Adjudications184829-Jun-2024Office of Public Prosecutions (Victoria)/Herald SunThe Press Council considered whether its Standards of Practice were breached by an article published in the Herald Sun headed “Top cop claims Director of Public Prosecutions knocked back police requests to prosecute racists”, 21 October 2023 online and “Police: DPP set racism high bar”, 22 October 2023 in print. The article reported on a Press Conference by Victoria Deputy Police Commissioner Neil Paterson. The article reported that “Victoria’s Director of Public Prosecutions (DPP) has repeatedly knocked back police requests to prosecute racists for breaches of the state’s racial vilification laws, police have confirmed”. The article went on to report that “Deputy Commissioner Neil Paterson … defended the force from allegations police were not properly enforcing the Racial and Religious Tolerance Act.” The article referred to Mr Paterson as saying that “racial vilification was a ‘complex offence’ to investigate and prosecute, and police regularly sent briefs of evidence to the DPP”. The article quoted Mr Paterson as saying “We’ve got many examples of us taking action and referring those matters to the Director of Public Prosecutions for a decision on whether there is sufficient evidence to prosecute”. The article also referred to Mr Paterson as saying that the “DPP had advised the ‘threshold’ for launching prosecutions was ‘high’”. The article went on to report that the “cases the DPP has refused to prosecute include a rally at which members of the Nationalist Socialist Network performed Nazi salutes and made offensive statements”. The article said that “Mr Paterson’s defence of Victoria Police followed criticism from the Jewish community” that “the force had used the laws to prosecute anti-Muslim racists, but not similar attacks on the Jewish community”. The complainant said that it was inaccurate and misleading to report that Victoria Police “regularly” provides racial and religious vilification briefs to the DPP for consideration and to also report that the DPP had advised Victoria Police that the threshold for prosecution is “high”. The complainant also said that it was inaccurate and misleading to report that Victoria Police “regularly sent briefs of evidence to the DPP” and omit to report Mr Paterson as saying that “there’s very few charges in any year where we consider a charge under the Racial and Religious Tolerance Act to put a matter before the Director of Public Prosecutions.” The complainant said the result was an article which conveyed the unmistakable inference that there was a fundamental disagreement or difference of opinion between Victoria Police and the DPP regarding the prosecution of racial and religious vilification offences. The complainant also said that it had not been given a reasonable opportunity to reply to the content of the article before publication because the publication had not contacted the DPP through its designated media email address or media staff. The complainant said that the publication had been in contact with several DPP media staff in relation to other enquiries and the personal phone numbers and email addresses were known to the publication. In response, the publication said that its reporting was fair and accurate. The publication said that racial vilification is a rare and somewhat novel offence and in that context it was entirely reasonable to report that Victoria Police “regularly” sends briefs to the DPP in circumstances where the Deputy Commissioner had stated “we’ve got many examples of us taking action and referring those matters to the Director of Prosecutions”. The publication said that in relation to the comments that the DPP had been advised that the “threshold” for launching prosecutions was “high”, is not intended to be a summary of the precise and obscure minutia of the test applied by the DPP. In support of this comment, the publication referred to the Deputy Commissioner’s statement that “The threshold is high under that legislation”. In relation to contacting the DPP for comment, the publication said it made two unanswered calls to the DPP’s switchboard at approximately 5pm on Saturday, 21 October 2023. The publication also noted that the DPP did not have an out of hours contact number. 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 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 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). In considering the complaint, the Council had regard to a video recording and transcript of the Press Conference against the content of the news article. The Council notes that Mr Paterson stated that the Racial and Religious Tolerance Act was complex legislation and that “the threshold is high under that legislation.” He also stated that the offence under the Act was “a complex offence that requires certain elements to be present before police will take action and put a Brief of Evidence together for consideration by the Director of Public Prosecutions.” Accordingly, the Council considers that Mr Paterson was stating that it was the legislation that set a “high bar” on prosecution and not the DPP. In relation to this, he stated that whether or not an incident leads to a prosecution “rises and falls on the circumstances of any particular matter” and “on the evidence that’s available, the particular behaviour that’s been exhibited.” While the Council acknowledges that Mr Patterson did say that Victoria Police had “recently put Briefs of Evidence to the Director for a decision, and we’ve had that come back that there is insufficient evidence in other similar sorts of examples of this offence occurring” the Council is satisfied that he did not say that the DPP had advised that the threshold for launching prosecutions was "high” or that the DPP had “repeatedly knocked back requests” to prosecute matters. The Council also notes that Mr Paterson stated that “there’s very few charges in any year where we consider a charge under the Racial and Religious Tolerance Act to put a matter before the Director of Public