Reporting Guidelines
Guideline No. 264 (April 2005)

Witness payments in trials

The Australian Press Council recognises that, on occasion, publications will pay sources to ensure that matters of public interest and concern that might not otherwise be published are made available to readers.

It notes that there is legislation in most jurisdictions that restricts the ability of criminals or their associates to benefit financially from their crimes. However, payment by media organisations to witnesses or potential witnesses might be seen as colouring their testimony and the Council, therefore, urges extreme caution. The question did not arise as a concern until last year, when the 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.

The Council recognises the rarity of such instances, but recommends the following to publications:

1. No payment or offer of payment to a witness, or any person who may reasonably be expected to be called as a witness, should be made in any case once proceedings have commenced.
   
   This should last until the proceedings have ended. This would normally be when the defendant has been freed unconditionally by police without charge or the proceedings are otherwise discontinued; when a guilty plea has been made; or, in the event of a not-guilty plea, the court has announced its verdict.
    
2. Where proceedings have not yet commenced but are foreseeable, publications should not make or offer payment to any person who may be expected to be called as a witness, unless there is a significant public interest in the publication of the material. They should also take all reasonable steps to ensure no financial dealings influence the evidence those witnesses give. In no circumstances should such payment be conditional on the outcome of a trial.
    
3. Any payment or offer of payment made to a person later cited to give evidence in proceedings should be disclosed to the prosecution and defence. The source should be advised of this possibility before the payment, or offer of payment, is made.

see also
February 2005 'chequebook journalism' article.

return to
Index of guidelines

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