Australian Press Council

Radio, Print, and Online Print and Online
41

Complainant/The Age

The Press Council has considered a complaint about an article in The Age on 19 May 2016 headed “Election 2016: Greens leader Richard Di Natale fails to declare home, pays au pairs low wage” online and in print the next day by another headline. The article reported that “Senator Di Natale has paid three au pairs to help with his family as little as $150 a week after tax, or $3.75 an hour - based on a standard 40-hour week.”

The Council concluded that before the article appeared, the Senator told the publication the au pairs worked 25 hours per week, he had made the employment arrangements in accordance with advice he received, and offered to provide documents relating to that advice. Although it took five days for the publication’s requests for documents to be met and then only partially, at the time the article was published the publication had no evidence to contradict the initial information provided by the Senator’s office. There was no reasonable basis for the publication to imply the au pairs may have worked a 40-hour week and, on this basis, may have been paid “as little as $150 a week after tax”. The publication could also have contacted the au pairs to establish the nature of the employment arrangement but did not attempt to do so.

The Council concluded that the publication failed to take reasonable steps to ensure the article was accurate and not misleading, and fair and balanced. Accordingly, General Principles 1 and 3 were breached in these respects. Given the absence of a complaint by the Senator himself, the Council did not make any finding about breaches of General Principles 2 and 4.

Read the full adjudication

42

Complainant/Herald Sun

The Press Council has considered whether its Standards of Practice were breached by an article headed “ABC HERO A VILLAIN: Q&A sob story star exposed as a thug as public donate $60,000” published on the front page of the Herald Sun on 13 May 2016 and with a similar heading online the day before.

The Council considered that reporting the man’s background resulted from the entirety of the circumstances in which he had: become part of the public debate about taxation fairness during an election campaign; been described a national hero; made multiple media statements himself; and, especially, become the subject of a significant public fundraising campaign. While the man did not necessarily seek this level of attention or financial rewards, it was not a breach of the General Principle 3 for the publication to report frankly about his background and to use epithets that reflect his criminal record.

Publication of some aspects of the man’s criminal record and family background may have been an intrusion on the man’s privacy and may have caused some level of offence, distress, prejudice, and risk to health and safety. The Council might have been concerned if such exposure was the consequence for anyone daring to ask a challenging question, so producing a chilling effect on free speech. However, given the man’s previous convictions, his appearance on Q&A, his subsequent interviews, the GoFundMe Campaign and the reporting leading up to the article, the Council is not satisfied the publication failed to take reasonable steps to avoid intruding on his reasonable expectation of privacy or causing substantial offence, distress, prejudice or risk to health or safety.

In any event, the Council concluded that it was justified in the public interest to report his background, especially given the GoFundMe campaign. There is a public interest in all Australians—including those who have committed offences in the past or otherwise behaved in ways which might rightly be criticised—having a fair opportunity to participate in public debate, especially in the context of an election campaign. However, in this situation there was a greater public interest in informing the public about the man’s background. Accordingly, the Council concluded that General Principles 5 and 6 were not breached.

Read the full adjudication

43

Judith Kenny/Fremantle Herald

The Press Council has considered a complaint by Judith Kenny about an article concerning the killing of her son, Reuben Stack, published in the Fremantle Herald on 30 May 2015, headed “Brutal killing shocks leafy East Fremantle”.

The Council considered that the article was inaccurate in implying details of the killing and that a “dog-fight for control of the local drug scene” was involved. While there may have been some justification in reporting speculation in the first hours after the crime, the intervening eight days gave the publication sufficient time to check whether it was accurate, and the Council concluded that the publication failed to take reasonable steps to ensure accuracy in repeating the speculation. Accordingly, this aspect of the complaint was upheld. Given Mr Stack’s drug activities, the Council did not uphold the complaint in relation to Mr Stack being described as “troubled”.

The Council also considered that the publication failed to take reasonable steps to avoid contributing materially to substantial distress for the family. Given the article appeared soon after the violent death of a young man from a prominent family in the local community, there was a public interest justifying a report on the events, however that public interest did not justify the manner of reporting in this case and the distress caused to the family. As such, the Council concluded that the article breached General Principle 6, and this aspect of the complaint was also upheld.

Given the nature of the material published and that the complainant did not seek a correction or other remedial action, the Council did not reach any conclusion about whether General Principles 2 and 4 were breached.