Prosecutions. It doesn’t happen very often because the circumstances that give rise to a charge doesn’t happen very often.” Accordingly, the Council considers it was misleading to report that Victoria Police “regularly sent briefs of evidence to the DPP”, without providing the broader context of Mr Paterson’s statement. The Council notes that in the absence of Mr Paterson’s comments that there are “very few charges” that are put before the DPP, along with the headlines and the opening paragraph, the article misleadingly and unfairly suggest that there was a disagreement between Victoria Police and the DPP in relation to the prosecution of the Act. The Council is satisfied that on the material before it, that the comments by Mr Paterson concerned the complexity of the Act. Accordingly, the Council finds a breach of General Principle 1. The Council notes the attempts the publication says it took to contact the complainant for comment. However, in the context of reporting on a matter of significant public interest, the Council is not satisfied that two calls to a switchboard late on Saturday afternoon constitutes reasonable steps. Accordingly, the Council finds a breach of General Principle 3. As to corrective or remedial action, the Council considers the article is significantly misleading. The Council also notes that after the article was published, the complainant contacted the publication to raise its concerns with the article and seek a correction. The Council notes that on the information before it, the publication has not offered the complainant with an opportunity for a subsequent reply. Accordingly, the Council concludes that General Principles 2 and 4 were breached. Relevant Council Standards This Adjudication applies the following General Principles of the Council: Publications must take reasonable steps to: Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion. Provide a correction or other adequate remedial action if published material is significantly inaccurate or misleading. 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. 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. More
Adjudications184928-Jun-2024Complainant/The Daily TelegraphThe Press Council considered whether its Standards of Practice were breached by a video published by The Daily Telegraph on its social media platforms on 12 November 2023. The video was titled “Terrifying CCTV footage has emerged of the moment a Melbourne burger store exploded in flames that sparked pro-Palestinian protests exploded in flames”. The video showed CCTV footage of what has been reported to be a firebombing of a Melbourne burger store. Along with CCTV material, the video also included footage taken by an individual from the community showing the fire’s aftermath which included the individual’s commentary and associated captions on the fire. In response to a complaint, the Council asked the publication to comment on whether the material complied with the Council’s Standards of Practice, which require publications to take reasonable steps to avoid causing or contributing materially to substantial offence, distress or prejudice or a substantial risk to health and safety without sufficient public interest justification (General Principle 6). The Council noted that the complaint raised concerns that the published material may be described as hate speech. In response, the publication said that the publishing of the video on its social media platforms was a mistake caused by a breakdown in its system, which resulted in the wrong video being published temporarily. The publication said that when the mistake was realised, the video was removed from both social media platforms. The publication said that it has since put in place new safeguards to ensure such a mistake is not repeated. Conclusion The Council accepts the publication’s comments that the publication of the video was not intentional and notes the steps it says it has taken to prevent further mistakes, such as this, from reoccurring. However, the Council notes that despite being informed of the significant concerns with the video content soon after its publication, it remained online for a number of weeks before it was eventually removed. The Council considers that given the video’s inflammatory language, the publication failed to take reasonable steps to avoid causing or contributing to substantial offence, distress or prejudice, or a substantial risk to health or safety and that there was insufficient public interest justifying it doing so. Accordingly, the Council concludes that the publication breached General Principle 6. Given the offensive, distressing or prejudicial nature of the comments made by the individual in the video, the Council has chosen not to republish those words. Relevant Council Standards Publications must 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. More
Adjudications184618-Jun-2024Complainant/news.com.auThe Press Council considered whether its Standards of Practice were breached by a homepage item published by news.com.au on 15 November 2023 headed “DARK ISLAMIC THREAT: Terrifying one-word warning after store bomb”. The homepage item included a sub-headline “The Palestinian-Australian owner of a popular Melbourne burger joint that was firebombed has revealed the drastic move he made after receiving a death threat”. The homepage item included a CCTV image of the firebombing, an image of the firebombed store and an image of the store owner. The homepage item linked to an article headed "Owner of Melbourne’s Burgertory chain reveals family living in ‘safe house’ after store firebombed, death threats”. 