Adjudications183926-Aug-2023Complainant/NT News and Cairns Post The Press Council considered whether its Standards of Practice were breached by an article published in the NT New and Cairns Post on 3 September 2022, headed “Woke world is wobbling” in print. The article is an opinion piece in which the columnist stated that “In Britain, the gender fluidity clinic Tavistock was recently closed after an inquiry concluded allowing often confused and immature children to transition to another gender put them ‘at considerable risk’”. The columnist said that “Over the past 10 years the Safe Schools program has told students Australian society is guilty of homophobia, transphobia and heteronormativity and the way to achieve sexual freedom is to embrace what Roz Ward describes as a world where ‘bodies can blossom in extraordinary, new and amazing ways that we can only try to imagine today’”. The article went on to comment that “Even worse, notwithstanding events surrounding Tavistock, in Victoria Chairman Dan has legislated to stop parents, priests and health professionals from counselling young people about the dangers and harmful consequences of taking puberty blockers.” In response to complaints 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 complaints had expressed concerns that the inquiry into the Tavistock clinic (The Cass Review), does not state the clinic was closed for the reasons expressed by the columnist and that the Safe Schools program does not say or imply that Australian society is guilty of homophobia, transphobia and heteronormativity or to embrace comments apparently made by Roz Ward. The complainants also noted they were unaware of any legislation that prevents parents, priests and health professionals from counselling young people about the dangers and harmful consequences of taking puberty blockers. In response, the publication said the article is an opinion piece by a columnist who is a foremost authority on children’s education and social affairs affecting youth, who has chosen information from a variety of sources in support of his arguments. The publication referred the Council to a BBC article, headed “NHS to close Tavistock child gender identity clinic”, in relation to the comments concerning the Tavistock clinic, where Dr Cass, who undertook The Cass Review, mentioned risk as a reason the Tavistock clinic was closed. The publication said that booklets associated with the Safe Schools program include glossaries of terms referred to by the columnist in the article where there is a clear implication society is characterised by heteronormativity that leads to homophobia. The publication said that one of the co-designers responsible for the Safe Schools program has also publicly made such comments. The publication said the relevant Victorian legislation that prevents counselling against gender transitioning is the Change or Suppression (Conversion) Practices Prohibition Act 2021. 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, the Council takes the view that such articles are entitled to express robust and, at times, provocative views. Nonetheless, even in an opinion piece, the obligation is to take reasonable steps to ensure factual material is accurate and not misleading and expressions of opinion are not based on significantly inaccurate factual material or omission of key facts. In regard to the comment that the Tavistock clinic was “closed after an inquiry concluded allowing often confused and immature children to transition to another gender put them ‘at considerable risk’”, the Council does not consider that there was anything in the material relied upon by the publication that substantiated this statement. The Council notes that the BBC article referred to by the publication states, referring to the independent review led by Dr Hilary Cass, “She said that the current model of care was leaving young people “at considerable risk” of poor mental health and distress, and having one clinic was “not a safe or viable long-term option”.” The Cass Review, the subject of the BBC article, refers to the risk associated with the current model of care, “a single specialist provider model is not a safe or viable long-term option in view of concerns about lack of peer review and the ability to respond to the increasing demand”. The Cass Review, and the BBC article in turn, refer to the model of care at the Tavistock clinc as creating the risk, not the act of gender transition itself. In regard to the columnist’s comments concerning Safe Schools, the Council also does not accept that there was anything in material relied upon by the publication, to assert that students are being told that Australian society is guilty of homophobia, transphobia and heteronormativity. The Council does not accept that explanatory words contained in a glossary of terms, nor the public comments of co-designer of Safe Schools referred to by the publication, support the columnist’s comments in relation to this statement. In regard to the columnist’s comment that Victorian legislation prevents “parents, priests and health professionals from counselling young people about the dangers and harmful consequences of taking puberty blockers”, the Council notes that the publication did not refer to specific aspects of the legislation which contained such a prohibition and does not consider that there was anything in the material relied upon by the publication to substantiate this statement. Accordingly, the Council concludes the publication failed to take reasonable steps to ensure the factual material in the article is accurate and not misleading, and that the columnist’s expressions of opinion are not based on significantly inaccurate factual material or omission of key facts in breach of General Principles 1 and 3. 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
