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Complaints not adjudicated: 2000-2001
Mediated or withdrawn
The resolution of some complaints is gained by an acknowledgment of the complaint by a publication. Others through face-to-face mediation. 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. In recent times a second level of mediation has been introduced. Where both parties are amenable, Public Members of the Council can convene mediation sessions after the publication has responded to the complaint but before it is referred to the Council for adjudication. Complaints withdrawn after correspondence comprise 24.1 per cent of the total, and those mediated 20.3 per cent. Details of such complaints are published in the quarterly APC News.
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Refused as inappropriate
The acceptance of complaints is based on a prima facie breach of one of the Press Council's principles. If the Executive Secretary believes no breach has occurred he will refuse the complaint, explaining why the complaint has not been accepted for processing. He did so in the following examples.
- Two metropolitan newspapers published Nova Peris' comment that Mohammed Ali was "the greatest". The complainant refuted the comment, arguing that others could better lay claim to that title. The comments were published six months prior to making the complaint. It was therefore outside the three month time limit. Additionally, the reports were clearly the opinion held by Ms Peris. It is not a breach of principles to publish a prominent person's opinion on a matter of controversy.
- A complainant objected to an article appearing in a country newspaper. The article described the marketing advantages of a product, its availability and price. The complainant believed that the article was an advertisement disguised as news. The Executive Secretary did not consider the article to be an advertorial. He advised the complainant that a newspaper is entitled to report on matters of interest to its readers. Sometimes those matters are of a commercial nature, as the opening of a new business in this case.
- The media officer for a mayor complained that the local paper had refused her copy. The editor's view was that the copy was boring and unoriginal. The complainant was informed that a newspaper is entitled to set parameters within which it will accept copy for use in its newspaper. Additionally, an editor is both legally and ethically responsible for what goes in her newspaper.
- A couple felt it was unnecessary for their names to be mentioned in the real estate section of a metropolitan newspaper. They complained that by such publication their privacy had been invaded and their security compromised. The complaint was refused as the price paid for, and the names of the owners of, the property were matters of public record.
- A complainant thought the stock market results published by a national newspaper needed improving. He complained that they were in too small a type-set and lacked detail. He was informed that his complaint lie outside the Council's remit.
- A website article offended a complainant, who believed it condoned illegal drug use. The Press Council will accept complaints about material on the websites of its Constituent Bodies. The website complained about was not one of them. The complainant could not be referred to the ABA as its internet jurisdiction covers only complaints about obscenity.
- A complainant's brother had committed suicide two years ago. The mother of the dead brother's child subsequently had its paternity confirmed after a court allowed the brother's DNA to be tested. The report on the court case mentioned the brother's suicide. The report caused a great deal of trouble as only the immediate family knew the facts. The rest believed that the brother had died in his sleep. The secretariat sympathised with the pain suffered by the family through the matter being dragged into the public arena. However, the fault (if any), lay with the plaintiff in the paternity suit and with the court in question, not the newspaper.
- A translator wanted an ethnic newspaper to credit his translation. As the complainant was an employee of the newspaper, and listed as such in the paper's colophon, there was no question of unethical behaviour by the newspaper.
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Write a letter
The secretariat sometimes re-iterates the Council's advice that prompt publication of an appropriate letter to the editor can often bring a quicker and more satisfactory solution than a formal complaint to the Council. (Adjudication No. 575) The following complainants were advised to write a letter to the editor, and given additional advice where appropriate.
- The 'bits and pieces page' of a large circulation newspaper published a drawing of, and instructions on, a sexual position. The complainant found the article entirely objectionable. The secretariat noted a previous adjudication which states that "If a newspaper item is found offensive by some people, that is not sufficient grounds on its own to condemn the publication." (No. 534)
- A serial killer, and current guest of Her Majesty, made a complaint about an article appearing in a metropolitan newspaper. The article contained the story of one of the complainant's victims who alleged he had stalked her. The complainant rebutted the statements made in the article, and sought a full apology. The secretariat suggested the complainant offer his side to the story.