The Council considered it legitimate for the article to report on a homicide in the community and the coverage was sufficiently in the public interest to outweigh any reasonable expectation of privacy that may have existed under General Principle 5. Accordingly, this aspect of the complaint was not upheld.

Read the full adjudication

44

Australian Defence Force/The Australian

The Press Council has considered a complaint by the Australian Defence Force (ADF) about material published in The Australian: an editorial headed “Military no place for tokenism” published on 8 April 2016, and the editing of a letter to the editor from the ADF, headed “The defence force is taking steps to ensure needed cultural change” published on 13 April along with an editorial headed “ADF Mission must be restored” and a report headed “Brass fightback on ‘diversity’ in defence”. All the material was published in print and online, with the editorial and report on 13 April having different headlines online.

The Council considered that the first editorial was an expression of opinion about the ADF’s diversity programs and the risk of compromising the capacity of the ADF in the future. The Council was satisfied the publication took reasonable steps to ensure it was not based on significantly inaccurate factual material or an omission of key facts concerning what the complainant referred to as evidence of its successful operations and ongoing investment in military and submarine capability. The Council considered the editing of the letter to the editor preserved the essence of the points made by the ADF, omitting only details of the points made in support.
Publications have a broad discretion to edit letters, provided it does not change their meaning or tenor, which the Council considers did not occur in this instance. The Council considered that in editing the letter as it did the publication took reasonable steps to ensure that it was an accurate and not misleading reflection of the complainant’s submitted letter.

As to the second editorial, the Council noted that while the letter as submitted provided details of successful operations and ongoing investment in capability, it did not refer to the Islamic affairs strategic adviser and whether that role and the actions of the adviser reflected a cultural change strategy which institutionalised identity politics. Also, while the second editorial referred to a portion of the submitted letter which had not been published, it referred accurately to the omitted portions. In the circumstances, the Council considered the publication took reasonable steps to ensure that factual material in the second editorial was accurate and fair and balanced, and that the opinion was not based on inaccurate factual material or omission of key facts. The Council also considered that the letter as published amounted to a fair opportunity for the complainant to reply.

Accordingly, the Council did not uphold the complaint.

Read the full adjudication

45

Call for nominations for 2017 Press Freedom Medal

The Australian Press Council is calling for nominations for its Press Freedom Medal, to be awarded to an individual who has demonstrated extraordinary commitment or service to the cause of press freedom.

The winner will be announced and a presentation made at a special ceremony in Sydney on or around World Press Freedom Day, 3 May 2017.

In 2016, Press Freedom Medals were awarded at the Press Council’s 40th Anniversary Conference to leading investigative journalists Kate McClymont (Fairfax Media) and Paul Maley (The Australian), whose recognition was very well received.

“It is entirely fitting that we honour people who have made important contributions to press freedom and exemplify everything that a free press is about,” said the Council’s Chair, Professor David Weisbrot. “The purpose of the Australian Press Council is to promote responsible journalism that informs the Australian public and supports effective democratic institutions. We do this by setting high standards of practice, handling complaints from the public and advocating for free speech, press freedom and open government.”

Nominees can be journalists or editors or other individuals such as members of the legal profession, educators or whistleblowers whose work has supported press freedom or cast light upon important issues in Australian society in a way fully consistent with the Press Council’s Standards of Practice.

Nominations may be made by members of the public, any member of the Council and its Secretariat, or any publication that is a member of the Press Council. The nomination period commences on 1 February 2017 and closes on 1 March 2017.

A Press Council subcommittee will shortlist no more than three nominees. Council members will then select the appropriate recipients. The Press Council may decide to make no award in a given year.

The Council had awarded Press Freedom Medals prior to 2016, but the honour was reserved for people affiliated with the organisation. It was decided last year to revitalise the award and open it up more broadly.

For more information about the Press Freedom Medal, contact the Director of Research and Communications by email at michael.rose@presscouncil.org.au or by telephone: 0451 978 276. Submit nominations, along with reasons why the individual should be considered for the award, to standards@presscouncil.org.au

Read more about the 2016 awards here.

