Guidelines on complaints procedure

The Australian Press Council deals primarily with complaints about the mainstream print media. The Council is concerned with news reports, articles, editorials, letters and images (including cartoons) in newspapers and magazines and complaints arising out of their publication. (Complaints about advertising, the electronic media and individual journalists should be directed to the bodies established to deal with them.)

The Council deals with

• complaints against newspapers, magazines or periodicals printed or published in Australia, whether or not the publisher belongs to an organisation affiliated with the Council (although the Council may not deal with a complaint about a publication which is limited to a small, private circulation); and
   
• complaints about news reports, and commentary on them, published on the websites of the Council's publisher members (see Schedule).

If a publication ignores communications from the Council concerning a complaint, the Council proceeds as best it can in the circumstances.

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

The Council may vary its procedures at any time, either generally or in relation to a particular case.

The Council is guided by a desire to provide all parties with an adequate opportunity to make a complaint or respond to it. The Council places a strong emphasis on speedy, informal resolution of complaints, wherever possible. Its more formal processes come into operation only when informal methods are unsuccessful or, occasionally, inappropriate. The Executive Secretary is available to answer enquiries by mail, email, fax or telephone at the Council office.

Generally, complaints must be lodged within sixty (60) days of the initial publication of the material complained of, though the Council may waive this requirement in rare special cases.

The Council prefers to deal with complaints about specific matters but has recently determined that it will deal with more general complaints about the print media if such complaints are supported by particular examples of the matters complained of.

Complainants will be kept informed by the Secretariat of the progress of a complaint.

The normal procedure is as follows:

1. Dealing with the publication direct

If you object to an article, editorial or illustration published in a newspaper, magazine or periodical (or in the on-line news provided by a publisher member of the Council), you should first contact the editor or a senior executive. A reasonable approach from both parties can often bring a quicker and more satisfactory solution than a formal complaint, perhaps by way of explanation, publication of a letter to the editor, or a correction.

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2. Lodging a complaint

If you cannot obtain satisfaction in this way, you may complain to the Press Council. Take a cutting or clear photocopy of the material to which you object. You should name the newspaper(s) or magazine(s), state the date(s) of publication, page number(s) and, in the case of major metropolitan newspapers, the edition. In the case of website publication, you need to provide the URL of the published material as well as, where appropriate, a hard-copy version of the material. (Errors in one edition/iteration may be corrected in subsequent ones).

Explain the main thrust of your complaint in about 400 words, if possible, either in a letter or by completing the Council's on-line complaint form. (Even when not provided initially, complainants are encouraged to complete the Council's complaint form, so that the Council has a better idea of what the complainant sees as the main areas of concern.) Send the letter, cutting or photocopy, and additional material necessary to support your complaint, to the Executive Secretary by post, fax or email at the Council office. Parties are asked to ensure that all correspondence is as succinct as possible.

If you are making the complaint more than sixty days after the initial publication, explain the delay, and give reasons why yours is one of those rare, special cases where the sixty-day guideline should be waived.

Note on the lodgement of complaints by lawyers acting on behalf of a client: Complaints are sometimes lodged by lawyers acting on behalf of clients. Except in extenuating circumstances, the Press Council does not accept the involvement of lawyers in the complaints procedure which is designed to be an inexpensive, non-legal redress for readers of newspapers and magazines. After the receipt of a complaint lodged by a lawyer acting for a client, the secretariat will request that the lawyer 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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3. On receipt of a complaint by the Council.

(i) Negotiation

In many cases, the Press Council is able to negotiate a settlement to the complaint. If the Executive Secretary considers that a settlement may be possible, the complaint will immediately be referred to the editor before it is formally processed. You are strongly urged to respond if the editor seeks to discuss the complaint with you. Many complaints are amicably resolved during this preliminary stage. If the publication has not responded to the secretariat within two weeks of the approach on a settlement, the secretariat will proceed to deal with the matter formally. This time limit is revisable in the case of non-daily publications or those with limited staff.

(ii) The office seeks a waiver or further information

a. If the Executive Secretary considers the complaint could be the basis for a legal action against the publication, you will be requested to sign a document waiving your legal rights before the Council will proceed further. You 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 seek the publication's advice on whether there is a perception of a possible legal action on the matter.

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 in processing the complaint or publishing an adjudication the Council may 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.

b. Alternatively, the Executive Secretary may inform you that there is insufficient information in the complaint for the Council to act upon and seek from you further details, either on the alleged breach of the principles or on the particular publication about which you are complaining.

(iii) Complaint refused

The Executive Secretary may inform you that your complaint does not appear to breach any of the Council's principles, and will explain why. He may, at this point, refuse the complaint. If you provide further information, or appeal his decision, he will consult with the Complaints Committee on whether or not to accept it.

The Executive Secretary will, as a rule, reject as complaints, matters from disinterested parties ("third parties"):

• which raise matters likely to lead to the further invasion of the privacy of those reported on;
   
• which appear to the Executive Secretary to reflect largely trivial or frivolous concerns; or
   
• which do not raise a significant breach of the principles.

(iv) Complaint referred

If the matter is better handled by another body, the Executive Secretary will refer the matter to that body and inform you of his actions or, where more appropriate, inform you of your options and the body which may be better able to deal with your matter.

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4. Complaint referred to publication for comment

a. Where the Executive Secretary is able to assist in negotiating a settlement of the matter, the complaint file will be closed.

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. No communication may be kept confidential from the other party. The Council also asks that publications keep bylined writers or sourced news services informed of the progress of complaints arising from their material.

Parties should respond promptly to requests from the Council and comply with any time limits set by the Executive Secretary. The Council seeks the co-operation of publications in quickly responding to complaints and asks that any initial response be sent within a week of the receipt of the complaint.

