Guidelines on complaints procedure

The Australian Press Council considers news reports, articles, editorials, letters and images (including cartoons) published in Australian newspapers and magazines, and on cooperating websites.

Complaints to the Press Council are treated as being against the publication, not any individual journalist or editor.

Complaints must be lodged within sixty (60) days of the initial publication of the material complained against. The Council will only consider waiving this requirement in special circumstances.

The normal procedure is as follows:

1. Dealing with the publication direct

You should first seek to contact the editor or a senior editorial executive of the publication, outlining your concerns and the amends or redress you see as required. A reasonable approach from both parties can often bring a quick and satisfactory solution to a complaint.

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2. Lodging a complaint

If you cannot obtain satisfaction in this way, you may complain to the Press Council. Complete the complaint form (either on-line or available from the secretariat). Explain the thrust of your complaint in no more than 400 words. Attach a legible copy of the material complained against (preferably a legible scan of the actual article). In the case of website publication, you will need to provide the web address (URL). Also include copies of any correspondence with the publication. Unless there are special circumstances, complaints should come direct from the affected party (see note 1).

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3. On receipt of a complaint by the Council.

The Executive Secretary may seek from you further details of the complaint.

If the complaint could be the basis for a legal action against the publication, it will be necessary for you to decide which route to take. The Council is an alternate to legal action so, if you decide to proceed through the Council, you will need sign a document waiving your legal rights before the Council will accept the matter for processing (see note 2).

The Executive Secretary will refuse matters that arrive after the 60-day time limit or are outside the Council's remit, eg complaints about advertising or the electronic media. He has also been instructed to decline a complaint if it does not raise a significant breach of the Council's principles; if it could lead to a further invasion of the privacy of a third party; or if it is largely trivial or frivolous. If you provide further information, or contest the Executive Secretary's decision, the Council's Complaints Committee will decide whether or not to accept the complaint.

If the Executive Secretary considers that a conciliated settlement is possible, the complaint will immediately be referred to the publication, with a request to consider what action it might take to redress the matter. You are strongly urged to respond promptly if the publication seeks to discuss the complaint with you. Many complaints are amicably resolved speedily in this informal way. If, however, the publication has not responded to the secretariat within two weeks, the secretariat then deals with the matter formally, as outlined in section 4.

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4. Complaint referred to publication for comment

If the attempt at a negotiated settlement fails and/or the Executive Secretary accepts the complaint for processing, it will be sent to the publication for a formal written response.

Once a matter is accepted for processing, copies of all communications received from the complainant are sent to the publication, and vice versa.

The complainant is given an opportunity to comment on the publication's response. If such comments are received, they will be sent to the publication to make its final response to the Council. The procedure thus allows each party two opportunities to state its case and/or comment on the other party's claims.

Publications and complainants have a maximum of two weeks to respond to Council communications. If no contact is made, or responses are not received, within these time limits, the Council will normally treat the complaint or defence as abandoned, depending on the party in default.

On receipt of a publication's response/s, the complainant can:

• let the matter rest;
   
• ask for a face-to-face conciliation of the complaint conducted by a member or officer of the Council (complaints are often successfully conciliated by this means);
   
• if the option of conciliation is rejected by either party, or is unsuccessful, refer the matter to the Council for adjudication; or
   
• rejecting any attempt at conciliation, immediately refer the matter to the Council for adjudication.

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5. The Complaints Committee

When a complaint has been referred to the Council, the Executive Secretary arranges for the complaint to be considered at the next meeting of the Complaints Committee. For the sake of fairness, the Council does not accept any further written material from either party after the two exchanges, other than in exceptional circumstances approved by the Chairman.

It is desirable for both parties to be present at the Committee meeting. Alternatively, if personal attendance is not convenient or feasible, the Council expects that either or both of the parties, as necessary, will make themselves available by teleconference to facilitate input to the Committee and to answer Complaints Committee questions.

Legal counsel may not appear as a representative of either party. The meeting takes the form of an informal discussion. There is no formal evidence taking. (See the Guidelines on attending the Complaints Committee, published separately.)

When the parties leave, the Complaints Committee prepares a draft adjudication that it recommends to the Council.

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6. The Council adjudicates the matter

The Council considers the Committee's oral report on any attendance and the draft adjudication. It makes a decision on the complaint (that may differ from the recommendation made by the Committee) and produces the final adjudication.

In its adjudication, the Council may uphold all, or some specified parts of, a complaint or it may dismiss all aspects of the complaint. Alternatively, it may simply express an opinion on the matter.

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7. The adjudication is sent to the parties.

It is the Council's practice to embargo general publication of adjudications for a few days to ensure receipt by all parties and to enable the publication concerned to fulfil its obligation to publish first.

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8. Reviews

There is no appeal from a Council adjudication. The Council will review a decision if a party can show to the Council's satisfaction that the decision was based on a material error of fact, or there has been a demonstrable procedural unfairness. (See note 3)

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9. Publication in the affected newspaper or magazine

The adjudication is published by the newspaper or magazine complained against, promptly and with due prominence. (See note 4 and note 5)

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10. Publication by the Council

The Council publishes all adjudications in its quarterly Newsletter, in its Annual Report and on its website.

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Notes

1. The lodgement of complaints by lawyers or PR people acting on behalf of a client: Complaints are sometimes lodged by lawyers or PR people acting on behalf of clients. Except in extenuating circumstances, the Press Council does not accept their involvement in the complaints procedure, which is designed to be an inexpensive, non-legal redress for readers of newspapers, magazines and online news sites. After the receipt of a complaint lodged by a lawyer or PR person acting for a client, the secretariat will request that the professional ensure that the correspondence is passed on to the complainant and that the latter be responsible for dealing with the matter.

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2. The Council seeks a waiver because it sees itself as an alternative, not a complement, to the courts. There are two other reasons for seeking a waiver: because if it did not in processing the complaint or publishing an adjudication the Council might inadvertently deal with matters that are sub judice; and because parties cannot be expected to provide information and co-operation if this might prejudice their position in legal proceedings. A potential complainant will be sent the necessary document and it is advisable to think carefully about the implications of the waiver and, if necessary, seek legal advice before completing it. In some cases, the Executive Secretary will also seek the publication's advice on whether there is a perception of a possible legal action on the matter.

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3. When there is a request for a review, the matter is handled in the first instance by the Council's Chairman. Where it is clear to the Chairman that there are no cogent reasons for a review, other than simple disappointment at the decision, the Chairman will, without further ado, refuse the request. Where the Chairman forms the opinion that there are cogent reasons that would possibly lead to a modification or reversal of the Council's determination, the matter will be referred to the next meeting of the Complaints Committee, which will make a recommendation on the matter to the Council.

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4. The Council does not require that the adjudication be printed verbatim but requires that, where edited, the conclusion and spirit of the adjudication remain clear and unchanged. It does not prohibit publications from adding separate editorial comments on the adjudication.

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5. At each Complaints Committee meeting, the committee reviews the printing of adjudications in the publications concerned in the previous meeting's determinations. If the adjudication has not been printed in the publication affected, or the committee believes that the publication has misrepresented the finding or not printed it with due prominence, it can recommend to the Council appropriate action in the circumstances.

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