News in brief - August 2004

Australian Press Council Prize

The Australian Press Council Prize for 2004 has now closed. There were about 20 entries.

The essays are with the judges and an announcement of the winners will be made shortly on the website and in the November News.

That issue of the News will also carry details of the 2005 Prize.

More details are available on this website's Prize page.

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Status of unauthorised arrivals

On 18 June 2004, arising out of Adjudication No. 1242, the Council issued Guideline No. 262 which sought to assist the press in the terminology which might be used in reporting matters related to asylum seekers.

The Australian Press Council has received complaints about the terminology that is applied, and ought to be applied, to those arriving in Australia who do not have normal immigrant credentials. Technically in Commonwealth immigration legislation they are referred to as 'unlawful non-citizens'. However, they are often referred to as 'illegal immigrants', or even 'illegals'.

The problem with the use of terms such as 'illegal refugee' and 'illegal asylum seeker' is that they are often inaccurate and may be derogatory.

The Council cautions the press to be careful in the use of such unqualified terms in reports and headlines.

Like all of the Council advisories to the press on general aspects of reporting, this guideline has been posted to the Council website.

A letter from an officer of the Department of Immigration was received by the Council, taking issue with some of the advice in the guideline. The Council responded to the officer, with a copy to the Minister, suggesting that he had misinterpreted the adjudication and guideline.

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Press Council Research Grant

In May, the Press Council convened a meeting of University-based researchers in areas of interest to the Council. A dozen researchers outlined their current areas of research and discussed other areas which might benefit from research.

It was suggested that a grant of around $5,000 could be awarded as an annual prize to provide the incentive to develop proposals for further research in matters of relevance to the Council and the industry. It was also suggested that the Australian Press Council could contribute to research by assistance in kind, especially by providing access to media organizations, journalists, editors and media archives.

The Council's Chairman, Professor Ken McKinnon, agreed that the Council would take up with media organisations the question of the preservation of media company records and other important material which researchers might later have access to.

Professor Mark Pearson and Dr Eric Loo would liaise with Council Executive Secretary Jack Herman to produce an article for the News on current research, the outcomes of the meeting and on the JEA Network which Dr Loo co-ordinates. This could lead to a regular feature on current research in the News.

The participants agreed that an annual meeting of a similar nature would be beneficial, especially if there could be more input direct from the media organizations.

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On the Council

The Council has appointed Cheryl Attenborough as its new Public Member from Tasmania. She replaces Caroline Gale who retired at the end of June. Cheryl Attenborough is employed with the Department of Infrastructure, Energy and Resources. She works two days a week as Executive Officer, Physical Infrastructure, and three days as Principal Policy Analyst, Office of Energy, Planning and Conservation. Prior to her employment with the department, Cheryl worked in the private sector in education, retail and finance. Cheryl lives in Hobart, having moved to Tasmania some years ago, after living in South Australia and New South Wales. Her appointment, which followed interviews with a short list of candidates who had responded to advertisements in the Tasmanian daily newspapers, is for an initial three-year term.

The new representative of regional daily newspapers is Barry Potter, the Publishing Services Manager of Rural Press, Australia's largest publisher of regional and country newspapers. Born in England in 1952, he migrated to Australia with his family in 1962. His initial employment in publishing was with book publisher Jacaranda Wiley. He also did some freelance book and magazine editing before 1980 when he moved into rural journalism as deputy editor of Australian Canegrower. In 1984 he was appointed editor. In 1989 he joined Rural Press, in its Queensland division, sub-editing its rural publications, before editing Queensland Farmer. After a brief stint with New Zealand Rural Press, he returned to Queensland where he worked as an editor and sub-editor of various rural titles. In 2004 he transferred to Rural Press' Sydney headquarters to take up his current position. He was appointed a Council member in July 2004 for a three-year term.

