Adjudication No. 366 (April 1988) [1988] APC 13

ADJUDICATION No. 366 (April 1988)

It is the practice of the Australian Consumers' Association to issue to media outlets complimentary copies of its magazine, Choice, with embargo stickers attached to the cover stipulating the date until which the issue is embargoed. The ACA complains to the Press Council against the Adelaide Advertiser because of its "frequent deliberate breaches of our media embargo dates". It says that subscribers to Choice have complained that they read of ACA surveys in the Advertiser before they receive their copies.

The Adelaide Advertiser has replied to the effect that, while the Advertiser treats embargo statements seriously, it has found that the embargoed copy intended for it quite often arrives late.

The Advertiser claims that it has received copies of Choice from other sources - subscribers to the magazine - and that in publishing stories based on these sources is not breaching the embargo. In reply the ACA says that only the Advertiser regularly breaches the embargo, and that the system will break down if this continues on.

Publishing stories based on sources other than an embargoed document does not involve a breach of an embargo.

The observance of voluntary embargoes is a practice which has grown up for the convenience both of the media and those issuing documents, press releases and other information. While the Council would censure an unjustifiable breach of an agreed embargo, there was no unethical behaviour in this case.