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The Press Council considered whether its Standards of Practice were breached by an article published by the Courier Mail on 17 November 2021, headed “Only the parents can fix youth crime curse” in print and “Bill Leak’s controversial cartoon still sadly relevant today” online.   The article is an opinion piece in which the columnist stated that “It was revealed by Police Minister Mark Ryan in response to a parliamentary Question on Notice, figures provided by the Queensland Police Service showing that of the 3689 youths aged 10-17 years who spent between an hour to more than a week in the watch-house, 2635 or 71.42 per cent were Indigenous.”   The article went on to comment that the “inconvenient conclusion to be drawn is many Indigenous parents routinely abandon their responsibilities and do little to instil in their children respect for our laws and the property of others” and “People are quick to take to the streets and declare black lives matter while happily ignoring the cold, hard, irrefutable figures  show far too many Indigenous parents do not think the futures of their children matter.”   The columnist said: “They have a democratically guaranteed right to do these things, but while they march up and down the street waving flags, their children are stealing cars, robbing houses and being hauled off to the watch-house.” The online article republished a Bill Leak cartoon from 2016 which showed a police officer holding an Indigenous boy and saying to the boy’s father: “You’ll have to sit down and talk to your son about personal responsibility.” “Yeah. Righto,” replies the father. “What’s his name then?”.   In response to complaints received, the Press Council asked the publication to comment on whether the article complied with the Council’s Standards of Practice, which require publications to take reasonable steps to ensure factual material is accurate and not misleading (General Principle 1); to ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts (General Principle 3); and to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest (General Principle 6).   The Council noted complaints had expressed concern that the article unfairly omits to refer to the well documented societal factors such as unemployment, poverty and poor education that are contributing factors in the incarceration rates of Indigenous youths and adults. The complaints also expressed concern that the inclusion of the cartoon is used to further perpetuate a racist stereotype that Indigenous parents, and in particular Indigenous fathers, are potentially drunkards and poor parents.   The publication said the columnist wrote the opinion piece following a statement by the Queensland Police Minister to the Queensland Legislative Assembly which noted that the incarceration rates of Indigenous youths were significantly higher than those of non-Indigenous youth. The publication said the columnist is entitled to draw conclusions and express opinions based on the data referred to by the Police Minister and on his own observations.   The publication said opinion pieces can be controversial and provocative and the columnist was attempting to reignite debate concerning a matter of significant public importance. The publication said that the column takes up the cause of Indigenous children in the hope that in highlighting the issues, some progress will be made towards resolving them. The publication said that while it recognises the cartoon is controversial, the columnist was making the point that nothing has changed since the cartoon was first published. The publication said that given the debate surrounding such issues, it is willing to publish alternative views.  

Conclusion

  The Council is satisfied that reasonable steps were taken to present factual material concerning the incarceration rates of Indigenous youth accurately. Accordingly, there was no breach of General Principle 1.   The Council notes that opinion articles by their nature make an argument and recognises the columnist’s comments concerning the role Indigenous parents may have on the incarceration rate of Indigenous youths were clearly presented as expressions of opinion and not statements of fact.   Nonetheless, even in an opinion piece, the publication was obliged to ensure expressions of opinion are not based on an omission of key facts. In the absence of presenting a more balanced range of reasons behind the high incarceration rates of Indigenous youths, such as poverty, poor education and intergenerational trauma, and instead attributing the incarceration solely on an absence of parental guidance, the Council considers the publication failed to take reasonable steps to ensure expressions of opinion were not based on an omission of key facts.  Accordingly, General Principle 3 was breached.   In attributing the high incarceration rates on Indigenous youths solely on an absence of parental guidance and extrapolating from the data that the parents of indigenous youths are not concerned with instilling in their children a respect for the law, the publication failed to take reasonable steps to avoid substantial offence and prejudice. The Council also considers the level of offence and prejudice was compounded by the inclusion in the online article of the cartoon with no evidence of it representing the situation in any particular case let alone as a general portrayal of Indigenous fathers. Although the Council notes the very substantial public interest in reporting and commenting on the incarceration rates of Indigenous youths and the potential causes, the public interest did not justify the level of offence and prejudice, and General Principle 6 was breached in this respect.   The Council welcomes the publication’s offer to publish alternative views on the issues affecting the incarceration rates Indigenous youths.  

Relevant Council Standards

  This Adjudication applies the following General Principles of the Council:   Publications must take reasonable steps to:

1. Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion.
2. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.
3. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest.

The Press Council considered a complaint from Senator Alexander Antic about two articles published in The Advertiser and the Sunday Mail headed “SA Senator Alex Antic appeals to ‘god-fearing conservatives’ for Covid crusade” online on 21 January 2022 and “Flint farewell just another salvo in the culture wars” in print on 20 February 2022.   The first article, referring to the complainant, reported that “A government SA senator has told a disgraced Hillsong pastor’s live crowd that religious conservatives should resist Australian public health rules”. The second article, an opinion piece, referred to the complainant saying, "… when he's not clogging up senate estimates with complaints about the branding of ice creams, is talking down his country to blow-hard American broadcasters, is another who might struggle to convince me he's properly doing the job he was sent to Canberra to do."   The complainant said in relation to the first article that it was incorrect to report he told a crowd “that religious conservatives should resist Australian public health rules”. The complainant said he made no such comment. The complainant said that while the article was subsequently amended following a complaint to the publication, an appropriate remedy would be to publish an apology for the inaccuracy. The complainant said in the circumstances, the publication’s offer of an editor’s note on the article saying that an earlier version had been corrected was inadequate. In relation to the second article, the complainant said it was factually incorrect to state he used time in the senate estimates committee to talk about the branding of ice creams. The complainant considered the publication’s offer of a letter to the editor and its further offer of a clarification to be inadequate in the circumstances. The complainant said the publication ought to publish an apology and an admission of a factual inaccuracy.   The publication said that once it became aware of the inaccuracy in the first article, it was promptly corrected. The publication said that it is prepared to publish an editor’s note at the bottom of the article stating that an earlier version of the report was incorrect, and the complainant had made no such overtures about resisting Australian public health rules. In relation to the second article, the publication said it would be prepared to publish a clarification saying that the complainant did not clog up senate estimates with complaints about the branding of ice creams, rather that he made the comments on Facebook during a break in a senate estimates hearing. The publication said this offer was made after the complainant rejected its earlier offer of a letter to the editor.  

