News in brief - August 1995

D notices

The Australian Press Council is consulting editors about the current D-Notice system. These views have been considered by the Council at its meetings in June and July. As a result, the Council is drafting a submission for the Australian Government on the issue.

Professor David Flint, the Chairman of the Council, noted, in some preliminary comments, that while the system does not seem to be operating, it was always intended to be voluntary and the final decision whether or not to publish was to be left to the editor.

The Council will examine carefully any bill to give the D-Notice system a statutory basis. However, Prof Flint stated that in his view there was no apparent need for legislation:

"Indeed, legislation which would allow the censoring of information in peacetime on the grounds of national security seems incompatible with our democratic values. Such legislation could be unconstitutional and violate our international human rights commitments. Above all, the fundamental right of the Australian people to be informed must remain paramount as it is in comparable democracies."

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Case Studies Seminars

The Council has conducted three further case studies seminars. These sessions allow participants to simulate the Council's adjudication process, using case studies based on complaints ruled on by the Council.

Two sessions were conducted in Melbourne: one for editors and writers of tertiary student newspapers, held during the National Union of Students seminar for such students; the other to a group of potential reporters at Monash University, the Monash Journalists. Prof Flint conducted both sessions.

In Brisbane, in early June, Dorothy Ross, the Council's Vice Chairman, assisted by Col Burgess, David Cotton, Jack Herman, Judy Taylor and Roy Theodore, members (or alternate members) of the Council or of its staff, conducted a case studies seminar for journalists, academics, tertiary students and some members of the public, in conjunction with the Queensland University of Technology Centre for Media Policy and Practice. Approximately sixty people participated and the adjudications arrived at were largely the same as the Press Council's in three out of the four cases considered.

For more detail on case studies, see the Case Studies index page

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Press Council Fellow

Professor John Soloski from the University of Iowa spent July in Australia as the inaugural Australian Press Council Fellow. Having spent time at the University of Technology, Sydney, Prof Soloski, an expert in defamation law reform, visited Melbourne, Perth and Brisbane. UTS looked after him while in Sydney, where the Council co-sponsored two seminars, one on cross-media ownership and the other on defamation. Both were well attended and received strong press coverage.

(At the Sydney defamation seminar, the Hon. Gordon Samuels, President of the NSW Law Reform Commission, expressed some personal views on defamation law reform. He had yet to see proof of the "chilling" effect of libel law. He saw advantage in a separate fast-track declaratory remedy. This would rule on the truth or falsity of the matter complained of. In addition, he raised the possibility of a requirement that, in all cases, plaintiffs would need to prove the falsity of the defamatory material. Terence Tobin, QC, raised the potential relationship of this with the new constitutional defence established in Theophanous and Stephens. He asked whether it would be fair to require the plaintiff to prove falsity in all cases.)

In Melbourne, Prof Soloski spoke at a meeting of the Melbourne University Law School's Media and Communications Law Interest Group and to a combined journalism and law seminar in the city. The former was organised by Prof Sally Walker and the latter by Steve Foley (of The Age) and Peter Bartlett (of Minter Ellisons).

In Perth, The West Australian hosted his visit. He had at least two engagements there, one organised by the newspaper for its senior people and invited guests and the other by Malleson Stephens Jacques - to address its professional staff.

In Brisbane, Queensland Newspapers contributed towards his stay, while the University of Queensland and the Queensland University of Technology organised for Prof Soloski to meet and address journalism and law academics at their respective universities.

The Council hopes to invite international academics and media figures of similar standing to take up a similar fellowship in the future. Such trips will again be organised in conjunction with a tertiary institution and involve the Press Council Fellow travelling around Australia, addressing media and other audiences.

For more detail on APC Fellows and their reports, see the APC Fellow index page

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Bert Kelly Lecture

On 28 June, Council's Chairman presented a Bert Kelly lecture to the Centre for Independent Studies. His subject was "Public Figures and the Press". In his lecture, Prof Flint raised several questions:

Is it acceptable for the media to delve into the private lives of "public figures"? Does the media's role as a watchdog mean that we should know about:

• the alleged affairs of a President of the United States;
• phone conversations of the Royal Family;
• allegations of paedophilia made in Parliament; and
• whether an apprehended violence order has been taken out against a politician by his wife?

Are "public figures" fair game? And who is a "public figure"? If the media goes too far, what is the solution?

Prof Flint suggested that, as we debate changes to our Constitution, we ought to ask again what the public should expect from the media in a democratic society.

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Further Overseas Contact

Earlier in June the Chairman was invited to address the Editors' Conference of the New Zealand branch of the Commonwealth Press Union (where he spoke on "Freedom of Expression and the Responsibility of the Media"). Prof Flint then travelled to Montreal for the annual meeting of Canadian Press Councils. In Canada, there is no national body but a series of provincial press councils who meet regularly to exchange views.

The Australian Press Council maintains regular contact with other press councils and similar bodies, both through the World Association of Press Councils and by direct contact. Recent discussions have been held with various European and Asian Press Councils.

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Advice for Monarchists

Professor David Flint addressed a meeting of the Australians for Constitutional Monarchy in Sydney on 17 July. He suggested that the press had been fair in its coverage of the Republican debate but offered some advice on how to obtain better coverage:

• encourage the media to scrutinise all arguments;
• avoid exaggeration and excessive gloom;
• remember the opportunities that may be lost with a "minimalist solution"; and
• be entertaining and, consequently, newsworthy.

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Orders of Australia

Two members of the Council were awarded honours in the Queen's Birthday List: both the Chairman, Professor David Flint, and David Sommerlad, who represents Country Press Australia on the Council, were made Members of the Order of Australia.

The Council congratulates both these long-serving members of the Council.

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1995-6 APC Prize

The Council has announced the terms of entry for its 1995-6 award. In its first four years the Prize was generally awarded for the best thesis by a tertiary student on a subject related to the objects of the Press Council. In 1994, however, the Prize was awarded for the best essay submitted on a set topic (The freedom of the press and its responsibility) and both tertiary and secondary students were eligible to enter.

In 1995-6, the Prize will be awarded on a similar basis to 1994. However, the entry year will be altered to co-incide with the financial year. The topic for this year's Prize is:

Newspapers: A Voice for All?

Entries are invited in two categories:

1. Tertiary students (as at 30 June 1996), who will have a 2,500 word limit; and
2. Secondary students (as at 30 June 1996), with a 1,500 word limit.

Winners in each category will be selected by a panel of judges and the prizes of up to $1,000 will be awarded in each category.

The final date for receipt of submissions is: 30 June 1996.

At the request of the 1994 judges, the Council specifies that it would prefer entries that demonstrate some effort to research the topic and argue it seriously. It also requests that entries be typescript and double-spaced.

The Australian Press Council reserves the right not to award a prize/s.

INQUIRIES: The Executive Secretary
The Australian Press Council
303/149 Castlereagh Street
SYDNEY NSW 2000

Tel: (02) 261 1930
(008) 025712
Fax: (02) 267 6826

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