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 that require reasonable steps to be taken to ensure that factual material in news 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, unless doing so is sufficiently in the public interest (General Principle 6). In relation to this, the complaints expressed concern that the headline implies that Islam is making a dark threat. In response, the publication said that the use of the words “Islamic threat” were clumsy. The publication said it has shared the Council’s guidelines on the use of ‘Religious terms in headlines’ to ensure its homepage editors are better educated when reporting on future stories. The publication also said that the article which the homepage item linked to, had a different headline and that once the article moved of the homepage, the headline was no longer visible to any readers. Conclusion The Council notes that prominent references to religious or ethnic groups in headlines can imply that a group, as a whole, is responsible for the actions of a minority among that group. Accordingly, in reporting on instances of violence purportedly conducted in the name of religion, publications must take reasonable steps to identify the particular sources of violence as clearly as possible. Although the Council acknowledges that the homepage item linked to an article that had a different headline, it considers that the prominent reference to Islam in headline along with the words “DARK” and “THREAT” unfairly suggests that the religion of Islam as a whole is responsible for the threat and the associated firebombing. The Council notes that in not making it sufficiently clear that the purported ‘Islamic threat’ referred to a comment made on social media, the publication did not take reasonable steps to ensure factual material was presented with reasonable fairness and balance. Accordingly, the Council finds the article breached General Principle 3. Given that it was not made sufficiently clear that the religion of Islam as a whole was not responsible for the purported ‘Islamic threat’, the Council considers that the publication did not take reasonable steps to avoid contributing to substantial prejudice which was not justified by the public interest. Accordingly, the Council concluded that the publication breached General Principle 6. The Council welcomes the publication’s comments that it has taken steps to educate its editors on the use of religious terms in headlines. Relevant Council Standards This Adjudication applies the following General Principles of the Council. Publications must take reasonable steps 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. 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. More
Media ReleaseMeta’s decision to stop paying for news content a blow to journalism, press freedom and democracyMore
Adjudications184515-Mar-2024Complainant/The AustralianThe Press Council considered whether its Standards of Practice were breached by an article published in The Australian on 13 June 2023, headed “’Gender affirming’ care is destroying vulnerable kids” in print and “Why ‘gender affirming’ care is destroying our most vulnerable kids” online. The article is an opinion piece on what the columnist considers to be the controversies of gender affirming healthcare involving children and adolescents, describing it as a “public health crisis caused not by a virus, not by a disease, but by social contagion”. The columnist said the notion that there are not just “two sexes, or that it is actually possible to change sex or be ‘non-binary’ …” has been embraced with enthusiasm by politicians, noting for example, the passing of “laws that allow people to falsify their birth certificates on the basis that they now feel as if they are a different sex to the one in which they were born”. The columnist said “Other laws have been passed criminalising the work of therapists who try to help children, adolescents and adults become more comfortable with the only body they have” and that when the Family Court (Re: Kelvin) held that the prescription of cross-sex hormones to adolescents no longer required court approval if parents and doctors were in agreement, it “To a great extent … relied on the affidavit of one medical practitioner from the Royal Children’s Hospital in Melbourne” when it reached this decision. The columnist also said that a “substantial portion” of children who identify as a gender other than their biological sex “are on the autism spectrum”; that “Without puberty blockers, the unequivocal research evidence is that most children resolve their gender identity issues before or while going through puberty” and that “After systematic reviews of the medical evidence, the treatment has been all but banned in Finland, Norway and Sweden outside of strictly controlled research programs.” In response to a complaint received, the Council asked the publication to comment on whether the article breached the applicable Standards of Practice requiring publications to take reasonable steps to ensure factual material is accurate and not misleading (General Principle 1), and to ensure factual material is presented with reasonable fairness and balance and writers’ 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 had expressed concern that the statements regarding the falsification of birth certificates, that laws have been passed criminalising the work of therapists who try to help children, adolescents and adults become more comfortable with their body and that the Family Court relied on the affidavit of one medical practitioner from the Royal Children’s Hospital in Melbourne are without factual basis. Similarly, the complaint noted that statements concerning autism and its links to gender dysphoria, that those who do not use puberty blockers, resolve their gender issues before or while going through puberty, and that gender affirming healthcare has been all but banned in Finland, Norway and Sweden, are without factual basis. In response, the publication noted that some Australian states allow changes to birth certificates based upon self-identification and because no legal checks are required if a person chooses to change their gender, it raises the possibility that a birth certificate could be altered under false assumptions. The publication also said that the effect of the various State legislation that makes it illegal to engage in ‘conversion therapy’, is to potentially criminalise the work of therapists who try to help children, adolescents and adults become