Conclusion

  The Council’s Standards of Practice require publications to take reasonable steps to ensure that factual material in news material is accurate and not misleading (General Principle 1), and presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts (General Principle 3). They also require publications take reasonable steps to provide a correction or other adequate remedial action if published material is significantly inaccurate or misleading (General Principle 2) and provide an opportunity for a response to be published by a person adversely referred to (General Principle 4).   In relation to the first article, the Council notes the publication’s acceptance that the comments concerning the complainant telling a crowd that they should resist Australian public health rules were inaccurate. The Council also notes that on the material before it, the publication at the time did not take reasonable steps to confirm whether the complainant had in fact made such a comment. The Council considers that in stating that the complainant had told a crowd that they should resist Australian public health rules, the publication failed to take reasonable steps to be accurate and not misleading. Accordingly, the Council concludes the publication breached General Principle 1.   The Council notes that once it became aware of the inaccuracy, the publication promptly amended the online article. Although the Council considers it is best practice to inform readers that an earlier version of an online article has been amended with an editor’s note, it considers that in the circumstances  the prompt amendment to the article was adequate. Accordingly, the Council concludes the publication did not breach General Principle 2 with respect to the first article.   In relation to the second article, the Council notes the publication’s acceptance that the comments concerning the complainant “clogging up” senate estimates with complaints about the branding of an ice cream were inaccurate. The Council notes that under General Principle 3, the publication was obliged, even in an opinion article, to take reasonable steps to ensure a writer’s expression of opinion is not based on significantly inaccurate factual material or an omission of key facts. The Council notes that in making such a statement, the publication failed to take reasonable steps to ensure expressions of opinion were not based on significantly inaccurate factual material in breach of General Principle 3.   The Council recognises the publication’s offer of a clarification was not accepted by the complainant. However, the Council emphasises the obligation under General Principle 2 to provide a correction or adequate remedial action is unqualified and should have been made when the inaccuracy was identified. Accordingly, the Council concludes the publication breached General Principle 2.   The Council considers the publication’s offer of a letter to the editor in relation to senate estimates and ice cream branding was an adequate response in the circumstances. Accordingly, the Council concludes the publication did not breach General Principle 4. This finding is not inconsistent with the finding of a breach of General Principle 2, as General Principle 4 imposes a different and separate obligation.  

Relevant Council Standards

  This adjudication applies the following General Principles of the Council.   Publications must take reasonable steps to:

1. Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion.
2. Provide a correction or other adequate remedial action if published material is significantly inaccurate or misleading.
3. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.
4. Ensure that where material refers adversely to a person, a fair opportunity is given for subsequent publication of a reply if that is reasonably necessary to address a possible breach of General Principle 3.

