Guide to completion of the Press Council's Complaint Form
(Answers to some frequently asked questions)

This guide can be used whether completing the online complaint form or the printable (pdf) complaint form.

1. What can I complain about?

Any article (not an advertisement) in a commercially produced periodical published in Australia, or any cartoon, illustration or image accompanying any article. The material can be published in a periodical or posted to a website operated by a Constituent Member of the Press Council.

Article can mean either a news report or a commentary on a news report. Such commentary includes articles, editorials and cartoons.

Advertisement: You cannot complain to the Press Council about an advertisement or any material clearly marked as an "advertising feature". But the Council will accept a complaint about advertising when the promotional material is disguised as editorial material (see the Council guideline on "advertorials").

Commercially produced refers to the nature of the periodical. If the publication is primarily available only to members of an organisation, and not to the public generally, then complaints need to be lodged with that organisation. For this reason, the Council will usually not deal with the magazines of motoring organisations or those produced by, for example, student associations.

Periodical means that the publication has a regular schedule for printing. The Council will not deal with one-off publications.

Websites: The Council is primarily concerned with the print media. It has, however, resolved that, in respect of its publisher members, it will deal with relevant material whether it is in print or on the publisher's website. The Council has no mandate to oversee the websites of individuals or organisations not affiliated with it.

Constituent Members: A list of the current Constituent Members is contained in the Schedule to the Constitution, published on the Council's website, or available from the Council. If you are unsure whether a particular community, regional or country newspaper is affiliated with the Council through membership of the appropriate association, contact the Council secretariat.

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2. Who can complain about invasions of privacy?

Only directly affected individuals can lodge a complaint under the Privacy Standards for the Print Media. The federal Privacy Act has an exemption for the media organisations practising journalism. Ironically, the Press Council, which administers the standards for the print media, does not qualify for an exemption. That means that, if the handling of a complaint were to lead to an invasion of a person's privacy, the Council would be subject to a complaint to the Privacy Commissioner.

Subscribing organisations: A list of the media organisations that subscribe to the Privacy Standards administered by the Council is published on the Council's website, or is available from the Council ofice. That list includes a number of organisations that are not Constituent Members of the Council. The only major publisher not currently subscribing to the Standards is ACP Magazines. Because it is a part of an organisation that also includes electronic media, it has developed its own set of standards.

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3. When can I complain?

Complaints need to be lodged with the Council within sixty (60) days of initial publication. The Council will only consider requests for an extension of this time in special, rare circumstances.

Initial publication: This is the date of the publication in a periodical or its first posting to an organisation's website.

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4. Complainant information

The Council can only accept complaints where the complainant provides name and full contact details. The Council will not act on behalf of anonymous complainants, nor those who will not disclose where they live. The provision of email or fax contact details will speed up the processing of the complaint.

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5. Publication information

The Council generally considers complaints about specific articles in specifically named publications or websites. The more detail that is provided on the specifics of the publication, the easier it is for the publication and the Council to ascertain the exact nature of the complaint. For example, newspapers change articles between editions and the complaint might be about a particular version of an article, the date and headline help track down the edition.

In most cases where the complaint is about an illustration or image, the Council needs the article as well as the image, because it judges such images/illustrations in their context.

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6. Main thrust of the complaint

While the complaint may have many different dimensions, the Council is interested in the main issue/s that concern you. By summarising your complaint in 400 words or fewer the publication will be better able to respond to what you see as your concern and, if called upon, the Council will be better able to adjudicate on the issue/s that most concern you.

Note: Many members of the Council have noted in debate on complaints that rambling and discursive complaints are less likely to be upheld. What the Council seeks is a clear expression of the complainant's concerns.

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7. Direct association

Unlike comparable overseas bodies, the Council generally allows disinterested people to complain about matters, where important issues affecting the print media are raised. The exception is in the case of alleged breaches of the Privacy Standards as noted above. In cases where the complainant is not a directly affected party, the Council seeks reasons why it should deal with the matter.

