Adjudication No. 365 (March 1988) [1988] APC 12

ADJUDICATION No. 365 (March 1988)

In separate complaints, Mr J Berman and Mr R Wishart complain to the Press Council concerning a front page report in the Sydney Daily Mirror under the major title "WOMEN DEMAND DEATH PENALTY". In the first paragraph, the article states that...

Most Sydney women want the death penalty reintroduced for convicted child molesters and rapists.

This is followed by

According to a scientific survey commissioned by the Daily Mirror, 36 percent of Sydney women think execution is the best way of dealing with molesters, while 23 per cent advocate capital punishment for rapists.

On the front page, beside a drawing of a noose, in very bold type is printed the following table;

36% : Execute child molesters

23% : Execute rapists

32%: Jail molesters for life

34% : Jail rapists for life

15%: Castrate molesters

25%: Castrate rapists

Both Mr Berman and Mr Wishart complain concerning the inaccuracy of the headline and the first paragraph. Mr Wishart also complained that the use of the word "demand" is erroneous; The survey inquired only as to opinions held, and as such these could not properly be categorised as demands.

Mr Wishart was concerned that these aspects of the report could mislead casual readers and inappropriately influence political opinion.

The Daily Mirror accepts that the introductory paragraph is erroneous but was committed innocently. It argues that the bold panel immediately adjoining the paragraph and the second paragraph, as well, are sufficient to confirm the innocence of the error. The Mirror argues that the headline was not misleading.

The Press Council agrees that the introductory paragraph is incorrect, but having regard to the location of the panel as well as the following paragraphs, would accept that the mistake was unintended. The headline however does convey the impression not that a minority of women believed that child molesters and rapists should be executed, it rather suggests that a substantial body of women, perhaps a majority, not only believed that the death penalty was appropriate for certain crimes but that they were actively campaigning for its introduction.

Obviously, a certain licence must be given for the style of headline which summarises the story which follows. There is no objection concerning headlines which are designed to seize the attention of readers. However, this particular headline would, in the mind of an objective reader, create a different impression from that given by a close reading of the survey.

The complaint is upheld.