News in brief - August 2000

APC Prize 2000
On the Council
Sydney Olympics
ADT Ruling Threatens Free Speech
NZ Press Council

APC Prize 2000

Entries for the 1999-2000 award given for the best essay submitted on a set topic have closed.

In 1999-2000 the topic was:

Principle 5 of the Council's Statement of Principles states in part that newspapers should disclose "any commercial or other interest which might be construed as influencing the publication's presentation of news or opinion". In the light of the recent revelations of the possibility that commercial interests may have influenced some radio personalities, to what extent is the press obliged to reveal any conflict of interest which may be involved in the reporting of news and the publication of opinions.

The Prize was open to tertiary students and there were 40 entries. These are currently with the judges and an announcement is expected quite soon. Details of the award and of the topic and entry conditions for the 2000-1 will be posted on the Council's website on the Prize overview page.

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On the Council

Two of the Council's Constituent Members have made new appointments to the Council. West Australian Newspapers have appointed the new editor of The West Australian, Brian Rogers, as its representative on the Council. He replaces his predecessor, Paul Murray, who now works on Perth radio. Brian Rogers is a former journalist who has spent many years in television news, most recently as Perth News Editor for the Nine Network, before taking up his current appointment. Deputy Editor Mike Polkinghorne and senior editorial executive Peter Jeanes are his alternates. John Lyons, who represented Australian Consolidated Press on the Council, has resigned from his position on The Bulletin to take up a position on the Nine Network's Sunday. His replacement is Alan Deans, a senior Business writer on The Bulletin.

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The Sydney Olympics

The Council has made arrangements to take account of the Olympic Games in the last two weeks of September. Because of the Games (and the attendant travel difficulties), there will be no Council meeting in September and the Council office will not be available full-time during the Games. The office will be opened on a part-time basis from 18 September through to the end of the Games but messages can be left on the answering machine or posted through the e-mail.

There may be minor delays in responses during the period but the office will do its best to meet the public's requirements during the Games.

The following Council meeting will be held in Adelaide in the second week of October. During the visit the Council will be meeting with several community leaders and local editors and writers, as a part of its promotion of its services.

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ADT Ruling Threatens Free Speech

The Australian Press Council has expressed its grave concerns about a ruling of the NSW Administrative Decisions Tribunal that an article published in The Australian Financial Review on 23 December 1998 breached the Anti-Discrimination Act 1977 (NSW).

The article was an opinion piece that expressed strong criticisms of Palestinians and in particular their interest in seeking a peaceful solution to their disputes with Israel. Following the publication of the article to which objection was taken, the Financial Review published another article and a letter from Palestine's official representative in Australia, both rebutting the claims in the first article.

The Tribunal rejected an argument from the newspaper that, by publishing these balancing articles from both sides of the dispute to be placed before the public.

One of the most important roles played by the print media is to bring matters of importance to the attention of the public. This is often best done by allowing robust presentation of competing views.

Should the Tribunal continue to follow the approach taken in this recent decision, it could stifle debate on contentious issues. In this case the issue was one of the most important continuing international disputes.

It will force newspapers into bland reporting of, and comment on, issues in a manner that may offend no-one - but will not inform them either. Newspapers need to challenge readers and this is done through allowing commentators to express controversial opinions. The debate that the expression of such views produces is of value to a mature society such as ours in forming public opinion.

The Tribunal would seem determined to prevent citizens reaching their own conclusions through access to opinion that may offend but nevertheless compels consideration. Totalitarian governments come to power on the back of organisations that do not permit unfashionable or politically incorrect opinion to be aired.

see also
Adjudication No 1016: Kazak/AFR

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New Zealand Press Council
Statement of Principles

[Editor's note: Established in 1972 by the newspaper publishers and journalists to provide an independent forum for resolution of complaints, the NZ PC did not until last year have a Statement of Principles. Its principles can be compared with those which the Australian Press Council revised in October 1996, published in the November 1996 APC News and on the Council's website.]