46

Complainant/The Courier-Mail

The Press Council considered whether its Standards of Practice were breached by an online article published in The Courier-Mail on 31 March 2016, headed “Mother, son found dead beneath cliff at Maroubra". The article reported on an apparent murder-suicide concerning a 25-year-old mother and her two-year-old son in Maroubra NSW. It was accompanied by several photographs identifying the scene, and referred to the method and location of the incident and extracts from an apparent suicide note. It said the mother “described killing herself and [her son] as the ‘bravest thing’ she had ever done” and quoted a “family member [who] also paid tribute” as having said: ‘People say what a coward, but I say how brave was that …’”

The Council considered that the details of the method, the precise location, the suicide note and the tribute to the mother being “brave” were likely to cause or contribute materially to substantial offence, distress or prejudice, or a substantial risk to health or safety. While there was a public interest in reporting the apparent murder-suicide, it could have been reported without such details. The Council concluded that the publication failed to take reasonable steps to avoid breaching General Principle 6.

The Council also concluded that these same features gave rise to a risk of further suicides in breach of Coverage of Suicide Standard 5; the public interest in reporting these details did not outweigh the risk of causing further suicides.

The Council noted that the publisher of syndicated material—the article in this matter was automatically syndicated from a related publication—is responsible for the content of that material in the same way as the material that publisher originates. The Council also noted that the publication took prompt action to arrange for alteration of the article following contact from the Council.

Read the full adjudication

47

Complainant/Herald Sun

The Press Council has considered a complaint by Liam Pickering, an accredited agent for AFL players, about an article in the Herald Sun on 8 June 2016 headed “STRATEGIC ERROR WILL COST AGENT” in print and by another headline online. The article referred to a judgment of the Supreme Court of Victoria arising out of Mr Pickering’s departure from Strategic Management Australia.

The Council considered that the Court’s judgment made clear its order was for the complainant to compensate Strategic Management, and for his former business partner to purchase the complainant’s 40 per cent shareholding. By reporting the outcome as a dispute between partners, the publication failed to take reasonable steps to ensure the article was accurate and not misleading in breach of General Principle 1.

The article implied the complainant suffered a significant defeat, and did not refer to the Court’s serious adverse findings made against his former partner or its conclusion that “both parties have won and lost”. The article also implied the complainant took a $90,000 cut of a player’s earnings, had returned it, and that this was dealt with in the judgment, none of which was established. These aspects also breached General Principle 1.

Further, the inaccuracies were sufficiently apparent that the publication should have taken steps to correct them, and in failing to do so it also breached General Principle 2.

The publication also presented the material without reasonable fairness and balance in breach of General Principle 3, and so was also obliged under General Principle 4 to take reasonable steps to give the complainant a fair opportunity for a reply. In this case, the publication eventually offered to publish a “succinct letter” from the complainant though given the circumstances, the Council concluded this offer did not amount to a fair and timely opportunity for a response.

However, referring to the complainant’s departure from Strategic Management as “messy” does not necessarily imply wrongdoing and may simply suggest contractual restraints on behaviour, so there was not a failure to take reasonable steps to ensure accuracy or fairness in this respect.

The Council also recognised that a high number of people involved in the AFL would be known to each other. In this case, there was insufficient evidence available to the Council to suggest the publication failed to avoid or disclose a conflict of interest, so General Principle 8 was not breached.

Read the full adjudication

48

Australian Council for Education Research/Gold Coast Bulletin

The Press Council has considered a complaint from the Australian Council for Education Research (ACER) about an article in the Gold Coast Bulletin on 28 July 2016, headed “Teachers found lacking”.

The brief article (four paragraphs in length) reported that a review conducted by academic consultants on behalf of ACER urged that teachers’ training be subject to a regime similar to that applying to doctors, pilots and lawyers, under which new entrants proceeded in stages under a formal system of supervision and control. The authors of the review argued this would help develop teachers’ personal and motivational skills, build confidence and inspire students’ learning in the classroom.

The accuracy, fairness and balance of the text in the article were not called into question by the complainant. The only issue under consideration by the Council was whether the publication took reasonable steps to ensure the headline met these Standards. The Council considered that the headline implied the review was critical of teachers generally, however it was critical not of teachers generally but of their accreditation process and training. The Council considered that the publication could have sought better detail about the review and expressed the headline in a manner that better reflected its findings. The Council concluded that the publication failed to take reasonable steps to ensure the headline was accurate and not misleading, in breach of General Principle 1. Accordingly, this aspect of the complaint was upheld.