The Press Council considered a complaint from Dr Christian Rowan, Queensland State Member for Moggill, and Shadow Minister for Education and The Arts about two articles published in the Brisbane Times, The Age, and The Sydney Morning Herald. The articles were headed “’Fake unions’: New associations ride jab mandate fears to get members” on 1 October 2021 and “Queensland LNP health spokeswoman is a member of ‘anti-COVID vax union’” on 2 October 2021 online.   The first article reported that a “set of ‘fake unions’ with links to current and former Liberal and National party figures are capitalising on anti-vaccination fears to recruit doctors, teachers and nurses and exploit dissent within the labour movement about mandatory vaccinations.” The article reported on the establishment of several professional associations, which were described as “fake unions”, including the Nurses Professional Association of Queensland (NPAQ). It reported that the secretary of the NPAQ, Aenghas Hopkinson- Pearson, was thanked by the “LNP education spokesman Christian Rowan in a speech last year for his work as the party’s state electorate council treasurer in Dr Rowan’s Queensland state seat of Moggill.”   The second article also reported that the NPAQ “secretary, Aenghas Hopkinson-Pearson, was thanked by Liberal National Party education spokesman Christian Rowan for his work on the executive of Dr Rowan’s state electorate committee.” The article further reported comments by Queensland Health Minister Yvette D’Ath saying Dr Rowan was “associated with an organisation that had expressed ‘anti-vax views’”. The article went on to say that Dr Rowan, a “specialist physician before entering Parliament”, was “fully vaccinated against the coronavirus and encouraged Queenslanders to do the same.”   The complainant said the reporting of a link between him and the NPAQ was unfair and misleading. The complainant said he had thanked Aenghas Hopkinson-Pearson in the past for being a campaign volunteer only and that this was completely unrelated to any other roles or responsibilities Aenghas Hopkinson-Pearson may have had in other organisations. The complainant added that he had also thanked many other people as well. The complainant said he has never been a member of or had any role with the so-called “fake unions” mentioned in the articles. The complainant said that social media responses to the articles reveal that the general public had formed the view that he holds anti-vaccination views, which could be damaging to his professional reputation as a registered Specialist Physician, and as an elected representative. He said that publicly available information, including his parliamentary speeches in the Queensland Parliament and public social media posts record him identifying the importance of all eligible Australians being vaccinated against COVID-19. He also said the publications’ unnecessary reference to him in the first article led to the comments by the Queensland Health Minister in the second article which criticised him for being associated with NPAQ. In relation to the first article, he said he ought to have been contacted for comment.   The publications said it was accurate to report that the complainant had thanked Aenghas Hopkinson-Pearson for his work on a state electorate committee, part of the Liberal National Party (LNP) administrative machinery that selects candidates and aids their campaigns, in the complainant's seat. The publications said it was not in dispute that the complainant had thanked Aenghas Hopkinson-Pearson. They said there was no requirement to contact the complainant for comment before publication of the first article as it was reporting information from a speech the complainant made in Parliament and did not contain criticism of the complainant from anyone.  They said the purpose of the comment was to demonstrate that the NPAQ and other “fake unions” had links to the LNP because it showed that Mr Hopkinson-Pearson had previously occupied a party position. Mr Hopkinson-Pearson was then and remains the secretary of NPAQ. The publications also said comments by the complainant were included in the second article when he was subject to criticism from the Queensland Health Minister. The publications said it was appropriate to report the remarks of the health minister during the national pandemic. The publications also said the second article reports that the complainant is in favour of vaccination, that he encourages others to get vaccinated, that he himself is fully vaccinated and that he condemns anyone who undermines the vaccination efforts. The publications also said that being associated with an organisation does not mean that a person agrees with that organisation’s views. The publications said the articles do not imply that the complainant holds anti-vax views. They said the purpose of the comment was to demonstrate that the NPAQ and other “fake unions” had links to members of the LNP.  

Conclusion

  The Council’s Standards of Practice applicable in this matter require publications to take reasonable steps to ensure that factual material is accurate and not misleading (General Principle 1) and is presented with reasonable fairness and balance (General Principle 3). If the material is significantly inaccurate or misleading, or unfair or unbalanced, publications must take reasonable steps to provide a correction or other adequate remedial action or an opportunity for a response to be published if that is reasonably necessary to address a possible breach (General Principles 2 and 4).   The Council notes that the articles concern the reported links between current and former LNP members to organisations whose membership includes individuals who hold anti-vaccination views. In this context of exploring “fake union” links to the LNP, the Council considers that by including comments that the complainant had once thanked Mr Hopkinson-Pearson for his work on an LNP electoral committee, the articles misleadingly imply the complainant has an association with NPAQ. In relation to this, the Council notes the critical comments of the Queensland Health Minister in the second article saying that the complainant and one other Member of Parliament were associated with an organisation that held “anti-vax” views.  The Council accepts that both articles contained factual information but on the material before it, the complainant could not be said to have an association with NPAQ. Accordingly, General Principle 1 was breached. The Council also notes that in relation to the first article, the complainant was not provided with an opportunity to comment. The Council considered that the reference to the complainant was unnecessary and not reasonably fair in the context of articles exploring LNP links to “fake unions”. Accordingly, General Principle 3 was breached.   As to corrective or remedial action, the Council considers the articles are significantly misleading. While the Council acknowledges the second article included comments from the complainant confirming his support for Covid-19 vaccinations and condemning organisations that undermine vaccination efforts, the Council does not consider that this constituted adequate remedial action for the implication that the complainant has an association with NPAQ. Accordingly, General Principle 2 was breached in this respect. The Council notes the complainant was offered an opportunity to comment in relation to the second article. Accordingly, the Council finds no breach of General Principle 4. This finding is not inconsistent with the finding of a breach of General Principle 2, as General Principle 4 imposes a different and separate obligation.  

Relevant Council Standards

  This Adjudication applies the following General Principles of the Council:   Publications must take reasonable steps to:

1. Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion.
2. Provide a correction or other adequate remedial action if published material is significantly inaccurate or misleading.
3. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.
4. Ensure that where material refers adversely to a person, a fair opportunity is given for subsequent publication of a reply if that is reasonably necessary to address a possible breach of General Principle 3.