His alternate is Ian Pech, the managing editor of The Warrnambool Standard. The company operates in south-west Victoria and publishes a daily newspaper, two weekly newspapers and a number of specialist publications. It is part of John Fairfax Holdings. Ian, 45, was editor of The Standard from 1992 to 2001. He previously worked as a journalist at The Advertiser, Adelaide , The Herald, Melbourne, The Ballarat Courier and at newspapers in Port Augusta, Port Pirie and Whyalla in northern South Australia. He was appointed an alternate member in July 2004.

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Uniform Defamation Legislation

In the May News, we reported on progress towards uniform defamation legislation with the states and territories working through the Standing Committee of Attorneys-General and the federal Attorney-General putting forward his own ideas for a new Commonwealth defamation law. In July, after consultation with the media and the legal profession, both released further drafts of their proposals. An article in this issue of the News looks in detail at the current drafts. The Council, which commends both parties for the progress made so far, will be making detailed submissions on the ideas contained and continuing to assist in the development of a uniform (or harmonised), and effective, national defamation regime.

see also
the index of material on defamation on this site.

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Submissions

In June, the Council made three submissions on developments which might impact on the freedom of the press to report matters of public interest and concern.

Access to court records

In commenting on the NSW Supreme Court's draft policy on access to court records, the Council argued that, in order to ensure that media reports of court proceedings are fair and accurate, it is essential that journalists have an opportunity to view all documents which are considered by the court in making a determination. In the absence of an opportunity to view such documents journalists are at a major disadvantage when attempting to comprehend and accurately report on court proceedings. In instances where journalists have been denied access to court documents the consequences may often be a misunderstanding of court proceedings and consequently misleading or factually incorrect reports of those proceedings by the media.

While the Press Council recognises that there are circumstances in which access to court records must be restricted in order to protect the rights of parties or witnesses, the Council is of the view that such restrictions should be applied only in the most exceptional circumstances and when absolutely necessary. In the absence of an order from a judicial officer restricting access for such purposes, the Council argues that court reporters should have free access to all documents which form part of the court record.

see also
the submission to the NSW Supreme Court
the index of material on courts and contempt on this site.

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Media Access to Police Radio

In a submission to the Crime and Misconduct Commission, the Press Council opposed the exclusion of the news media from access to the new, digital Queensland Police radio system. The Council argued that the monitoring of police radio by journalists makes a significant contribution to ensuring that the police service is accountable to the public. By scrutinising police activity the media provide the police with an incentive to behave with integrity and commitment. That scrutiny would be dramatically reduced if journalists were unable to monitor police activity by listening to police radio messages. The information which is disseminated by police media units cannot provide a satisfactory substitute for that which is currently derived from police radio, and relying on police media units facilitates the manipulation of the media for the purposes of propaganda.

The Council's Executive Secretary, Jack Herman, and its Policy Officer, Inez Ryan, appeared before the commission at its public hearings to discuss the submission and the press' responsible use of information gained from monitoring police radio.

see also
the submission to the CMC

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Confidential Information

In a submission to the Senate Legal and Constitutional References Committee, the Council recognized the necessity of legislation to address the issues which arose in the Lappas case and acknowledged that the National Security Information (Criminal Proceedings) Bill 2004 sought to make a compromise between the need to protect security sensitive information and the importance of a fair system of justice in which the court retains a significant level of discretion. However, the Council had concerns over certain aspects of the proposed legislation, in particular the broad scope of the definition of "national security", and the potential for the bill to restrict the public's right to be informed in relation to matters of legitimate public concern. The Council is also concerned that the bill, in its current form, may be unfair to defendants. The Council proposed several amendments to the bill which aim to address these concerns, including a revised definition of "national security", the insertion into the bill of an offence for issuing a certificate for inappropriate purposes, and defences for disclosure of information in the public interest.

