Adjudication No. 1378  (adjudicated December 2007)

The Australian Press Council has dismissed a complaint by Geoffrey Martin against the Gold Coast Bulletin arising from an article headed Glider dies in plummet from mountain and published on 13 October 2007. The article reported the death of a hang-glider in what was described by police as a freak accident. Three people at the scene of the accident were quoted: Geoff Martin, the complainant and a participant in the hang-gliding event; Senior Sergeant Mick Jones, who attended the accident; and Len Paton, a friend of the victim. The reporter also quoted a senior member of the fire brigade, although it was not clear whether he had attended the accident.

Mr Martin said the article included factual inaccuracies and that his name was published without his consent. He added that he has been defamed and that his reputation has suffered because the article "gave the impression that (he) was fully cooperative with the press" when the association to which he belongs discourages giving interviews.

The newspaper agreed that Mr Martin did not supply his name and that he answered only "a couple of questions". This is consistent with the fact that Mr Martin's comments are a minor aspect of the report, comprising two brief comments about his involvement in hang-gliding and the relative dangers of the sport. Neither quote is denied by the complainant. Mr Martin's concern with accuracy relates to details provided by the police -- the manner in which the victim died and the identity of the person who administered CPR. Despite Mr Martin's concerns about how others might interpret the article, The Council can find nothing that would damage his reputation.

While it is regrettable that the newspaper ignored Mr Martin's decision to withhold his name, this in itself does not breach Council's principles as there were no other identifying details that could result in a breach of his privacy. Indeed, it is usual for the media to publish names of witnesses after they have been released by the police, especially when that witness has provided comment.

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