The Press Council considered whether its Standards of Practice were breached by an article published by The Courier Mail on 24 May 2021, headed “Close loophole that costs innocent lives” in print and headed “Qld DV crisis: Courts powerless to restrain offenders due to loophole” online.   The article is an opinion piece in which the columnist reported that the laws in Queensland are “providing little protection to victims.” The article said, “Queensland is in the grip of a domestic violence crisis, and a little-known judicial loophole is stopping police from keeping perpetrators behind bars” and that the “sobering reality is that Attorney-General Shannon Fentiman could change the law today and help save the lives of innocent women. Yet despite pleas from the Queensland Police Union and senior domestic violence lawyers, the loophole remains.” The print article reported “Here is how it works. Domestic violence offenders who strangle, assault or sexually assault partners are not being charged with the offence because they are not dealt with in the criminal court.” The online article reported: “The government claims that if a woman is strangled or assaulted that it does carry a criminal charge. However, if it’s committed in a domestic violence situation then it becomes an aggravating factor in sentencing.” The article further reported: “So if you strangle a stranger on the street you’re charged with a criminal offence but if you strangle your ex-wife, it’s not deemed as a crime.”   Following a complaint, the Council asked the publication to comment on whether it took reasonable steps to ensure that the article is accurate and not misleading (General Principle 1) and that writer’s expressions of opinion are not based on significantly inaccurate factual material or omission of key facts (General Principle 3). The Council noted that the complaint raised concerns that an absence of police prosecutions was not the result of a legal impediment to prosecute perpetrators of domestic violence.   The publication said the columnist relied on material published in a Queensland Law Society article when asserting that criminal acts are being included in domestic violence applications in the courts’ civil jurisdiction, and as a consequence, are not being separately prosecuted by Queensland police as criminal matters. The publication also said the article does not state the law precludes perpetrators from being charged by police, rather it states that certain alleged criminal acts are not being prosecuted by police. The publication said that if a person strangles his ex-wife and is not charged and prosecuted by the Queensland police, it can be reasonably inferred the authorities have not deemed the action a crime. The publication said the columnist is arguing that allowing serious criminal acts to be included in domestic violence applications (which are not being pursued separately as criminal matters) is a loophole in the law. The publication said the columnist’s argument is that domestic violence offences should always be dealt with under the Criminal Code, eliminating police discretion to bypass criminal prosecution.  

Conclusion

  The Council acknowledges the material provided to it by the publication in support of comments in the article concerning the prosecution of domestic violence perpetrators. The Council also acknowledges that the article is an opinion piece and such articles, by their nature, make an argument. In this context, the Council recognises that opinion writers who identify adverse outcomes or practices in law enforcement may not be across the detail of relevant underpinning legislation. Nonetheless, the Council does not consider there was anything in the material relied upon by the publication to substantiate the columnist’s assertion that a ‘judicial loophole’ is stopping police from prosecuting perpetrators of domestic violence for serious criminal acts.   The Council notes the legislation establishing the civil framework to protect victims of domestic violence specifically allows for concurrent criminal proceedings to occur. The Council notes that it would have been preferable to identify the problems as arising from matters of practice rather than from a legal loophole. Although the Council accepts the columnist raises an important issue, on balance, it considers the publication breached General Principles 1 and 3.  

Relevant Council Standards

  This Adjudication applies the following General Principles of the Council.   Publications must take reasonable steps to:

3. Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion.
4. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.

 

The Press Council considered whether its Standards of Practice were breached by an article published in The Daily Telegraph in print on 14 May 2021 headed “FATHER OF TWO DISMEMBERED IN DRUG DEAL: You can kiss your penis ‘goodbye’”. The article reported on the murder of Sydney father Goran Stevanovic and the sentencing of killer Khanh Xuan Pham. A large photograph of Pham blowing a kiss accompanied the article and was captioned “Penis-lopper Khanh Xuan Pham.”   The article reported “A drug-addict who cut off a father-of-two’s penis and dismembered his corpse after brutally stabbing him to death in a western Sydney unit has been sentenced to at least 22 years in jail.” It also reported “The court heard that because the victim’s body had been mutilated, his family, due to their religious beliefs, were unable to perform funeral rites or see him before he was buried.”   In response to a complaint received, the Council asked the publication to comment on whether the headline in particular complied with the Council’s Standards of Practice which require publications to ensure that factual material is presented with reasonable fairness and balance (General Principle 3); and to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, without sufficient justification in the public interest (General Principle 6).  

Conclusion

  The Council notes the article is based upon a report of court proceedings concerning a violent drug-related crime. The Council accepts that the headline and the caption are a reasonable reflection of the reported events. Accordingly, the Council considers the article did not breach General Principle 3.   The Council accepts that some readers may have found the specific factual description of the victim’s dismemberment distressing. The Council notes that beyond the strict requirements of the law, publications have a further responsibility to ensure compliance with the Standards of Practice, which may extend to moderating or not reporting particular information that has been presented in open court.  However, in this instance, the Council considers that there is sufficient public interest to report the graphic details of a serious drug-related crime as the article reported that victim’s family had been unable to bury him in accordance with their religious beliefs due to his dismemberment. This brutal aspect of the crime was also reported to be a relevant factor in sentencing. Accordingly, the Council considers the article did not breach General Principle 6.  

Relevant Council Standards

  This adjudication applies the following General Principles of the Council.   Publications must take reasonable steps to:

3. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.
4. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest.

The Press Council considered whether its Standards of Practice were breached by an article published in The Sydney Morning Herald headed “Rebel starts spreading the news” in print and online on 11 June 2022.   The article, published in the Herald’s “Private Sydney” (PS) gossip column, reported that Australian actress Rebel Wilson had posted on Instagram to announce she was in a relationship with American-based fashion designer Ramona Agruma.   In response to complaints received, the Council asked the publication to comment on whether the article complied with the Council’s Standards of Practice, which require publications to take reasonable steps to avoid intruding on a person’s reasonable expectations of privacy without sufficient justification in the public interest; and to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, without sufficient justification in the public interest.   The Council noted the complaints raised concerns that the columnist’s request for a response for information about Ms Wilson’s same-sex relationship could be perceived as a threat to “out” her as gay. The complaints also raised concerns that Ms Wilson was forced to out herself on social media due to the request and that the article criticised her for not responding to the request.   In response, the publication conceded that it breached the Council’s General Principles relating to privacy and avoidance of harm. The publication said that to address readers’ concerns with the article, it promptly retracted it from its website and replaced it with a prominent apology by the columnist and also published an editor’s note apologising to its readers.  