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Adjudications183809-Aug-2023Mayor Teresa Harding/Ipswich TribuneThe Press Council considered a complaint from Mayor Teresa Harding concerning an article published in the Ipswich Tribune headed “OIA won’t investigate Harding” in print and online on 10 August 2022. The article reported “THE Office of the Independent Assessor will not investigate complaints of misconduct against Ipswich Mayor Teresa Harding despite public outrage over her involvement in altering an officer’s report before it went to council for a vote. Councillors Nicole Jonic and Jacob Madsen have publicly criticised Cr Harding over the altered report on the re-naming of assets named after the Pisasale family, referring to the actions as ‘political interference’ and ‘questionable conduct’”. The article went on to report that “The Ipswich Tribune has since revealed a version of the report with tracked changes from Cr Harding, initialled ‘TH’, rewriting the officer’s recommendations to the council and deleting references to community feedback asking council to leave the names as they were.” It reported that “The manager resigned from her position at council after CEO Sonia Cooper directed her to hand the Mayor’s version of the report to council”. The complainant said the Office of the Independent Assessor (OIA) cleared her of any wrongdoing three weeks prior to the publication of the article in relation to the claim she had altered an officer’s report prior to its presentation to council. The complainant said the Local Government Act 2009 (the Act) encourages written feedback to the council’s CEO and that tracking changes is a common form of feedback. The complainant said any changes to the report were directed by the CEO and this was made clear in public meetings that are recorded and that are open to media scrutiny. The complainant said that despite the publication knowing that the manager referred to in the article was promoted to a more senior position in a different organisation, the article reported that she had resigned. In response, the publication said it is incorrect to say that the complainant was cleared of wrongdoing as the OIA did not investigate the complaint. The publication said that questions were raised by councillors in a June 2022 meeting as to how the Mayor had access to the officer’s draft report. It said the complainant was not the document owner and should not have had access to the report to be making tracked changes before it was handed down to the councillors. The publication said it has copies of the emails from the officer who clearly stated her opposition to the changes and that the timing of her resignation followed these actions. The publication said while it had published several stories on this issue, the reporting has sought balance, has been well researched and was clearly in the public interest. The publication said it had provided the complainant with an opportunity to submit a letter to the editor on the issue which was not accepted. Conclusion The Council’s Standards of Practice applicable in this matter require publications to take reasonable steps to ensure 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 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 accepts that on the information before it, the OIA investigated and then dismissed several complaints regarding the complainant’s conduct on the basis that the conduct did not raise a reasonable suspicion of inappropriate conduct or misconduct. The Council accepts the premise that the OIA’s decision to dismiss the complaints amounts to the complainant being cleared of wrongdoing. The Council therefore considers that the article’s statement that the OIA “will not investigate complaints of misconduct against Ipswich Mayor Teresa Harding”, and the references to the ‘alteration of the report’ and the inclusion of quotes referring to the complainant’s conduct as “political interference” and “questionable conduct”, unfairly and misleadingly suggest the complainant was not investigated by the OIA and had acted inappropriately. The Council considers that on the information before it, such assertions are without factual basis. Accordingly, the Council finds the publication failed to take reasonable steps to comply with General Principles 1 and 3. In the absence of independently verifiable information before it, the Council makes no finding concerning the article’s assertion that an officer resigned due to the complainant’s comments on the report. Given the article’s unfair and misleading comments concerning the alteration of a report, and the complainant’s attempts to draw this to the publication’s attention, the Council considers the publication failed to take reasonable steps to provide a correction or other remedial action in breach of General Principle 2. The Council notes the publication’s offer of a letter to the editor in relation to the complainant’s concerns. 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: 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
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Adjudications183707-Jun-2023Complainant/The Daily TelegraphThe Press Council considered whether its Standards of Practice were breached by an article published by the Daily Telegraph online on 11 March 2020 headed “Rian Ross Toyer in court accused of killing Mhelody Polan Bruno”. The article reported “A Wagga man accused of choking a transgender woman to death one week before she was reportedly set to fly home has fronted court.” The article went on to report that “Emergency services were called to a Tarcutta Street unit where they found the 25-year-old transgender woman from the Philippines unresponsive.” Mr Toyer was sentenced in 2021. In response to a complaint, 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 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 without sufficient public interest justification (General Principle 6). The Council noted that the complaint expressed concern that the prominent and repeated references to the victim’s transgender status were unfair and not justified by the public interest as the article established no relevance