The Council noted that the publication did offer to publish a letter from ACER explaining why the headline did not satisfactorily summarise the review, but ACER chose not avail itself of this opportunity. The Council considered that in doing so, the publication took reasonable steps to offer an adequate remedy in this instance. Accordingly, the Council did not uphold the complaint in relation to General Principle 2.

Read the full adjudication

49

Complainant/The Daily Telegraph

The Press Council has considered a complaint about a front page article in The Daily Telegraph on 26 April 2016 headed “BLUDGERS’ DISGRACE: BOOZE DRUGS DOLE RORT”, with a secondary headline, “EXCLUSIVE: Crooked doctors helping layabouts get out of finding a job”, and the full report on page four headed "Cynical bludge makes us sick: Dole grubs shirking work”. It was also published online under a different headline.

The article reported on “[a]n investigation by the Department of Human Services”. The front page began: “TENS of thousands of bludgers are using a medical scam – claiming “illnesses” including drug and alcohol abuse – to get the dole without having to find a job.” It added: “More than 70,000 people – almost 8 per cent of all recipients of Newstart, single parent and youth allowance payments – have been using medical certificates to avoid mandatory job-seeking requirements.”

The Council considered that merely because 70,000 Newstart Allowance, Parenting Payment and Youth Allowance recipients provided medical certificates, it did not rationally follow that all 70,000 were “dole bludgers” or were “exploiting a loophole”; medical certificates may be used to demonstrate legitimate inability to work due to illness. Nor did statements attributed to the Minister for Human Services give any support to this suggestion. The Council also considered that the online headline “Crooked doctors helping layabouts get out of finding a job” implied doctors were dishonestly assisting recipients to receive benefits, and with no reasonable basis in the material to support such a definitive statement. Accordingly, the Council considered that the publication failed to take reasonable steps to ensure these statements were accurate and not misleading, in breach of General Principle 1.

The Council also considered that the print sub-headline “Cynical bludge makes us sick: Dole grubs shirking work”, read with the above statements referred to, was also inaccurate and misleading, and could not be regarded as reasonably fair or balanced in its portrayal of welfare recipients, in breach of General Principles 1 and 3.

As to remedial action, the Council considered that the online amendment and print clarification could have been published more promptly. In any event, the Council was not satisfied based on the information provided that there was a sufficient basis for maintaining that “tens of thousands” of recipients are exploiting the exemption. The Council concluded that the amendments did not provide sufficient remedial action, in breach of General Principle 2.

Read the full adjudication

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What a shock - the Daily Telegraph inaccurate, surely not?

Another surprise!

1 Like
51

Industry Super Australia/The Australian

The Press Council has considered a complaint from Industry Super Australia about an article in The Australian on 3 December 2015, headed “Industry Super must be taken to task”. The article said industry super funds’ “supply chains are tightly held by union-related entities — in relation to funds management, investment, financial advice and custodial services” and that “[t]he market is never tested because doing business with union mates is so much easier, it would seem”.

The Council considered that although the article was headed “COMMENT” in print and “OPINION” online, the statement in the article that industry super funds’ “supply chains are tightly held by union-related entities — in relation to funds management, investment, financial advice and custodial services" was expressed as a statement of fact and not merely an expression of the author’s opinion. The Council considered it meant that union-related entities dominated each of the named supply areas. The Council was satisfied on the material available that the publication failed to take reasonable steps to ensure this statement was accurate and not misleading.

The Council considered the statement that “[t]he market is never tested because doing business with union mates is so much easier” was also presented as a statement of fact, notwithstanding the addition of the words “it would seem”. The Council considered that the publication did not take reasonable steps to ensure this statement was accurate and not misleading, having regard to its definite terms. Accordingly, the publication also breached General Principle 1 in this respect.

As the publication offered a balancing opinion piece in response, given the nature and context of the material, the Council considered that the publication took reasonable steps to provide adequate remedial action. Accordingly, it did not consider that General Principles 2 and 4 were breached.

Read the full adjudication

52

Australian Press Council launches its first Reconciliation Action Plan

The Australian Press Council has launched its first-ever Reconciliation Action Plan (RAP), which documents the objectives and strategies that the organisation will employ over the next two years to promote understanding and reconciliation between Indigenous and non-Indigenous Australians.

The Chair of the Press Council, Professor David Weisbrot AM, other Council members, Indigenous community leaders and representatives of a range of other organisations celebrated the launch at the National Centre for Indigenous Excellence in Redfern, NSW.