Preamble:

The New Zealand Press Council was established in 1972 by newspaper publishers and journalists to provide the public with an independent forum for resolution of complaints against the press. It also has other important objectives as stated in the constitution of the Press Council. Complaint resolution is its core work, but promotion of freedom of the press and maintenance of the press in accordance with the highest professional standards rank equally with that first objective.

There are some broad principles to which the council is committed. There is no more important principle than freedom of expression. In a democratically governed society the public has a right to be informed, and much of that information comes from the media. Individuals also have rights and sometimes they must be balanced against competing interests such as the public's right to know. Freedom of expression and freedom of the media are inextricably bound. The print media is jealous in guarding freedom of expression not just for publishers' sake, but, more importantly, in the public interest. In complaint resolution by the council, freedom of expression and public interest will play dominant roles.

It is important to the council that the distinction between fact, and conjecture, opinions or comment be maintained. This principle does not interfere with rigorous analysis, of which there is an increasing need, and is the hallmark of good journalism.

The council seeks the cooperation of editors and publishers in adherence to these principles and disposing of complaints. Editors have the ultimate responsibility to their proprietors for what appears editorially in their publications, and to their readers and the public for adherence to the standards of ethical journalism which the council upholds in this Statement of Principles.

These principles are not a rigid code, but may be used by complainants should they wish to point the council more precisely to the nature of their complaint. A complainant may use other words, or expressions, in a complaint, and nominate grounds not expressly stated in these principles.

1. Accuracy: Publications (newspapers and magazines) should be guided at all times by accuracy, fairness and balance, and should not deliberately mislead or misinform readers by commission, or omission.
2. Corrections: Where it is established that there has been published information that is materially incorrect then the publication should promptly correct the error giving the correction fair prominence. In appropriate circumstances the correction may be accompanied by an apology and a right of reply by an affected person or persons.
3. Privacy: Everyone is entitled to privacy of person, space and personal information, and these rights should be respected by publications. Nevertheless the right of privacy should not interfere with publication of matters or public record, or obvious significant public interest.
   Publications should exercise care and discretion before identifying relatives of persons convicted or accused of crime where reference to them is not directly relevant to the matter reported.
   Those suffering from trauma or grief call for special consideration, and when approached, or enquiries are being undertaken, careful attention is to be given to their sensibilities.
4. Confidentiality: Editors have a strong obligation to protest against disclosure of the identity of confidential sources. They also have a duty to take reasonable steps to satisfy themselves that such sources are well-informed and that the information they provide is reliable.
5. Children and young people: Editors should have particular care and consideration for reporting on and about children and young people.
6. Comment and fact: Publications should, as fas as possible, make proper distinctions between reporting of facts and conjecture, passing of opinions and comment.
7. Advocacy: A publication is entitled to adopt a forthright stance and advocate a position on any issue.
8. Discrimination: Publications should not place gratuitous emphasis on gender, religion, minority groups, sexual orientation, race, colour or physical or mental disability unless the description is in the public interest.
9. Subterfuge: Editors should generally not sanction misrepresentation, deceit or subterfuge to obtain information for publication unless there is a clear case of public interest and the information cannot be obtained in any other way.
10. Headlines and captions: Headlines, sub-headings and captions should accurately and fairly convey the substance of the report they are designed to cover.
11. Photographs: Editors should take care in photographic and image selection and treatment. They should not publish photographs or images which have been manipulated without informing readers of the fact and, where significant, the nature and purpose of the manipulation. Those involving situations of grief and shock are to be handled with special consideration for the sensibilities of those affected.
12. Letters: Selection and treatment of letters for publication are the prerogative of editors who are to be guided by fairness, balance and public interest in the correspondents' views.

Council adjudications: Editors are obliged to publish the substance of council adjudications that uphold the complaint.

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