Publications and complainants should normally have a maximum of two weeks to respond. This time limit is revisable in the case of non-daily publications or those with limited staff. They can always seek an extension of time if such a limit is not going to be possible because of the absence of a journalist or for other reasons. Similarly, complainants can seek an extension if the time limits are overly onerous on them. If letters or calls are not answered within these time limits, the Council will normally treat the complaint or defence as abandoned, depending on the party in default.

Where a party is going to be out of contact for some time, they need to inform the Council secretariat and/or appoint an alternative person to deal with the matter in their absence. Particularly in the case of a large newspaper or newspaper group, the absence of one person should not cause the whole procedure to grind to a halt.

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5. Publication's response received

On receipt of a publication's response to a complaint, the Executive Secretary will send that response to the complainant. At this stage there are several options, including:

a. the complainant may regard the response as a sufficient answer to the complaint and let the matter rest;

b. the parties may, by consent, agree to use the services of a locally-situated Public Member of the Council to act as a conciliator of the complaint, if the complainant seeks such a conciliation. Publications need to respond within two weeks of a request for such a conciliation. In the absence of a response, the complainant will immediately be able to seek a hearing (see point 6 below). This time limit is revisable in the case of non-daily publications or those with limited staff. Where the publication agrees to the request for conciliation, the secretariat and the Public Member will arrange for a conciliation, either face-to-face or by telephone, to seek a settlement of the matter; or

c. the complainant can refer the matter to the Council (see point 6 below).

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6. Reference of the complaint to the Council

a. Where the complaint is successfully conciliated, the complaint file is closed.

b. Where conciliation is unsuccessful, or the option is rejected by either party, the complainant may refer the matter to the Council for adjudication.

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7. The Complaints Committee hearing

When a complaint has been referred to the Council, the Executive Secretary arranges for the complaint to be considered at the first available Council meeting (the Council meets every six weeks). The Council has a sub-committee of the Council, the Complaints Committee, on which the public members must be in a majority. The committee holds hearings for all complaints and the Executive Secretary informs the parties of the date and place of the meeting of the Complaints Committee which will consider the matter.

Once a date for a hearing has been notified, the Council cannot accept any further written material from either party without the approval of the Chairman. This is because complete documentation on all complaints has to be copied and distributed to all Council members well in advance of the meeting. In addition, each party is entitled to the opportunity to consider, and respond to, material submitted by the other.

It is not necessary for parties to be present at the Complaints Committee hearing, but they are encouraged to attend. The date and place of the meeting will not be changed to enable either party to attend unless there are exceptional circumstances. Many complainants do attend in person and may be accompanied by a friend or associate. Companies and associations may be represented by an executive officer and publications by an editorial executive, sometimes accompanied by the bylined writer concerned. Legal counsel may not appear as a representative of either party.

If one or both parties do appear at a Complaints Committee meeting, the result is a round-table discussion, not a trial. There is no formal taking of evidence. No new material may be introduced at the hearing.

The Complaints Committee drafts an adjudication which goes to the Council meeting (usually the next day) as a recommendation.

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8. The Council deals with the matter

The Council considers the matter and usually issues an agreed version of the adjudication which may differ from the draft presented to it by the Complaints Committee.

In its adjudication, the Council may uphold a complaint in whole or in part or it may dismiss all aspects of the complaint. Alternatively, it may simply express an opinion on the matter. It has no power to penalise a publication, or to order it to do anything, but the publication is expected to print any adjudication concerning it with appropriate prominence.

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9. The adjudication is sent to the parties.

Adjudications are sent to the parties in writing by express post, fax or email and distributed to the media. It is the Council's practice to embargo general publication to enable the newspaper or magazine concerned to publish first. The Council reserves the right to restrict communication and reporting of adjudications in special circumstances.

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10. Appeals

Either party can lodge an appeal, limited to the grounds noted below. When an appeal is lodged against an adjudication, the matter is handled in the first instance by the Chairman of the Council. The Chairman will proceed as follows:

1. Where it is clear to the Chairman that the appealing party has no cogent reasons for the appeal, other than simple disappointment at the decision, the Chairman will, without further ado, dismiss the appeal;
    
2. Where the Chairman either forms the opinion, or forms the opinion after consultation with the Vice Chairman, that the appellant has provided cogent reasons that would possibly lead to a modification or reversal of the Council's determination, the matter will be referred to the Complaints Committee, which may either reject the appeal or refer it to Council.

Cogent reasons include an error of fact or an erroneous assumption or inference that adversely affected the determination of Council or a demonstrated procedural unfairness.

In most circumstances, the Council will ensure that any committee which deals with an appeal is composed of different members from the one which drafted the decision.

If an appeal is referred to it, the Council can reject the appeal or can decide to amend and reissue the adjudication. In special circumstances, the Chairman may direct that the adjudication not be issued or, if issued, not be published, until the Council has considered the appeal.

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11. Publication in the affected newspaper or magazine

a. The adjudication is published by the newspaper or magazine complained against, and may be published in other media.

Note: The Council has no requirement 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 restrict publications from making editorial comments on the adjudication.

b. 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 adequate prominence, it can recommend to the Council such action as would be appropriate in the circumstances.

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12. Publication by the Council

The Council itself publishes all adjudications in its quarterly newsletter (the APC News) and in its annual report. The newsletter is distributed widely, including to editors of all directly and indirectly affiliated periodicals, and of the ethnic community press, relevant people in tertiary education, and individuals in Australia and overseas with interest in the print media.

All adjudications are now posted to the Council's website and maintained there. Until the Council develops its own database of adjudications, its earlier rulings (Nos 1-1100) are maintained on the AustLII website. Both sites are searchable by keyword.