Conclusions

  The Council notes the steps the publication took at its own behest to address the concerns raised with the article, including retracting the article and publishing two apologies. The Council also notes the publication’s concession that it failed to take reasonable steps to comply with the Council’s Standards of Practice concerning privacy and avoidance of harm.   The Council accepts that public figures, such as Ms Wilson, can have a reduced expectation of privacy and there can also be a public interest sufficient to justify intruding on their reasonable expectations of privacy. However, in this instance, the Council considers that the tenor of the publication’s communications with Ms Wilson concerning a deeply personal matter and the associated commentary on a matter which had no apparent connection to her public activities, intruded on her reasonable expectations of privacy. The Council does not consider there was sufficient public interest to justify such an intrusion. Accordingly, the publication breached General Principle 5.   The Council considers that, taken collectively, the article’s reference to “outing” same-sex celebrity couples, its reference to giving Ms Wilson two days to respond to information concerning her relationship, and its forthright criticism of her for not responding, was likely to cause substantial offence and distress. The Council does not consider there was a sufficient public interest justification in doing so. Accordingly, the Council concludes that the publication breached General Principle 6.  

Relevant Council Standards

  This adjudication applies the following General Principles of the Council.   Publications must take reasonable steps to:

5. Avoid intruding on a person’s reasonable expectations of privacy, unless doing so is sufficiently in the public interest.
6. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest.

The Press Council considered whether its Standards of Practice were breached by an article published in The Daily Telegraph headed “Global Warming Activist Dies from Local Heating” (Online) on 25 April 2022.   The opinion piece commented on a New York Post article concerning the death of a climate activist, who the New York Post reported had died after he set himself on fire outside the United States Supreme Court Building. The opinion piece included excerpts from the New York Post article including: “The incident happened around 6:30 p.m. on the plaza in front of the court building. He was airlifted to a local hospital, where he died”; “This is a deeply fearless act of compassion to bring attention to climate crisis.”; and “David Buckel, 60, left behind a charred corpse and a typed suicide note that said he was burning himself to death using ‘fossil fuel’ to reflect how mankind was likewise killing itself, police sources said.” In commenting on the activist’s death, the opinion piece said “Let’s hope he used carbon offsets”; “Airlifted? Man, this guy went out in a blaze of fossil fuel glory”; and “He also used fossil fuel because solar would have taken too long.”   In response to complaints received, the Council asked the publication to comment on whether the article breached its Standards of Practice, in particular whether the publication took reasonable steps to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety unless doing so is sufficiently in the public interest (General Principle 6). As the complaints had also expressed concern that the article trivialises suicide, the Council also asked the publication to comment on whether its Specific Standards on Coverage of Suicide were breached.   In response, the publication said it was an opinion article in a blog that is well known for its right-of-centre viewpoint and for taking either a satirical outlook or providing commentary on some issues that are not to every person's taste. It said the opinion blog appears behind an online paywall and consumers must therefore firstly elect to subscribe to the service and then make their own personal decisions to click on to read individual items. It said that it does not contend that the writer’s views or approaches to some matters will be accepted by certain people and the writer makes a point of often presenting arguments in a way that some may find confronting or even offensive based on their own particular individual tastes. The publication said however, that the writer would argue strongly that as part of a democracy a variety of views should be allowed to be expressed, even those that some groups may detest and wish to have censored.  

Conclusion

  The Council notes the reported death of the activist, which took place on Earth Day outside the United States Supreme Court building, appears to have been a politically motivated act that sought to draw attention to climate change. In this context, the Council considers there is a significant public interest in allowing freedom of expression to comment on politically motivated acts even if that commentary is expressed in provocative terms, as in the case here. The Council considers that to the extent the article did cause substantial offence or distress, it was justified in the public interest. Accordingly, the Council finds no breach of General Principle 6.   The Council acknowledges that while the activist died by suicide, it does not consider the Council’s Specific Standards on Coverage of Suicide are applicable in this instance as it was a significant public and politically motivated incident which sought to draw attention to climate change issues. The Council notes that it would have been difficult to report this incident without mentioning the location and method. As previously noted, the Council considers there is a significant public interest in allowing publications the freedom to comment on events that are politically motivated and, in such circumstances, publications should not be constrained from commenting on a cause of a death.  Such circumstances are demonstrably different to those involving deaths by suicide of persons not seeking to make a political statement.  Accordingly, the Council makes no finding on the Specific Standards on Coverage of Suicide.  

Relevant Council Standards

  This Adjudication applies the following General Principles of the Council.   Publications must take reasonable steps to:

6. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest.

Note – “Sufficiently in the public interest”: The necessary level of justification in the public interest is proportionate to the gravity of the potential breach of the Principles. Relevant factors to consider may include, for example, the importance in the public interest of: (a) ensuring everyone has genuine freedom of expression and access to reliable information; (b) protecting and enhancing independent and vigorous media; public safety and health; due administration of justice and government, personal privacy, and national security; (c) exposing or preventing crime, dishonesty and serious misconduct or incompetence (especially by public figures).”   This Adjudication also considered the application of the Specific Standards on Coverage of Suicide.

