Adjudication No. 1401  (adjudicated August 2008)

The Press Council has upheld a complaint by Don Punch over a 26 March 2008 article in the Busselton-Dunsborough Mail, titled Buswell wants jetty files.

The article arises from concerns raised by Vasse MLA Troy Buswell, the Leader of the WA Opposition, over delays in the Freedom of Information process in releasing documents, held by the South West Development Commission, relating to the development of Busselton jetty. In writing about Mr Buswell's concerns, the paper sought no balancing comment from Mr Punch, the commission's CEO, for its report. On 2 April 2008, the Mail responded to Mr Punch's request for an apology with a further article on page 4 of the paper.

The Mail has argued that it did not breach any Press Council principles and had provided a balancing follow-up article, in keeping with the paper's policy, when it cannot obtain comment for inclusion in the original report.

While having sympathy with the newspaper's belief, ultimately proved correct, that any response from Mr Punch would amount to a "no comment", there was still an onus on the newspaper to seek a balancing comment from him. There is no evidence of balance in the first article and the second article does little to provide appropriate balance.

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