The Council's Policy Officer, Inez Ryan, appeared before the committee at its public hearings to discuss the bill.

see also
the submission to the Senate Committee

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Media coverage of Parliament

The Council's Chairman was invited to participate in a round-table discussion with the House of Representatives' Standing Committee on Procedure which was reviewing, among other things, the rules on media coverage of the House's proceedings. Professor McKinnon noted the ban on photographs in the House of those without the call, restrictions on photographs of apparently newsworthy stories, such as the presence of an intruder on the floor of the House and of demonstrations in the Gallery. He put the case for more openness and for the House not to be too arbitrary with its rules on photographs.

In an interim report the committee recommended some changes, including expansion of the opportunities photographers in the Press Gallery would have to take images in the House.

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Editors' forums

The Council's Chairman, Professor McKinnon, and Vice Chairman, Professor H P Lee, met in Hobart with the editors of the three Tasmanian dailies in June to discuss matters of mutual interest and to get feedback on the success or otherwise of the Council's complaints handling mechanism. Similar forums will be held with editors of metropolitan, regional, suburban and country newspapers in Perth in late August; in Townsville in September; in Melbourne and Adelaide in mid-October; and in Sydney at a date to be confirmed.

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Public Right to Know conference

The Council's Executive Secretary is to deliver a paper on reform of the freedom of information laws and practices at the Public Right to Know Conference in late August at the University of Technology Sydney. That paper will address aspects of the recent appeal by The Australian's Michael McKinnon against conclusive certificates issued by the Treasurer, Peter Costello. An article analysing that particular case starts on page one of this issue.

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Mediations

The Council office tries to solve matters by direct contact with the publication concerned. This often leads to a settlement of the matter satisfactory to both parties. On rare occasions, a Public Member of the Council will convene a face-to-face mediation, by agreement with the parties. Below are some examples of the matters recently settled in these ways.

• A Sunday metropolitan newspaper published an article about a shooting of a young mother. The complainants were the woman's elderly neighbours. They had requested they not be identified as they were concerned with the possibility that the gunman may return. The paper, however, published a photograph of the couple. The paper explained that there was a breakdown in communication between its staff at the scene and the editors; expressed its deep regret to the complainants for its actions; and removed the photograph from its Internet site. This satisfied the couple.
   
• A metropolitan newspaper published a review in its travel section, which the complainant believed had maligned an 'illustrious' relative. The paper subsequently published a long letter from the complainant in defence of his great-uncle's reputation.
   
• A regional daily newspaper published an article in the lead-up to a local government election. The complainant, who was a candidate at the election, believed the article had an adverse effect on his electoral chances. The complaint was mediated by a public member of the Press Council. The paper promised to make further inquiries into the dispute. If the paper finds that the complainant was treated unfairly, it has undertaken to publish a report placing both sides of the dispute before the public.
   
• A magazine published an article in which the author used a throw-away line making reference to a certain disability. The complainant's son has the disability referred to, and was offended by such a reference. The editor personally apologised to the complainant, sent him a letter of apology, and published the complainant's letter to the editor to which the magazine appended an editor's note of apology.
   
• A Sunday metropolitan newspaper published an article on Israeli-Palestinian conflict. The complainant believed that the article vilified Jews. An edited version of the complainant's letter to the editor was published. The paper also published a correction, both in the newspaper and on its Website.
   
• Another Sunday metropolitan published a court report regarding a relative of an entertainer. The complainant drew a number of inaccuracies to the Press Council's attention. The paper agreed that the report contained inaccuracies, and offered to publish a correction. The parties agreed on a form of words, which was subsequently published.
   
• A national newspaper published an article on alleged corruption within a specific industry. The industry group complained that the article was inaccurate and unfair. The paper published a retraction of the inaccurate material, invited the complainant to submit a letter for publication, and offered a letter signed by the editor that acknowledged the error.
   
• Two metropolitan newspapers falsely reported the contents of a leaked email. The complainant, a business mentioned adversely in the article, sought a correction of what it saw as unfair implications. A mediation was conducted by the Executive Secretary. The parties agreed to the publication of a clarifying note on the papers' websites, attached to the archived copies of the article. A similar note was also attached to the internal electronic library file.

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