The Press Council considered a complaint from Josh Bornstein concerning an article published by The Australian on 14 February 2022, headed “Josh Bornstein rekindles attack on ‘bonk ban’” online, and “Bornstein rekindles attack on ‘bonk ban’” in print on 15 February 2022.   The article reported that “Would-be Labor senator Josh Bornstein savaged moves by the federal Coalition to introduce measures designed to limit the chance of ministers sleeping with staff.” The article went on to state that “Mr Bornstein argued that then prime minister Malcolm Turnbull’s so-called bonk ban was a ‘panicked and irresponsible’ response to the office scandal that engulfed Deputy Prime Minister Barnaby Joyce. This was after Mr Joyce had an affair with his then staffer Vikki Campion, resulting in the end of his marriage.” The article also included comments from Mr Bornstein saying: “I stand by my long record of helping women address gender inequality. I have always highlighted the need for a proper legal framework to underpin efforts to keep workplaces free from bullying and harassment, and my 2018 commentary was emphasising this very point.”   The complainant said the headline and the article misleadingly suggest he had repeated comments made in an article penned for another publication in 2018. The complainant said he has not repeated the comments he made in 2018. The complainant also said the article did not include his full response to questions asked of him by the journalist prior to publication and the comments that were included did not fairly reflect the comments he made.   In response, the publication accepted that the word “rekindles” in the headline was not accurate and said to resolve the complaint it promptly offered to amend the headline of the online article and to also publish a correction of the headline in print. The publication said an amended online headline would remove the word “rekindles” and would make it clear the article is referring to the complainant’s past position on the Turnbull government's 2018 proposal. It also said it would add the year 2018 to the lead paragraph of the online article, instead of where it is currently mentioned in the third paragraph, to ensure that readers understood that the complainant’s criticism of the Turnbull government's proposal took place in the past. The publication said, in relation to publishing the complainant’s response in full, that it would not routinely do so. It said it is the role of journalists and editors to distil and edit material to bring relevant facts to readers. The publication said it included relevant aspects of the complainant’s response and summarised his other point. It also said it offered the complainant an opportunity to write a letter to the editor to further expand on his views.  

Conclusion

  The Council’s Standards of Practice require publications to take reasonable steps to ensure that factual material in news material is accurate and not misleading (General Principle 1), and presented with reasonable fairness and balance, and that writers’ expressions of opinions are not based on significantly inaccurate factual material or omission of key facts (General Principle 3). They also require publications take reasonable steps to provide a correction or other adequate remedial action if published material is significantly inaccurate or misleading (General Principle 2) and provide an opportunity for a response to be published by a person adversely referred to (General Principle 4).   The Council notes the publication’s acceptance that the use of the word “rekindles” in the headline is inaccurate. The Council also notes that on the material before it, there is no suggestion that the complainant had repeated the comments he made in an article in 2018 concerning a government proposal. The Council further notes that the article’s opening sentence adds to the misconception that the complainant’s comments are contemporary. The Council considers that in stating that the complainant had rekindled his attack on a past government proposal, the publication failed to take reasonable steps to be accurate and not misleading. Accordingly, the publication breached General Principle 1.   The Council notes that in resolution of the complaint, the publication offered to amend the online article and to publish a correction in print when it was notified of the complaint by the Press Council. The Council notes however, that at the time of the Adjudication Panel hearing, the online article remained uncorrected, and the print correction had not occurred. Given the reference to the complainant rekindling his attack on a government proposal is significantly inaccurate and misleading and remained uncorrected for some time, the publication failed to take reasonable steps to provide a correction or other remedial action. Accordingly, the publication breached General Principle 2.   The Council recognises the publication’s offer of a correction was not accepted by the complainant, and also that the publication subsequently corrected the online article. However, the Council emphasises the obligation under General Principle 2 to provide a correction is unqualified, and should have been made when the inaccuracy was identified.   In relation to the complainant’s comments in response to being contacted by the journalist, the Council acknowledges there is no obligation on the publication to publish his comments in full and it is not standard practice to do so. The Council considers the complainant’s comments included in the article were a fair and reasonable summation of his criticisms of the publication and his views on assisting women in the workplace. Accordingly, the Council concludes the publication did not breach General Principle 3.   The Council considers the publication’s offer of a letter to the editor in relation to the complainant’s views on assisting women in the workplace to address gender inequality was an adequate response. Accordingly, the Council concludes the publication did not breach General Principle 4. This finding is not inconsistent with the finding of a breach of General Principle 2, as General Principle 4 imposes a different and separate obligation.  

Relevant Council Standards

  This Adjudication applies the following General Principles of the Council.   Publications must take reasonable steps to:

1. Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion.
2. Provide a correction or other adequate remedial action if published material is significantly inaccurate or misleading.
3. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.
4. Ensure that where material refers adversely to a person, a fair opportunity is given for subsequent publication of a reply if that is reasonably necessary to address a possible breach of General Principle 3.