- A cartoon appearing in a metropolitan newspaper was viewed by a complainant as "nothing less than treason". The complainant was sent copies of past adjudications on cartoons, noting in particular that "Cartoonists have always enjoyed a certain licence. They generally have freedom of choice about the subject of their cartoons." (No. 125).
- A regional daily published an anonymous letter to the editor on a highly emotional local issue. The letter was critical of residents of a specific street. The complainants resided in the street. They wanted to know why the paper published such a letter, especially when it knew the letter contained inaccuracies. The complainants were advised that the Council has recognised that newspapers can print letters but withhold the name of the writer in some circumstances. They were also directed to past adjudications (for example Nos. 619 and 724) where an opportunity for reply should be offered by the paper.
- A metropolitan newspaper published an article based on a year-long research into brothels. The female complainant objected that the photographs and text glamorised prostitution, and that the article went into inappropriate detail of a prostitute's activities.
- Another metropolitan newspaper reported a court case involving paedophilia. The complainant was extremely offended by specific details in the report. The secretariat sent the complainant past adjudications on court reporting, and noted the right of newspapers to report open court hearings, even those where sensational evidence is adduced (Nos. 488, 664 and 913).
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Legal waiver
The Press Council does not require every complainant sign a legal waiver. This request is made of complainants only in instances where the Executive Secretary considers a complaint could be the basis for legal action against a publication. If the complainant has no wish to sue the publication, they will sign a legal waiver and proceed with their complaint through the Press Council. Others choose to pursue a publication through the courts. The backgrounds to some of these latter complaints, where complainants declined to sign a legal waiver, are listed below.
- A public servant complained about an article on a car accident. He believed that the article was entirely untrue, was a damaging version of events, and had caused irreparable damage to his credibility and reputation. He also criticised the paper for not giving him an opportunity to respond to the article.
- A proponent of an unusual pastime was asked for comments on the risks involved in his sport. He granted the interview on the basis that he remain anonymous. The resulting article named the complainant. He contended that the paper, and its reporter, used fraudulent measures to get their story.
- A newspaper published a copy of a letter sent by a reader to a local sporting association. The complainant had no qualms about his name being printed, but was incensed that his actual signature was also published. He believed that his privacy and security had been breached.
- A male editor, in his column, made sexist and crude comments about a female journalist employed by an opposing publication. Both publications were from the ethnic press. The complainant wrote that the article was vexatious, malicious, was written to cause pain and suffering, and that it had destroyed her reputation.
- An insider from a government body leaked a letter to the local paper. The letter was written by another employee, and was critical of her immediate superior. The complainant noted that she was unaware that her letter had been leaked; that its publication had embarrassed her; and that her position with her employer had been severely jeopardised.
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Referral to another body
The Press Council, and its promotions committee, has been working hard on increasing its public profile. As a result, there is an enhanced awareness of its role, and its jurisdiction. This year, only 3 per cent of complainants were advised to direct their complaint to another body. This figure compares favourably with 4.2 per cent last year, and an average of 6 per cent over the previous 12 years. Listed below are three examples of complaints referred to another body:
- A journalist from a women's magazine approached a complainant for an interview. She agreed to the interview on the basis that her (unusual) first name was not published. The journalist gave her such an assurance. Her name was subsequently published. As the complaint was directed solely at the journalist, the complainant was advised to refer the matter to the Media Entertainment & Arts Alliance.
- A voter considered that a political ad, placed in a newspaper during an election campaign, was misleading. The complainant was referred to the Electoral Commission.
- A complainant's daughter lost her life in unexpected and tragic circumstances. The father wanted the death notice to be placed in a specific day's edition as that day's circulation was greater than the others. Despite promises, the notice was not published on the requested day. The complainant was referred to the ACCC.
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View the details of complaints not adjudicated for each of the following years:
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