between the victim’s transgender status and the alleged crime. The publication noted the fact that the victim identified as a transgender person was referred to in a sentencing judgment delivered on 21 March 2021, where it was noted that the victim was born male but identified as female and would be referred to in the judgment as such. The publication said given the victim’s transgender status formed part of the judgment, it was in the public interest to report this fact. Conclusion The Council notes that the victim’s transgender status was only referred to in the sentencing judgment, which was published approximately 12 months after the article was published, for the purpose of recording the victim’s correct pronoun. The Council notes that there was no evidence provided that stated or implied that, during the hearing of the matter, the victim’s transgender status was raised as a contributing factor to her manslaughter. The Council has repeatedly stated over a long period that publications should exercise great care to not place unwarranted emphasis on characteristics of individuals such as gender, sexual orientation, race, religion, nationality, country of origin, marital status, disability, illness, or age. The Council has also stated 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 said in open court. Given the victim’s transgender status was not a contributing factor to her manslaughter, the Council considers the publication failed to take reasonable steps to ensure that factual material is presented with reasonable fairness in the absence of a public interest justification. While the Council has previously noted that there is a public interest in reporting on the serious issue of violence against transgender people, it notes that the facts of this matter did not give rise to such a public interest. Accordingly, the Council concludes General Principle 3 was breached. Given the victim’s transgender status was not raised in Court proceedings at the time as being a contributing factor to her manslaughter, the Council considers the repeated references to that status could lead some readers to conclude that this characteristic motivated her accused to take her life and was therefore either a cause of, or a factor in, her death. This could contribute to substantial prejudice against transgender people. The Council considers that in prominently identifying the woman as transgender in the sub-headline the publication failed to take reasonable steps to avoid contributing to substantial prejudice and that there was no sufficient public interest justifying it 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: 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
Adjudications183601-Jun-2023Complainant/The Daily TelegraphThe Press Council considered whether its Standards of Practice were breached by the publication of a cartoon in The Daily Telegraph in print on 16 November 2022 captioned “NOT THE QUESTION YOU WANT TO HEAR FROM AN ISIS BRIDE…”. The cartoon depicts a Muslim woman dressed entirely in black wearing a full veil or niqab and only showing her eyes. The woman is depicted asking a man, who is standing behind a ticket box that has the words “ALP FUND RAISER TICKETS” on the front of it, “HOW MUCH PER HEAD?”. In response to a complaint received, the Council asked the publication to comment on whether the material breached its Standards of Practice which require the publication 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). The Council noted that the complaint raised concerns that the cartoon was offensive to Muslims. In response, the publication said the cartoon should be considered in context of the news of the day. It said that as reported on its front page and in its editorial, the Australian Labor Party (ALP) had proposed a fundraising dinner in Sydney’s western suburbs. The publication said the Mayors of Fairfield, Liverpool and Campbelltown announced they were attending the dinner to confront the Prime Minister over his handling of the repatriation of women colloquially known as “ISIS Brides” - widows of Australian ISIS terrorists who were being brought back to Australia from camps in Syria. It said the mayors were angry about what they viewed as secrecy and a lack of consultation from the federal government that these women would be repatriated within their communities. It said that this action had caused great distress to families living within Western Sydney who had been refugees fleeing ISIS. In relation to the cartoon, the publication said it reminds us of the violent reality of terrorism and the Prime Minister’s tone-deaf attitude in holding an ALP fundraiser squarely in the heart of where these women were to be resettled. The publication said the cartoonist deliberately refrained from depicting the figure graphically, noting that the words in the speech bubble are chilling enough. The publication said the cartoonist drew the figure based on factual information and photographs of widows of Australian ISIS terrorists available online. It said the cartoonist had considered the harmful potential that readers could associate the figure with women of Muslim faith, who may also wear niqabs, and for this reason captioned the cartoon to clearly explain that the figure depicted was an ‘ISIS bride’. The publication said there is absolutely no intention for the cartoon to cause offence to Muslims, noting many of those who suffered at the hands of ISIS are Muslims themselves. Conclusion The Council recognises that cartoons are expressions of opinion that often use exaggeration and absurdity to make a point on serious issues. For this reason, the Council has consistently given significant latitude to cartoons when considering whether a publication has taken reasonable steps to avoid substantial offence, distress or prejudice. However, the Council considers that the significant public interest in allowing freedom of expression must be weighed against the equally significant public interest in not promoting