The Press Council considered a complaint about an article published in the Mercury headed “Interim FVO left standing as Adam Brooks and former partner head to mediation” online on 16 September 2021 and “Court bid on Brooks” in print on 17 September 2021.   The article reported that the complainant, who is an ex-partner of Tasmania’s former Mines Minister, Adam Brooks, “has applied for a family violence order against Mr Brooks.”  The article included a photograph of the complainant and quotes from the complainant’s address to the court saying “‘He kept coming into the house even after he moved to Brisbane. He would come in while I was at work and spend time there … And he would watch me from a lookout.” It reported that the Magistrate upheld an interim Family Violence Order (FVO) against Mr Brooks and set the matter down for mediation at a later date. The article went on to include comments from Mr Brooks’ lawyer saying the “respondent denies any wrong doing whatsoever and the allegations are very much in dispute.”   The complainant said that the publication had repeatedly named her in the article as the Applicant of the FVO and had included a prominent photograph of herself with Mr Brooks. The complainant said she felt humiliated as the community would know about her past relationship with Mr Brooks and about the FVO. The complainant said that, as the Applicant for the FVO, she was seeking the protection of the court. The complainant said that, as the Applicant seeking an FVO, there was no public interest justification for the publication to intrude on her reasonable expectations of privacy or for it to contribute to her distress and the risk to her safety.   The complainant said that while she acknowledges the important role media can play in highlighting issues of family violence, and that naming perpetrators can act as a deterrent to future offending, reporting on family violence should not deter victims from coming forward and seeking the assistance of the courts for fear of being named by the media.   In response, the publication said the article is a news report of proceedings held in open court, with no suppression order on the identity of the complainant issued by the court or sought by the complainant. The publication said there is significant public interest in ensuring the media is able to report on the due administration of justice, including the matters heard, evidence raised, and parties involved in open court proceedings. The publication said its general policy is to not name alleged victims when reporting on domestic and family violence proceedings in open court. It said, however, given the high-profile nature of the former couple, the publication considered that its readership would have been aware that the article was referring to the complainant even if it had not named her, as the complainant’s relationship with Mr Brooks was public knowledge. The publication also said it sourced the photograph included in the article from the complainant’s Facebook page. It said, on balance, the public interest in naming the complainant was appropriate.   During the Adjudication hearing, the publication said it now considered it appropriate to remove the complainant’s name and photograph from the article.  

Conclusion

  The Council’s Standards of Practice applicable in this matter require publications to avoid intruding on a person’s reasonable expectations of privacy, unless doing so is sufficiently in the public interest (General Principle 5) and to avoid causing or contributing materially to substantial distress or prejudice, or a substantial risk to health or safety, unless sufficiently in the public interest (General Principle 6). They also require that unless otherwise restricted by law or court order, open court hearings are matters of public record and can be reported by the press. Such reports need to be fair and balanced. They should not identify relatives or friends of people accused or convicted of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or subsequent legal proceedings (Privacy Principle 7).   The Council accepts there were no suppression orders in place to prevent the publication from naming the complainant, nor were there any other legal restrictions preventing it from doing so. It is also clearly in the public interest for publications to report on findings of the courts, including in this case that a former Mines Minister, Adam Brooks was the subject of court proceedings.  Nonetheless, the Council considers that given the sensitive nature of the court proceedings in seeking an order to protect the complainant and the fact that the complainant’s actions were not the subject of court scrutiny, there was a reasonable expectation that the complainant’s privacy should not be intruded upon. The Council considers that, in the circumstances, the reporting of the complainant’s name and the inclusion of a prominent photograph of her was not sufficiently in the public interest to outweigh this expectation of privacy. The Council also considers that in this matter, the absence of a suppression order does not reduce this expectation of privacy. Accordingly, the Council concludes that General Principle 5 was breached in this respect.   The Council also considers that the publication failed to take reasonable steps to avoid causing substantial distress or a substantial risk to health or safety. Identifying the complainant in a report of court proceedings concerning allegations of domestic violence was likely to cause substantial distress without a sufficient public interest justification. The Council notes that publishing the complainant’s name and a prominent photograph of her was unnecessary and did not add to the report of court proceedings. Accordingly, the Council concludes that General Principle 6 was also breached in this respect.   As the complainant initiated the court proceedings, and is not merely a relative or friend of an accused person, the Council makes no finding in relation to Privacy Principle 7.   The Council notes that this matter highlights for all publications the need to exercise great care and respect when reporting on matters concerning family and domestic violence. In this context, the Council notes amongst other matters highlighted in its Advisory Guideline on Family and Domestic Violence Reporting, is that the safety and well-being of those affected by family violence must be the primary consideration. Publications should not publish information that could cause or contribute to the risk of harm, offence or distress.  

Relevant Council Standards

  This adjudication applies the following General Principles of the Council. “Publications must take reasonable steps to:

5. Avoid intruding on a person’s reasonable expectations of privacy, unless doing so is sufficiently in the public interest
6. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest.”

Privacy Principle 7: Sensitive personal information   In accordance with Principle 6 of the Council's Statement of General Principles, media organisations should take reasonable steps to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest. Members of the public caught up in newsworthy events should not be exploited. A victim or bereaved person has the right to refuse or terminate an interview or photographic session at any time. Unless otherwise restricted by law or court order, open court hearings are matters of public record and can be reported by the press. Such reports need to be fair and balanced. They should not identify relatives or friends of people accused or convicted of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or subsequent legal proceedings.