The Press Council’s draft RAP was developed in 2016 and submitted to Reconciliation Australia for review, in accordance with established processes. It has now been endorsed and becomes an official Press Council policy document.

“Reconciliation Australia gave us very strong support throughout the process, working patiently with us as we developed a plan appropriate for an organisation like ours that operates in the media sphere.” Professor Weisbrot said. "We could not have done this without their expertise and wisdom.

"Our member publications tell Australia’s story, including both the hardships faced by Aboriginal and Torres Strait Islander peoples and their successes, and this RAP is one way of ensuring that Indigenous people and perspectives are involved in shaping that narrative.

“The challenge now is to make sure that we implement these ambitious plans fully and effectively. We have already taken the first steps. We recently welcomed the Koori Mail as our first Indigenous member publication, we will announce shortly the name of our first Indigenous Council member and we are now sourcing goods and services from Indigenous suppliers.”

The CEO of Reconciliation Australia, Justin Mohamed, said: “Reconciliation Australia congratulates the Press Council on developing its first Reconciliation Action Plan. By adopting an Innovate RAP, they are demonstrating readiness to develop and test innovative approaches to reconciliation and champion reconciliation at every level of the organisation.The Press Council is well placed to continue its progress across the key pillars of reconciliation—relationships, respect and opportunities.”

The Press Council’s RAP commits the organisation to:
• encouraging membership by Indigenous newspapers, magazines and online news and current affairs sites;
• engaging and consulting with Indigenous groups, individuals and organisations regarding the Press Council’s work;
• promoting employment and internship opportunities for Indigenous people at the Press Council and among member publications;
• promoting Indigenous cultural competence among staff;
• considering the impact on Indigenous peoples of current and proposed Standards of Practice;
• encouraging the Australian news media to report issues of importance for Indigenous communities in a respectful way; and
• endeavouring to promote high quality reporting in relation to Indigenous peoples.

The Australian Press Council was established in 1976 and is responsible for promoting good standards of media practice, community access to information of public interest, and freedom of expression through the media. Press Council membership encompasses over 900 mastheads, accounting for approximately 95 per cent of newspaper, magazine and online readership in Australia.

Read the Press Council’s Reconciliation Action Plan here.

53

Colin Hampton/Frankston Standard Leader

The Press Council has considered a complaint by Cr Colin Hampton about a front page article in the Frankston Standard Leader on 4 July 2016 headed “Councillor stoush”, which followed the release of the Councillor Conduct Panel Determination on the behaviour of the complainant and another councillor at the launch of an apartment complex in 2015.

The Council noted that the Panel dismissed all allegations against the complainant, except that his conduct in relation to two Council employees was found to be objectively threatening behaviour in breach of the Code of Conduct. It found his conduct in questioning how the other councillor came to speak was inappropriate but not in breach of the Code. The Panel found the other councillor deliberately exaggerated his evidence, and advanced nine additional allegations to assist his case without a sound factual basis, including one that the complainant was ejected from the event.

The Council accepted that the Determination was lengthy and not all aspects could be covered in the article. However, the fact the Panel disbelieved the other councillor’s evidence of his observations while speaking onstage and found he made nine additional allegations without factual basis, simply to advance his case, were very significant to presenting the report in a fair and balanced way, particularly given earlier coverage of the Panel’s formation and preparation of its report. The fact that the developer’s allegations that the complainant had made comments disparaging of the development and had tapped the developer “vigorously on the back” were not upheld was also significant, given an earlier article raised these allegations.

Accordingly, the Council considered that reasonable steps to ensure fairness and balance required the article to include these matters. It concluded that in failing to do so, the publication breached General Principle 3, and in not providing a fair opportunity for a reply after publication, it also breached General Principle 4.

The Council did not consider the reporting went so far as to be misleading, and accordingly, did not consider that it breached General Principle 1 or 2.

Read the full adjudication

Osher Günsberg/Daily Mail Australia

The Press Council has considered a complaint by Osher Günsberg about an article published by Daily Mail Australia on 5 September 2016 headed “The Bachelor host Osher Gunsberg shows off his 'Bali belly’ as he goes shirtless while filming finale of reality TV show on Indonesian island”. The article referred to the complainant as “never [having] a hair out of place”, but who “revealed his portly frame and unkempt hair”. The article featured three photographs of the complainant shirtless, in at least one of which he appeared to be dressing or undressing.

