Adjudication No. 1389  (adjudicated May 2008)

The Australian Press Council has dismissed a complaint by Keith Roberts against Australian Motorcycle News.

The material complained of - a report and a single-paragraph pointer to it - was based on emails from a member of Motorcycling Australia's Historic Commission criticising aspects of the organisation of racing events held on Phillip Island. The official was not named in the material, but after publication Mr Roberts identified himself as the sender of the emails.

He complained that the material published relied on private correspondence that had been used without his permission or that of the recipients; that the emails had been edited in such a way as to alter the purpose of his comments; and that the magazine had not sought his comments before publication.

The magazine disagreed that the emails should have been regarded as a private exchange, because, it says, they were provided to it by two of the parties to the correspondence. It points out that reports that rely on such so-called leaks are a legitimate form of journalism. It said the fact the emails' sender was a senior official of the national governing body of Australian motorcycle racing and that his comments concerned the conduct of a major sporting event held at a venue that receives substantial government funding meant there was strong public interest in the material being published.

It also said the edited version of the emails that it published accurately reflected the tone and position stated by Mr Roberts and that since the emails were themselves the expression of Mr Roberts' comments it had no obligation to seek out further comment before publication.

The Press Council agrees that the published material is an accurate representation of the views Mr Roberts expressed in his emails and that the fact the magazine did not identify him as their source validates its decision not to approach Mr Roberts for further comment. The Council supports the view that in cases where a strong public interest exists leaked information is a valuable and legitimate source.

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