APC News
 
August 2006 - Volume 18, No.3

Changing procedures

Following its Planning Day in 2005 and discussions with its Constituent Bodies, the Australian Press Council has decided to alter some of its procedures in order to facilitate a speedier resolution of complaints and to ensure that publications respond quickly when immediate redress is required.

The Council has recently written to the editors and editors in chief of metropolitan, country, suburban and regional newspapers, as well as the major publishers of magazines to update them to some changes in policy and procedure that will affect the way in which complaints are processed by the Council.

There are a number of changes in the way the Press Council is going to handle complaints from now on. These changes arise from discussions at last year's Planning Day and a May 2006 meeting with the Constituent Bodies of the Council. The members of the Press Council and the senior representatives of the industry have endorsed these changes, aimed at speeding up the processing of complaints and at trying to settle as many complaints as possible at an early stage in the process. The Council has also reprinted its information booklet sent to complainants and it is available free of charge from the Council's office. It is also available on-line at the Press Council's website in pdf format .

The timely handling of complaints.

The Council has agreed to cut the previous three-month time limit on the lodging of complaints to 60 days. That means that, except in exceptional circumstances, complainants need to lodge the complaint with the Council within 60 days of the initial publication of the material cited.

Once the complaint has been lodged, the Executive Secretary has been instructed to ensure a two-week turnaround of documents (from both the complainant and the publication) in most circumstances. This means that he will be setting time limits for a response to a complaint, or to any other correspondence, and that, where an extension of time is needed in special cases, the Council must receive such advice within the time limit. The two-week limit also applies to letters asking the parties whether they want, or will agree to, mediation. Failure of a complainant to meet the timetable without good reason will mean that the complaint will be considered withdrawn; failure of a publication to respond in due time will mean that the complainant will have the option of referring the complaint direct to the Council, without the publication having the benefit of a response.

Additionally, the Council is seeking that complainants lodge succinct complaints, centred on the main thrust of the complaint and that extraneous material is excluded. The Executive Secretary has been given a greater discretion to seek the re-lodging of complaints that do not meet these criteria. He has also been instructed not to allow the correspondence to continue past the point where both parties have had the opportunity to respond to the other.

The Council will review the pending complaints list regularly to ensure that 'old' complaints are cleared up quickly.

While noting that publications have been meticulous in observing the Council's requirement that all complaints dealing with them be publish promptly and will appropriate prominence, to facilitate publication of the complete finding, in the Council's own words, it has also decided that adjudications should be more concise, with an outer limit of 350 words, and then only in the most complicated cases. Findings will concentrate more on the adjudication and the reasons for it and less on a reiteration of the complaint and the defence.

Changes in the way the Executive Secretary will handle complaints when first received.

The key decisions emphasised the need for prompt resolution of complaints, including a more active role for the Executive Secretary. In particular, where a publication has printed material that in his experience is very likely to lead to a complaint that will be upheld, the Executive Secretary has been requested to take the initiative to advise the publication on prompt redress inititatives that it should consider, ahead of a formal handling of the complaint. Of course, the Council believes that the commitment to accuracy, to authoritative reporting, which ought to be a hallmark of all publications, should often lead to the paper itself taking the initiative. But where there remains a possibility of an early and amicable settlement of the matter by the publication of additional material, or by other means, the Executive Secretary will contact the editor (or the publication's designated representative) to discuss the possibilities of such a settlement.

Publications are aware that the possibilities for resolving problems are not limited to the offer to publish a letter, but might include measures such as a balancing article, a correction notice, a published explanation, or formal mediation. As part of his interaction the Executive Secretary has been requested to suggest appropriate placement and the prominence of any published responses and to negotiate with editors about them.

Review

The Council has sought the cooperation of newspapers in the introduction of these changes and will be reviewing their success. The Council's complaints processes offer an inexpensive and efficient method of resolving complaints. These changes should make them much more timely.

JACK R HERMAN

see also
information booklet
How to make a complaint - overview

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