Adjudication No. 1356  (adjudicated May 2007)

The Australian Press Council has upheld a complaint by William Moss against The Sydney Morning Herald.

In a 7 February article that appeared in the CBD column about a court case in which Mr Moss was a party, the paper referred to the manner in which Mr Moss, who has muscular dystrophy, was assisted from the witness box.

Mr Moss contended that the reference to his disability breached the Council's Statement of Principles in that it placed gratuitous emphasis on the disability of an individual.

The newspaper apologised to the complainant through a voicemail message to Mr Moss' assistant and in an email to the assistant that was forwarded to Mr Moss. The editor invited Mr Moss to contact him to discuss the matter. Mr Moss did not respond to these overtures. The paper argued that Mr Moss' disability is a matter of public knowledge and that its actions in making a private apology and seeking to help Mr Moss redress his concerns should have resolved the matter.

They did not. The Press Council is of the view that the newspaper's description of Mr Moss' condition was indeed gratuitous.

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