The Council accepted the complainant has not exploited shirtless images of himself. The photographs were taken at a beach far away from the complainant’s filming activities on a day off and he did not see a camera taking photographs. The Council considered that while the complainant is a public figure, he has not forfeited his right to privacy altogether.

The Council considered the subject matter of the article did not relate to the complainant’s public activities. Given the fairly remote location, the care exercised by the complainant in the past to not be photographed shirtless, his lack of alternatives in the circumstances and the covert nature of the photographs, he retained a reasonable expectation of privacy which was intruded upon by the photographs and the references to “Bali belly”. There was no public interest to justify such an intrusion. Accordingly, the publication breached General Principle 5 and Privacy Principle 1.

The Council considered the complainant’s history of mental illness and weight gain are in the public domain as a result of the complainant’s own doing. But by referring to “Bali belly”, and using the photographs in the manner it did, the article ridiculed the consequences of his mental illness medication and was likely to cause substantial offence or distress. The publication failed to take reasonable steps to avoid this, and accordingly, breached General Principle 6.

The publication did not commission the photographs, which were provided unsolicited by an agency. While the complainant did not see the photographer taking the photographs, the Council was not satisfied that the photographs were gathered by deceptive or unfair means. Accordingly, the Council considered the publication did not breach General Principle 7.

Read the full adjudication

54

Sharon Doyle Lyons/Parramatta Advertiser

The Press Council has considered whether its Standards of Practice were breached by an article headed “Never let despair win” in the Parramatta Advertiser on 14 September 2016.

The article concerned the suicide of a 62-year-old man and was mainly based on the man’s sister’s perceptions of his response to a marriage breakdown and her support for him. It referred to her desire to raise awareness of depression and associated social stigma, that “[p]eople with depression need to keep trying to find someone who can understand them”, and that people ought realise that “[t]he carnage suicide leaves behind is wrenching…”.

The Council acknowledged the article was well-intentioned and initiated by the man’s sister, who provided informed consent. However, the publication was aware the man had two children, one an adult living with him for a period and one under 18 living with the complainant. Given the article used the man’s name and photograph, reported the regions where he lived and was found, and dealt with his possible reasons for suiciding, the effects on his family and what the sister claims might have happened had she not assisted him, the Council considered it was not sufficient to have consent only from the man’s sister. The publication should have sought consent, and invited comment from, his adult son and from the complainant as his wife (albeit estranged) and guardian of his younger son.

The Council recognised there can be substantial public benefit in suicide-related coverage, and the article highlighted some important issues. However, in the absence of such consent and invitation, the public interest did not justify using such detail. Accordingly, the Council upheld the complaint in relation to General Principles 5 and 6 in relation to privacy and avoidance of harm, and Suicide Standards 3 and 4 in relation to the reporting of individual instances of suicide.

As to Suicide Standard 7 in relation to sensitivity and moderation, the Council considered that the article was not unduly prominent or unnecessarily explicit. However, the publication should have sought to avoid hurt to the man’s sons by seeking consent and inviting comment. Accordingly, the complaint was also upheld in this respect.

Read the full adjudication

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56

Press Council awards 2017 Press Freedom Medals

The Australian Press Council has awarded its Press Freedom Medal to two outstanding individuals for their major contributions to ensuring a free and open society:

Peter Timmins - Australian Open Government Partnership Network
and
Michael Cameron - News Corp Australia.

The 2017 Press Freedom Medals were awarded at a special ceremony in Sydney on 19 May. As well as members of the Press Council, journalists and guests from a variety of organisations attended.

Peter Timmins is a well-known advocate of improved standards of transparency and accountability and Australia’s leading expert on Freedom of Information (FOI) policy and privacy, as well as being a leader of the Australian Open Government Partnership Network and publisher of the Open and Shut blog.

Michael Cameron is the National Editorial Counsel for News Corp Australia. He leads an in-house legal team, which he established, whose members have appeared in dozens of matters involving challenges to suppression orders, injunctions, defamation actions and so on, advocating for transparency and open justice.

“The purpose of the Australian Press Council is to promote responsible journalism to inform the Australian public and support effective democratic institutions. This year’s winners have been exemplary in their tireless pursuit of the critical principle that citizens have a right to know, and so governments, and other important public and private institutions, must operate in an open and transparent manner,” said Chair Professor David Weisbrot.

