General Press Release No. 241 (July 2000)

Administrative Decisions Tribunal Ruling Restricts Freedom of the Press

The Australian Press Council expresses its grave concerns about a ruling of the NSW Administrative Decisions Tribunal that an article published in The Australian Financial Review on 23 December 1998 breached the Anti-Discrimination Act 1977 (NSW).

The article was an opinion piece that expressed strong criticisms of Palestinians and in particular their interest in seeking a peaceful solution to their disputes with Israel. Following the publication of the article to which objection was taken, the Financial Review published another article and a letter from Palestine's official representative in Australia, both rebutting the claims in the first article.

The Tribunal rejected an argument from the newspaper that, by publishing these balancing articles, it allowed both sides of the dispute to be placed before the public.

One of the most important roles played by the print media is to bring matters of importance to the attention of the public. This is often best done by allowing robust presentation of competing views.

Should the Tribunal continue to follow the approach taken in this recent decision, it could stifle debate on contentious issues. In this case the issue was one of the most important continuing international disputes.

It will force newspapers into bland reporting of, and comment on, issues in a manner that may offend no-one - but will not inform them either. Newspapers need to challenge readers and this is done through allowing commentators to express controversial opinions. The debate that the expression of such views produces is of value to a mature society such as ours in forming public opinion.

The Tribunal would seem determined to prevent citizens reaching their own conclusions through access to opinion that may offend but nevertheless compels consideration. Totalitarian governments come to power on the back of organisations that do not permit unfashionable or politically incorrect opinion to be aired.

see also
Adjudication No 1016: Kazak/AFR

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