more comfortable with their bodies. The publication hypothesised that someone could complain to authorities that they regard the therapists’ actions or methods as ‘conversion therapy’ unless the therapist chooses to ‘affirm’ that person’s chosen gender identity. In relation to the Family Courts decision, the publication noted that the columnist is a Law Professor who has provided detailed analysis in a peer reviewed article on the Court’s decision. In support of its comments concerning autism and a link to gender dysphoria, the publication referred to a number of research studies, including a position statement by the Royal Australian and New Zealand College of Psychiatrists. The publication also referred to a number of studies as evidence to support its comments that there is a high rate of desistance in pre-pubescent children which has not involved the prescription of puberty blockers, or other interventions other than therapeutic support. In relation to the hospitals in Finland, Norway and Sweden, the publication noted that while the hospitals continue to offer a treatment program, the treatment is strictly controlled and takes place in the context of a research program. The publication said that it recognised that the issue of gender affirming healthcare is a complex and sensitive one and for this reason it has sought to publish a range of views on the matter. Conclusion The Council recognises that the article is clearly identified as an opinion piece and given the significant public interest of allowing freedom of expression and the undoubted public interest in the debate around gender affirming healthcare, the Council takes the view that such articles are entitled to express opinions with which some or even many may disagree. Nonetheless, even in an opinion piece, the obligation remains to take reasonable steps to comply with the Council’s Standards of Practice. In regard to the comment that the “…passing of laws that allow people to falsify their birth certificates”, the Council does not accept that there is anything in the material relied on by the publication to substantiate this statement. The Council notes the word “falsify” suggests a level of criminality or deceit that has not been made out by any of the material relied on by the publication. Accordingly, General Principles 1 and 3 were breached in this respect. In relation to the comment concerning the criminalisation of therapists, the Council notes that by not specifically referring to the illegal practice of conversion therapy, the statement misleadingly and unfairly suggests that therapists could be prosecuted for providing therapeutic care. The Council does not consider there is anything in the material relied on by the publication to substantiate this statement. Accordingly, General Principles 1 and 3 were breached in this respect. In regard to the statements that there is a link between autism and gender dysphoria; that the Family Court relied on to a great extent, the affidavit of one medical practitioner, and that without puberty blockers, the unequivocal research evidence is that most children resolve their gender identity issues before or while going through puberty, the Council notes that the publication referred to and provided material in support of each of these expressions of opinion and considers that there was a reasonable factual basis for the comments. Accordingly, General Principles 1 and 3 were not breached in this respect. As to the comments that hospitals in Finland, Norway and Sweden have all but banned gender affirming healthcare, the Council accepts that the publication did not state that this care was no longer provided by the hospitals and notes the publication’s comments that the treatment is strictly controlled in a research setting. Accordingly, General Principles 1 and 3 were not breached in this respect. 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. 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.More
Adjudications184413-Jan-2024Townsville Hospital and Health Service/The Courier MailThe Press Council considered a complaint from Townsville Hospital and Health Service (the hospital) concerning two articles published in print and online in The Courier Mail and the Sunday Mail. The first article is headed “Hospital silent on shooting victim” in print and “Police shot dead Townsville man hours after hospital discharge” online on 23 April 2023. The second article is headed, “HOSPITAL DEATH TRAP /’THEY WON’T HELP ME’” in print on 6 May 2023 and “’They won’t help me’: Teen’s desperate post before suicide” online on 7 May 2023. The first article reported that “A review will be undertaken into the circumstances surrounding the death of a Townsville man who was shot by police just hours after his release from hospital. The Kirwan shooting on Friday night occurred just a day after police spent two hours negotiating with the same man in a siege situation on Bel Air Ave, before he surrendered and was admitted to Townsville University Hospital.” It said that “Townsville’s Hospital and Health Service chief avoided answering a string of questions on the shocking timeline of events and the hospital’s decision to discharge Steven Angus, 52, after the lengthy siege.” It went on to report that “Townsville Hospital and Health Service chief executive Kieran Keyes confirmed a ‘comprehensive clinical review will be completed by the health service to determine what learnings or actions may result from this tragic incident ... I am unable to provide any details due to patient confidentiality’”. The second article reported “A young Queensland woman suffering depression and pleading for help was repeatedly told to go home by staff at a Townsville hospital after self-harming and took her own life just hours after being discharged yet again.” It said that the woman’s “care at Townsville University Hospital is now being investigated in a ‘full clinical review’” following her death after she was released from the mental health unit in October.” It reported that “The revelation comes just a week after the same hospital