Adjudication No. 458 (October 1990) [1990] APC 30

ADJUDICATION NO. 458 (October 1990)

The Press Council has dismissed a complaint against the Burnie Advocate over an article on the Tasmanian Legislative Council election for the seat of Mersey.

The complaint was from a candidate in the election, Mr J G Campbell, who protested that he had been "put down" by being placed among the "outsiders" in a field of 13 for the seat; the article, published on 25 May, the day before the vote, had "destroyed his chances". Further, the paper had refused to publish a letter from him on the subject, even though it was delivered by 4 pm on 25 May, in time for publication on election day.

The Advocate denied classifying Campbell as an outsider, but conceded that the article did not give him much of a chance. As to the unpublished letter, the paper's legal advice was that the Tasmanian Electoral Act precluded publishing on election day any matter relating to comment. The article itself, said the paper, was clearly comment, and was properly by-lined.

The complainant said his legal advice was that the letter could have been published.

The Press Council accepts the Advocate's position, and affirms strongly the right of newspapers to comment, albeit as fairly as possible, on elections, issues, candidates and their chances of success. The legal position of the letter is obviously a matter of argument, but the paper had grounds for refusing publication.