“Although the Press Council did not set off with this intention, this year’s Press Freedom Medal winners prove the point that free speech and press freedom are not only reliant on brave and capable editors and journalists, but also on lawyers, activists and others who fight to preserve and extend these freedoms.”

Michael Cameron said: “I’m honoured to accept this award on behalf of the editorial legal team at News Corp Australia, whose tireless work enables the publication of articles that would be otherwise be barred by our unduly secretive courts system and plaintiff-friendly defamation laws. Special thanks goes to Larina Mullins, our senior litigation counsel, who has appeared at close to 100 suppression hearings in the last three years.”

Peter Timmins said: “This is a great but unexpected honour, a tribute to the many individuals and organisations including the Press Council that believe strongly in open, transparent and accountable government and joined the network to seek to ensure the government lives up to its Open Government Partnership commitments. Pursuing reform to improve our democracy is a never-ending journey.”

The Press Council has awarded Press Freedom Medals in earlier years, but it was reserved for people affiliated with the organisation. It was decided last year to revitalise the award and open it up to people who, through their work as journalists, legal practitioners, community activists or advocates, help ensure the preservation of free speech, press freedom and open and transparent government.

In May 2016, Kate McClymont of Fairfax Media and Paul Maley of News Corp Australia received the first of the medals awarded under the new criteria, to great acclaim.

Read the award citations here.

57

Australian Press Council appoints its first-ever Indigenous member

The Australian Press Council’s appointment of Carla McGrath — the first Aboriginal or Torres Strait Islander person to join the Council — is another indication of its strong commitment to increase diversity and broaden expertise in the Council’s ranks.

Welcoming the latest appointment, Australian Press Council Chair Professor David Weisbrot said Ms McGrath “shone through the selection process as an exceptionally bright, able and articulate candidate with a strong commitment to the ideals of the Press Council and to robust corporate governance”.

Ms McGrath, who is based in Cairns, is a Torres Strait Islander woman born and raised on the Australian mainland. She has a strong record of engagement in advocacy, Aboriginal and Torres Strait Islander issues and youth affairs, through organisations such as BlakDance, Shared Path Corporation, GetUp, the National Congress of Australia’s First Peoples, the NSW Reconciliation Council, AIME and the Australian Youth Affairs Coalition.

Ms McGrath’s appointment, for a three-year period, was made by the Press Council at its regular quarterly meeting late last week.

The Australian Press Council comprises over 900 mastheads, paper and electronic, and its governing board currently has 25 members, including the independent Chair and 10 “public members” who, like Ms McGrath, represent the general community. There are 11 nominees of media organisations and the journalists’ union, the MEAA, and four independent journalist members, who are not employed by any member media organisation.

“Carla’s appointment will directly and productively assist the Council in forging the linkages with Aboriginal and Torres Strait Islander communities, organisations and individuals, as we are committed to do via our recently launched Reconciliation Action Plan. But she was chosen for her outstanding personal qualities and qualifications—she was the right person for the job.”

Ms McGrath said she was excited to be contributing to the work of the Press Council in promoting good standards of media practice, community access to information of public interest, and freedom of expression through the media.

“It is clear that we are living in a swiftly changing media environment where the methods for consumption of, and interaction with, content is broadening, and one where the very definition of free speech is consistently being called into question.

“As a Torres Strait Islander woman, I feel a strong sense of responsibility to enable the diverse and unique perspectives of Aboriginal and Torres Strait Islander people to be represented in conversations relating to the role and responsibilities of the press,” Ms McGrath said.

The Press Council has taken a number of steps recently to better reflect the Australian community. In April, another very impressive young leader — Zione Walker-Nthenda, a human rights lawyer with wide experience in family law, family violence and child protection issues — became the first person of African descent to join the Council. At the same time, Kirstie Parker, a Yuwallarai woman from northern NSW, was appointed as an industry adjudication panel member. Ms Parker is CEO of the National Centre for Indigenous Excellence, an elected Co-Chair of the National Congress of Australia’s First Peoples and a Director of Reconciliation Australia.

In February, the Press Council welcomed its first Indigenous publication as a member: the Koori Mail, a fortnightly newspaper with a national readership of some 100,000.

58

CORRECTION re Australian Press Council Media Release 25 May 2017

In a media release issued by the Press Council on 25 May 2017, headed “Australian Press Council appoints its first-ever Indigenous member”, it was stated that Carla McGrath was the first Aboriginal and Torres Strait Islander person to assume the position. This is not correct.