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8. Contact with the publication

In most cases, the Council believes that contact with the editor or chief of staff of the publication (and not the journalist involved) can lead to an amicable settlement of concerns. It recommends that such an approach be made before a complaint is lodged. In some cases, where time may be a factor, complainants can lodge a complaint with the Council at the same time that they contact the publication, by copying the Council in on the correspondence. In those cases, the Council can add its weight to the attempt by the complainant to reach a negotiated settlement with the publication.

Note: If you have not contacted the publication, you need to explain your reasons for refusing so to do. In the cases of alleged invasions of privacy, it may be to avoid further such breaches. But this needs to be explained.

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9. Principles breached

Complainants are directed to the Statement of Principles and the Privacy Standards, both of which are published in the information booklet.

The Council asks complainants to specify the principles or standards allegedly breached. Do not try to number them all but confine yourself to those principles or standards that address the issues raised in your complaint. The following may provide guidance for you in deciding which Principles have been breached:

Was the story in whole or in part factually incorrect? (Principle 1)
Did the publication fail to contact you (or other known source/s) for a story when you had relevant information? (Principle 1)

Was published information about you or your group harmfully inaccurate? (Principle 2)
Has the publication failed to neutralise the damage by publication of subsequent, balancing material? (Principle 2)

Was news presented in a dishonest or unfair way? (Principle 3)
Did the material result in an unjustified invasion of your privacy? (Principle 3)
Was the article based on rumour or unconfirmed reports? (Principle 3)

Was misrepresentation by the publication, or an employee of it, involved in obtaining material used in the article? (Principle 4)
Was there a breach of confidence by any reporter or editor? (Principle 4)
Did any reporter or editor break a promise to you? (Principle 4)

Were facts and opinions mixed in a way that meant you could not tell which was which? (Principle 5)
Has there been suppression of relevant information? (Principle 5)
Was a misleading impression created by a headline, picture caption or the layout of the article? (Principle 5)
Was there an undisclosed conflict of interest for the reporter or publication? (Principle 5)
Was there an undisclosed alteration of an image? (Principle 5)

Was there publication of unexplained, unjustifiably offensive material? (Principle 6)

Was there an unjustified over-emphasis on any of the following: race, religion, nationality, colour, country of origin, gender, sexual orientation, marital status, disability, illness, or age of an individual or group? (Principle 7)

Did the publication fail to include balancing facts or information? (Principle 8)
Where you or your group were the subject of unjustified criticism, did the publication allow you the opportunity to respond by letter or follow-up article? (Principle 8)

Note: Principle 9 cannot be breached until after an adjudication has been issued.

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10. Privacy Standards breached

The following may provide guidance for you in deciding which Privacy Standards have been breached:

Did journalists or editors fail to identify themselves? (Standard 1)
Did they behave in a disrespectful way or fail to observe your right to privacy? (Standard 1)
Was the matter unrelated to a matter of public interest? (Standard 1)

Was the material used gathered for another expressed purpose? (Standard 2)
Was too much information about you disclosed in the article? (Standard 2)

Was the material used inaccurate or out-of-date? (Standard 3)

Did the publication allow unauthorised access to information about you? (Standard 4)

Did the publication reveal your identity when it had promised confidentiality? (Standard 5)

Did the publication fail to take steps to allow you an appropriate opportunity to respond? (Standard 6)

Were you exploited by the publication as a result of your involvement in a public event? (Standard 7)
Did a journalist or editor fail to terminate an interview when requested to do so? (Standard 7)

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11. Complaint not covered by Principles or Standards

If the main thrust of your complaint is not covered by the Principles or Privacy Standards, briefly explain the nature of it and give a reason why the Council should still deal with it. The non-publication of material is one area where the Principles are not explicit but where the Council will, in some circumstances, accept, and deal with, complaints.

It may be that your complaint is of a more general nature. This is where you can explain why you think that the Council should take it up and deal with it.

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12. Do you need more room to make your case?

As noted above, the Council prefers concise and cogent explanations of reasons for complaint. However, if there is insufficient room on the form for your material, please provide the additional information and attach it to the form.

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13. Information to be supplied

In addition to the form, you must send to the Council the page/s on which the article/item complained of was published (or a readable copy of the page/s) and all correspondence sent to the publication in support of your complaint. If you cannot email them, send them by mail or fax to the Council.