a belief that the corporation can navigate its way through social change, financial pressure and professional uncertainty to make the country proud.

On a personal front, I am proud to say I have been able to count Guy Gendron as my colleague since I became the CBC Ombudsman in 2019. Guy’s work as the Ombudsman at Radio-Canada has been exemplary. His intellect, clarity and courage have impressed me greatly, and I will miss his counsel after he completes his term. At the same time, I look forward to working with his successor, Pierre Champoux, and will of course offer him any help that I can when he begins his work this summer.

I also wish to express my gratitude to CBC/Radio-Canada President and CEO Catherine Tait for supporting the work of this office. She has had a clear understanding of my role and the imperative for the full independence of this office. The same can be said for the managers who lead the journalistic area of CBC, including Susan Marjetti and Brodie Fenlon. They continue to recognize that the value of public accountability through the Ombudsman process outweighs the discomfort my work might cause them.

I am most grateful of all for my assistant Teresa Batista. Because of the pandemic, it has been more than a year since I have been in the same room as her, yet through determination, organization and patience with me, she has managed to keep the office humming along. I hope that between now and the next time I write one of these reports, conditions will allow me to thank her in person.

Jack Nagler Ombudsman, English Services

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 13 COMMUNICATIONS & REVIEWS

Number of Communications Received

GENERAL AVERAGE INFORMATION TOTAL NO. OF COMPLAINTS YEAR PROGRAMS/ RESPONSE PROGRAMMING COMPLAINTS PROCESSED OTHER TIME (DAYS)

2020-21 *4,399 **872 5,271 1,657 15

6,123 2019-20 (+(Petition: CBC Docs 552 6,675 1,112 14 POV " Kids" - 17,315)

2018-19 3,131 562 3,693 N/A N/A

2017-18 3,185 884 4,069 N/A N/A

2016-17 2,162 1,008 3,170 N/A N/A

2015-16 1,859 923 2782 N/A N/A

*Petition: CBC Docs POV "Drag " 20 *Petition: Don’t let the CBC erase Palestine 92

** Comments and Moderation: 344

Distribution of Information Programming Complaints per Platform

YEAR TELEVISION RADIO NEWS CBC.CA SOCIAL MEDIA OTHER NETWORK

2020-21 423 1,130 923 1,319 162 442

Reviews

NO. OF FOR AGAINST CARRIED YEAR RECOMMENDATIONS REVIEWS CBC CBC FORWARD

2020-21 41 21 12 8 20

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 14 OMBUDSMAN’S MANDATE

| PRINCIPLES

CBC-Radio-Canada is fully committed to maintaining accuracy, fairness, balance, impartiality and integrity in its journalism, as expressed in its unique code of ethics and practice, the Journalistic Standards and Practices. Our journalistic mission is to inform, to reveal, to contribute to the understanding of issues of public interest and to encourage citizens to participate in our free and democratic society. We base our credibility on fulfilling that mission through adherence to the values, principles and practices laid out in the Journalistic Standards and Practices.

The Ombudsman is completely independent of CBC program staff and management, reporting directly to the President of CBC and, through the President, to the Corporation's Board of Directors.

| MANDATE

The Ombudsman acts as an appeal authority for complainants who are dissatisfied with responses from CBC information or program management.

The Ombudsman generally intervenes only when a correspondent deems a response from a representative of the Corporation unsatisfactory and so informs the Office of the Ombudsman. However, the Ombudsman may also intervene when the Corporation fails to respond to a complaint within a reasonable time.

The Ombudsman determines whether the journalistic process or the broadcast involved in the complaint did, in fact, violate the Corporation's Journalistic Standards and Practices. The gathering of facts is a non- judicial process and the Ombudsman does not examine the civil liability of the Corporation or its journalists. The Ombudsman informs the complainant and the staff and management concerned of the review's findings and posts such findings on the Ombudsman's website.

As necessary, the Ombudsman identifies major public concerns as gleaned from complaints received by the Office and advises CBC management and journalists accordingly. The Ombudsman and CBC management may agree that the Ombudsman undertake periodic studies on overall coverage of specific issues when it is felt there may be a problem and will advise CBC management and journalists of the results of such studies.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 15 The Ombudsman establishes a central registry of complaints and comments regarding information content, and alerts journalists and managers on a regular basis to issues that are causing public concern.

The Ombudsman prepares and presents an annual report to the President and the Board of Directors of the Corporation summarizing how complaints were dealt with and reviewing the main issues handled by the Office of the Ombudsman in the previous year. The report includes mention of the actions, if any, taken by management as a result of the Ombudsman's findings, provided such disclosure does not contravene applicable laws, regulations or collective agreements. The annual report, or a summary thereof, is made public.

The Office of the Ombudsman reports annually on how each media component has met the CBC standard of service for the expeditious handling of complaints.

| COMPLIANCE

The Office of the Ombudsman is responsible for evaluating compliance with the Journalistic Standards and Practices in all content under its jurisdiction. It can be assisted in this role by independent advice panels.

Panel members are chosen by the Ombudsman. Their mandate is to assess content over a period of time, or the overall coverage of a particular issue by many programs and report their findings to the Ombudsman. The Ombudsman will advise CBC management and journalists of these findings.

The evaluation measures performance in respecting the fundamental principles of CBC journalism.

All employees of CBC News, as well as the content they create, and employees of Local Services, Radio Talk information programming, or any service involved in the creation of news, current affairs and public affairs content must respect all of the principles of the Journalistic Standards and Practices namely:

• Accuracy, fairness, balance, impartiality and integrity. With the exception of fiction and comedy, content produced by other employees which touches on politics, social issues, economics, cultural issues, scientific issues or sports – particularly if the issues are controversial – must respect the following principles :

• Accuracy, fairness and balance. User-generated content, when incorporated into information programming, must conform with the principles of the Journalistic Standards and Practices.

Moreover, in an election or referendum period, the Journalistic Standards and Practices applies to all content related to the campaign, parties or candidates that is broadcast and published by the CBC, regardless of the department concerned.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 16 The JSP applies to all news, current affairs and public affairs content commissioned by CBC and produced by third parties.

The Office reports bi-annually.

| JURISDICTION

The jurisdiction of the Office of the Ombudsman covers all content, produced for radio, television or the internet (including social media used by CBC) that falls within the scope of the Journalistic Standards and Practices.

Complaints beyond the Ombudsman's mandate should be addressed directly to the programs concerned, or Audience Relations.

| APPOINTMENT

When filling the Ombudsman's position, the CBC openly seeks candidates from outside as well as inside the Corporation.

After appropriate consultation, the President and CEO establish a selection committee of four. Two members, including the committee chair, must be from the public. People currently employed by the Corporation or employed by the Corporation within the previous three years will be excluded from nomination as public members. The other committee members are chosen, one among CBC management, the other among its working journalists. Members representing the Corporation and journalists jointly select the committee chair among the two representatives of the public.

The selection committee examines applications and selects a candidate to be recommended for appointment by the President and CEO.

The Ombudsman appointment is for a term of five years. This term may be extended for no more than five additional years. The Ombudsman's contract cannot be terminated except for gross misconduct or in instances where the Ombudsman's actions have been found to be inconsistent with the Corporation's Code of Conduct Policy 2.2.21.

The outgoing Ombudsman may not occupy any other position at the CBC for a period of two years following the end of his/her term but can, at the discretion of the incoming Ombudsman, be contracted to work for the Office of the Ombudsman.

NOTE: Last modified February 27, 2019.

CBC OMBUDSMAN ENGLISH SERVICES ANNUAL REPORT | 17 OMBUDSMAN

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