In fact, the Press Council has had at least two Indigenous members in the past:
• Mr Colin Bourke MBE, who was a public member from 1982 to 1991; and
• Ms Natascha McNamara AM MBE, who was appointed an alternate member in 1992, and a full public member from 1997 to 2003.

The Council regrets this error and sincerely apologises to Mr Bourke and Ms McNamara.

We thank Lange Powell, the Press Council’s Vice-Chair 1998-2004, for bringing these facts to our attention and reminding us of this aspect of our own history. We also thank Mr Bourke and Ms McNamara for their services to press freedom and quality in Australia.

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###Australian Press Council welcomes Dili Declaration on Press Freedom

The Australian Press Council says the historic Dili Declaration on the role of press councils in a democratic society is a significant step forward in ensuring press freedom in southeast Asia and the Pacific Islands.

The Declaration—signed by Australian Press Council Chairman Professor David Weisbrot and representatives of six other regional Press Councils on 10 May 2017—was the culmination of an international conference to mark the first anniversary of the establishment of the Timor-Leste Press Council.

Professor Weisbrot said that "press councils have a vital role in supporting the development of quality journalism and a free media, as well as promoting the safety of journalists, and enhancing media inclusion of under-represented and vulnerable groups in society.

“The Dili Declaration recognises the essential role that the free press plays in a democratic society,” Professor Weisbrot said.

"Countries like Australia and New Zealand—with a long history of press councils providing that delicate balance between encouraging robust free speech (including confronting and challenging free speech) and mechanisms to ensure good standards, fairness and accuracy of media reportage—are well placed to make a key contribution in this region.

"Press councils in Southeast Asia and the Pacific face the dual challenges of negotiating these same issues, but doing so in countries that traditionally have not enjoyed a free press. They are working from the ground up to build a framework for responsible journalism.

“It’s an ambitious and sensitive task,” Professor Weisbrot said, “but one we are willing to help with wherever possible.”

Signatories to the Dili Declaration are the press councils of Timor-Leste, Australia, Indonesia, New Zealand, Myanmar, Thailand and Papua New Guinea.

Timor-Leste Press Council Chair Virgilio da Silva Guterres described the Declaration as an historic step for the collective advocacy of press freedom and freedom of expression.

“It reflects the collective commitments to share experiences and resources among the declarators in advancing democracy in both regions and in respective countries. And we, (the Timor-Leste Press Council) are honoured to have hosted this event and become part of this Declaration.”

Professor Weisbrot said it was gratifying to see the strong support for the fledgling Timor-Leste Press Council by the Timor-Leste government, with the conference in Dili opened by the Prime Minister and closed by the President. The Timor-Leste Communications Minister was an active and engaged participant throughout the event.

“Also gratifying was the fact that at least 100 young local journalists and journalism students attended the conference—and had no hesitation in asking the tough questions of their leaders. Their energy and fearlessness provides great cause for optimism about the future of the media—and its role in further promoting democracy—in that country.”

Click here for full text of the Dili Declaration

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The Australian will boycott Press Council decisions of ‘political stack’ Carla McGrath

The Australian will boycott testimony and not accept adjudications of complaints by the Australian Press Council in which its newest member, left-wing activ­ist group GetUp’s deputy chairwoman Carla McGrath, takes part.

Ms McGrath’s role at GetUp! — an organisation that has in the past raised funds to publicly campaig­n against News Corp Australia publications and mock election coverage from some of the nation’s largest newspapers — has raised serious concerns among editors, who fear they will not be given a fair hearing when complaints are raised about coverage of important public-­interest issues on topics such as climate change and immig­ration.

The Press Council appointed Ms McGrath, a social activist who specialises in Aboriginal and Torres Strait Islander issues and youth affairs, to its board last week despite protests from Press Council members that her role with GetUp! could lead to serious conflicts of interest

“The Australian will not accept any adjudication finding that the GetUp! deputy chair has participated in, as we have a reasonable apprehension of bias given the organisation’s strident political activism, including its campaigns against News Corp publications,” he said.

“It is very disappointing and deeply concerning that APC chairman Professor David Weisbrot has endorsed this appointment. The Press Council should not be a political stack.”

Liberal senator Eric Abetz last night called for the council to reconsider the appointment, saying its credibility would be “severely” undermined.