prejudice. The Council also considers that a stated absence of intention by publication to cause offense, distress, or prejudice to a particular group or individual is not relevant to the consideration of whether a publication has taken reasonable steps to comply with its Standards of Practice. The Council notes that particularly in the context of race, ethnicity and religion, that publications should exercise great care to avoid going beyond exaggeration and absurdity by using graphical depictions that may instead reinforce offensive and prejudicial stereotypes. In relation to this, the Council notes the cartoon’s depiction of the ‘ISIS bride’ dressed in black wearing a full veil or niqab has the potential to associate all Muslim women who wear such clothing with Islamic terrorism. However, the Council concludes that the cartoon’s specific reference to ISIS brides in the caption, along with the comments made in a front page news report and accompanying editorial in the same edition of the cartoon, that some western suburb mayors had expressed concern with the ALP’s decision to repatriate ISIS brides into their communities, was sufficient to demonstrate that the publication took reasonable steps to comply with General Principle 6. Relevant Council Standards This Adjudication applies the following General Principles of the Council. “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
Adjudications183506-Apr-2023Complainant/Herald SunThe Press Council considered whether its Standards of Practice were breached by an article published by the Herald Sun online on 19 November 2022, headed "Daniel Andrews’ chief of staff met with election fixer". The article reported that “Daniel Andrews’ chief of staff has had direct contact with the election fixer who was caught boasting about rorting Victoria’s elections”. It reported that "Glenn Druery was exposed in a bombshell video, revealed by the Herald Sun on Thursday, boasting how he would ‘control’ who wins several key upper house seats in next week’s election – with ‘his’ MPs likely to share the balance of power.” It reported that “Mr Druery was also caught on film saying the ALP was happy not to reform the system he is rorting because he delivers the party a ‘crossbench they can work with’ in government.” The article went on to state that “Amid furore over the damning revelations, Mr Andrews on Thursday said: ‘I don’t believe I have ever met him, spoken to him, I don’t know him’. But the Herald Sun can reveal Mr Druery has had direct contact with Mr Andrews’ chief of staff, Lissie Ratcliff, during this term of government, and met with his office.” In response to a complaint 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 ensure that factual material is accurate and not misleading (General Principle 1); to ensure that factual material is presented with reasonable fairness and balance and to ensure that 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 raised concerns that the headline and article misleadingly and unfairly imply that Daniel Andrew’s chief of staff met with the “election fixer” in the context of the then upcoming Victorian election. In response, the publication said the article and headline are entirely factual and accurate. The publication said it rejects the proposition that the headline unfairly and misleadingly suggests that Daniel Andrews chief of staff met with an election fixer in the lead up to the November 2022 Victorian election. The publication said there is one “fleeting” reference to the State election in the article, however it is clear from the sixth paragraph of the 31-paragraph article that the meeting was held in 2019. The publication said that undermining of the democratic process is a matter of enormous public interest, and that the article was one of a series of 3 produced by the publication that questioned the preference distribution system under the Victorian Electoral Act and whether it was being manipulated by so-called “preference whispers in return for a commercial fee”. Conclusion The Council recognises that the ability of headlines to accurately reflect the tenor of an article may vary in the circumstances and that an article’s initial paragraphs often establishes a more accurate position. The Council also recognises that what constitutes reasonable steps to ensure factual material is not misleading may also vary in the circumstances. However, the Council considers that publications need to take great care in order to satisfy the reasonable steps standard in the context of reporting on an election, which is a subject of significant public interest. In this instance, the Council considers that the clear implication of the headline is that the “election fixer” met with Daniel Andrew’s chief of staff in the context of the then upcoming Victorian election. The Council also considers that given the article’s repeated references to the “election fixer” in the initial paragraphs followed by the revelation of the meeting with Mr Druery, the subsequent inclusion of Daniel Andrew’s denial of having met Mr Druery and his spokesman’s statement regarding the nature of Mr Druery’s meeting with the chief of staff, were insufficient to remedy this misconception. The Council considers that by referring to the “election fixer” in the headline and that the “election fixer” met with the chief of staff in the article, which was published immediately before an upcoming election, the publication failed to take steps to ensure factual material is not misleading in breach of General Principle 1. The Council also considers, that by making repeated and prominent references to the “election fixer”, the article unfairly implied that Daniel Andrew’s office was involved in election fixing in the context of the then upcoming election. Accordingly, the Council concludes the publication failed to take reasonable steps to present factual material with reasonable fairness in breach of General Principle 3. 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 factsMore