came under scrutiny for sending a veteran “home after trying to harm himself, just hours before he was shot dead by police.” The article went on to report the hospital’s Chief Executive saying “…Our health service is subject to privacy and confidentiality legislation and for this reason, I am unable to provide any further details about Ms Morison’s care. Intensive mental health care is complex, and it is our priority to ensure the care of each individual person is tailored in a setting that best suits their needs …”. In relation to the first article, the complainant said it suggests that the man’s death was the direct result of the hospital’s decision to discharge him. The complainant said that despite the publication being made aware on multiple occasions that because of patient privacy and confidentiality legislation, it could not comment on the man’s care, it reported that the hospital “avoided answering questions” to imply that this was a tactic used by the hospital to avoid commenting publicly. The complainant said the publication’s way of reporting has eroded community trust in the hospital’s mental health services creating a genuine risk that someone in need of care may be reluctant to come forward because their confidence in the hospital’s services has been seriously shaken. In relation to the second article, the complainant said the reporting on a mental health patient who took her own life was sensationalist and reckless. The complainant said the print headline, in particular “… HOSPITAL DEATH TRAP”, and reporting that the woman had died within “hours of discharge” erodes community trust and confidence in the hospital’s mental health service and has also had an adverse effect on the clinical staff who are unable to defend themselves without the benefit of a fair right of reply because of patient privacy and confidentiality legislation. In response, the publication said that it rejects the accusation that the reporting was sensationalist. It said it takes seriously its reporting on mental health issues in the community and that reporting on such matters is clearly in the public interest. The publication said it is not its job to ensure trust and confidence in public mental health services, but the job of the hospital. It also said that it was not trying to stop people from coming forward for help, but to ask questions and prompt answers, to ensure that when people do come forward they receive the best care possible. In relation to the first article, the publication said that it was a factual report of what occurred and that it had provided the hospital with a fair right of reply, noting its response to its questions were included in the article. It also said that the hospital has been criticised by the police, the police union and is the subject of a coroner’s investigation. In relation to the second article, the publication said it is a fact that the patient did take her life within hours after leaving the hospital and that the mother and sister of the woman who died had raised questions about the care she received at the hospital. The publication said the hospital was approached for comment, and its response was included in the article. Conclusion The Council’s Standards of Practice require publications to 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 (General Principle 6), and that reports of suicide should not be given undue prominence, especially by unnecessarily explicit headlines or images. Great care should be taken to avoid causing unnecessary harm or hurt to people who have attempted suicide or to relatives and other people who have been affected by a suicide or attempted suicide. This requires special sensitivity and moderation in both gathering and reporting news (Specific Standard 7 – Coverage of Suicide). In relation to the first article, the Council acknowledges that the comment that the hospital “avoided answering questions” could infer that the hospital was intentionally withholding information on the man’s care. The Council also acknowledges the complainant’s comments that the reporting on this matter, including the headline, caused significant distress to members of its staff. However, although the Council recognises that the hospital’s patient confidentiality obligations limit its ability to respond to media enquiries, it notes the hospital’s response to the enquiries was included in the article. The Council also considers that, to the extent the reporting on the matter did cause substantial offence or distress, or a substantial risk to health and safety, this was outweighed by the significant public interest in reporting on the shooting and the events which preceded it. Accordingly, the Council finds that the publication did not breach Principle 6. In relation to the second article, and specifically in relation to the print headline, the Council accepts that it could have been less emotive given the sensitivities of the issue. However, the Council notes that the immediate family of the woman who died by suicide were highly critical of the hospital. Accordingly, the Council finds that the publication took reasonable steps to comply with Specific Standard 7 on Coverage of Suicide and finds no breach of this Standard of Practice. Note: If you or someone close to you requires personal assistance, please contact Lifeline Australia on 13 11 14. Relevant Council Standards This Adjudication applies the following General Principle of the Council. Publications must take reasonable steps to: General Principle 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. This Adjudication also applies the following Specific Standard on Coverage of Suicide. Specific Standard 7 – Reports of suicide should not be given undue prominence, especially by unnecessarily explicit headlines or images. Great care should be taken to avoid causing unnecessary harm or hurt to people who have attempted suicide or to relatives and other people who have been affected by a suicide or attempted suicide. This requires special sensitivity and moderation in both gathering and reporting news.More