Here are some questions that the Council might ask, applying the first impression test where appropriate. This test has been described as "the initial gut reaction of the average reader on reading the article for the first time".

1. Is the piece a clearly labelled comment or opinion piece? Comment pieces should be marked as "commentary", "comment" or some similar label. Matters clearly labelled "comment" or "opinion" are easy to distinguish. If they are not so labelled, how clearly are they distinguished as commentary, rather than report?
2. Does the matter appear on the op/ed or opinion pages? If the item appears on the op/ed page or on a page marked "opinion" or "comment", the presumption should be that they are commentary, not news reporting.
3. Is it published as a 'straight' news report? If so, are the comments clearly distinguished from the report aspects of the article?
4. Does the article accompany a 'straight' news report? Problems emerge when 'well-known commentators' write a comment on a matter that is the subject of a separate, and simultaneously published, report but the comment is not so marked. However, it is usually clear to the reader which item is the report and which is the commentary on the report. Is it clear in this case?
5. Is the matter a 'color' piece providing background to a news report? If so, are facts and opinions clearly distinguished? Should such pieces be judged on the standard applied to reports or on the standards applied to comment (if different)?

Having asked the questions and categorised the piece, it then needs to be judged by the Council's usual standards for comment or report.