------Original message ------Date: 06/06/2014 17:19 (GMT+10:00) To: Timothy Latham Cc: Paul Barry Subject: RE: Mr Kenny - MW questions

Tim,

Attributable to an ABC spokesman. Call me if you need anything else.

1. Was that procedure followed in the case? Given the positive advice from Legal and Ed Pols, the Executive Producer did not judge it necessary to upwardly refer the segment. 2. Before the broadcast was the Kenny skit referred to and cleared by Ed Pols? The segment was subject to the usual processes followed for higher risk weekly satirical comedy programs: TV Editorial Policies reviewed the script and pre-recorded inserts, attended the record, and reviewed the completed episode, providing advice to the Executive Producer at each stage. TV Editorial Policies considered that the segment met the Harm & Offence standards in the Editorial Policies. 3. Was the skit referred to and cleared by Legal? If not why not? Legal advice was sought from, and provided by, the Legal team. As with legal advice provided by Legal to Media Watch, that advice is confidential and protected by legal professional privilege. 4. Do the public comments by and ( will not apologise) contravene the conditions of the Kenny settlement? (or are they not a signature to that agreement?) No. 5. Why was a legal settlement not reached in April when Mark Scott first apologised to Chris Kenny? Confidential communications concerning settlement have been exchanged between the parties to the legal proceedings since Mr Scott issued an apology. Given the differing views between the parties as to the legal issues relevant to this matter, it is not surprising that it took some time for a resolution to be reached.

From: Timothy Latham Sent: Thursday, 5 June 2014 2:01 PM To: Nick Leys Cc: Paul Barry Subject: Mr Kenny - MW questions

Hi Nick

As discussed:

In June 2009, after the “Make a Realistic Wish” segment and the removal of Amanda Duthie as Head of Comedy, Mark Scott said:

“Where staff are concerned about the potential for satirical material to cause harm they should refer the matter to the next level of management. In this instance, head of Arts Entertainment and Comedy reviewed the segment and did not refer it up. This was an error of judgement.”

6. Was that procedure followed in the Chris Kenny case? 7. Before the broadcast was the Kenny skit referred to and cleared by Ed Pols? 8. Was the skit referred to and cleared by Legal? If not why not? 9. Do the public comments by Andrew Hansen and Chris Taylor (the Chaser will not apologise) contravene the conditions of the Kenny settlement? (or are they not a signature to that agreement?) 10. Why was a legal settlement not reached in April when Mark Scott first apologised to Chris Kenny?

Call to discuss if need be..

Cheers

Tim Latham Executive Producer ABC Media Watch