The Press Council considered whether its Standards of Practice were breached by the publication of an article by Daily Mail Australia on 10 January 2017, headed “Transgender woman, 24, accused of bludgeoning two innocent people with an axe at 7-Eleven was born as a boy named Karl – but had a sex change two years ago in Thailand to become Evie”. It also included sub-headlines that “[i]n 2015, Ms Amati had a sex change operation” and that “[s]he travelled to Thailand for the op after years of identifying as transgender”.   The article reported on a transgender woman arrested and charged in relation to a “terrifying axe attack” in Sydney. It reported that she “grew up… in an Italian family” and identified the Australian capital city and high school she had attended. It said she moved to Sydney in 2010, identifying her university and degree, and published a series of photographs and comments from her Facebook account dating back to that year. It said she “deleted all the photos of herself from when she was as a man” from Facebook with an exception, which it published, identifying the event at which it was taken.   It published the woman’s comments in 2012 about having “wanted to be a girl for a while now”, which it said was “met with enthusiastic support from her friends and family”. It cited a transgender person who inspired her having “discussed composing a ‘coming out’ email to colleagues” at her place of employment, which was identified along with her role she worked in up to the day of the attack. It reported her subsequent social media post that she “gained approval to start hormone replacement therapy”. It included photographs of her “playing as a woman” in a band in 2013 and 2014 and as “Karl” in 2011.   The article said the woman “travelled to Thailand in January 2015 for a sex change” operation and “was accompanied on the trip by her girlfriend”, who was identified by name, including photographs of them together. It also included a photograph from the girlfriend’s Facebook account, which also included the woman’s “mother, sister…and an unidentified man, along with herself”. The article contrasted the “happy, idyllic scenes of self-affirmation and family love” and the circumstances of the alleged crime.   The article reported that when the woman first appeared in court, she requested supplies of an oestrogen booster and a testosterone suppressor, “both used in male to female transitions”. The article was later updated to note that the woman’s lawyer since attributed the attack to a “combination of sex change drugs and antidepressants”; that it “was widely speculated on social media that the transgender drugs may have contributed to the attack, especially when combined with the antidepressants she also requested”; and that “[t]here was wide public concern about whether [she] would be housed in a male or female prison…before it was known if she was pre- or post-sex change operation”.   The Council asked the publication to comment on whether, given the significant coverage of the woman’s transgender status and transition history and the coverage of family and friends not involved in the alleged crime, it took reasonable steps to ensure fairness and balance as required by General Principle 3; to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest as required by General Principle 6; and to avoid identifying relatives or friends of people accused of a crime unless such references are necessary for the full, fair and accurate reporting of the crime or subsequent legal proceedings, according to Privacy Principle 7.   The publication said it was aware prior to publication of suggestions that the woman’s transition may have influenced the alleged attack, which was carried out around the second anniversary of the surgery, and that this was a factor in deciding to include details of the surgery in the article. It also said after the woman requested transgender drugs, speculation arose about whether these may have contributed to the attack, and referred to its later report that the woman’s lawyers had raised a defence based on the effect of the drugs, so the article was updated to reflect this.   It said all the information in the article about her transgender background had been made publicly available by the woman on Facebook and the article reported on her transition in a positive way, including comments from supportive family and friends.   As to publishing the Facebook posts of the woman’s girlfriend, the names of the girlfriend and sister, and photographs of them as well as her mother and an unidentified man, the publication said these had been publicly available on Facebook for two years and it had tried to contact the woman’s girlfriend before publication for comment, but had been unsuccessful.   Conclusion   The Council is satisfied that the woman’s transgender status was suggested by her request in court to be supplied with certain drugs. The factual material published about the woman’s background appears to have been obtained from her public Facebook page and there is no suggestion it was not presented in an accurate manner. While the Council is concerned about the many prominent references to the woman’s transgender status, especially in the headline and sub-headlines, the Council is satisfied that on the material available to it that reasonable steps were taken by the publication to report the factual material with fairness and balance. Accordingly, the Council concludes there was no breach of General Principle 3.   In considering whether the publication took reasonable steps to avoid causing or contributing materially to substantial offence, distress prejudice or a risk to health or safety, the Council considers it is appropriate to take into account the nature of the alleged crime as reported, that the woman had requested transgender related and anti-depressant drugs, and that the personal background material was made available publicly by the woman on Facebook. While the Council is concerned about the extensive material in the article about her transgender status, given the nature of the alleged crime and information about the drugs being taken by the woman, the Council does not consider the publication breached General Principle 6 in this respect. Notwithstanding this, the Council considers that the Australian community may be at an early stage of understanding the appropriate approach to reporting transgender issues, and there is a need for caution and sensitivity in reporting on such matters.   However, the publication included photographs of and the full name of her partner, as well as some of her personal Facebook comments. It also named the woman’s sister and included photographs of her as well as their mother an unidentified man with them. It was not necessary to include this level of detail and in any case, the faces of the woman’s friends and family could have been pixelated in the photographs. There was no sufficient public interest that justified doing otherwise. Accordingly, the Council considers the publication failed to take reasonable steps to avoid causing or contributing materially to substantial offence, distress or prejudice, or risk to health or safety, and General Principle 6 was breached in this respect. For the same reasons, Privacy Principle 7 was also breached.   This adjudication applies the following Standards of Practice of the Council:

3. Ensure that factual material is presented with reasonable fairness and balance, and that writers’ expressions of opinion are not based on significantly inaccurate factual material or omission of key facts.
4. Ensure that where material refers adversely to a person, a fair opportunity is given for subsequent publication of a reply if that is reasonably necessary to address a possible breach of General Principle 3.
5. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest.

  Privacy Principle 7: Sensitive personal information In accordance with Principle 6 of the Council's Statement of General Principles, media organisations should take reasonable steps to avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest. Members of the public caught up in newsworthy events should not be exploited. A victim or bereaved person has the right to refuse or terminate an interview or photographic session at any time. Unless otherwise restricted by law or court order, open court hearings are matters of public record and can be reported by the press. Such reports need to be fair and balanced. They should not identify relatives or friends of people accused or convicted of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or subsequent legal proceedings.