Adjudication No. 465 (November 1990) [1990] APC 38

ADJUDICATION No, 465 (November 1990)

The Australian Press Council upheld a complaint by Cr Shane O'Sullivan about an article entitled "Odd Spot" in the McIvor Times of Wednesday, 8 August 1990. Cr O'Sullivan believed that the article was derogatory and offensive and that it ridiculed him.

Odd Spot was commenting on a Council meeting held that week which Cr O'Sullivan attended only hours after checking out of the Heathcote Hospital. The article commented in part "Cr O'Sullivan must have been enjoying the high life a bit much because he was admitted to the hospital four days before suffering from gout" Cr O'Sullivan claims this statement caused him distress and it was false.

In correspondence the paper later amended its claim to "he was being treated for gout pending the results of tests" Cr O'Sullivan later claimed his admission to hospital was not related to gout but was for tests in relation to a painful ankle. The Press Council has no way of determining Cr O'Sullivan's actual physical condition.

In its defence the McIvor Times claims the comments made were factual and gave the public an insight into the extraordinary lengths to which some councillors would go to have their particular candidate elected. In this case the Shire President. However, the paper offered no evidence that its allegations were true.

The Press Council found the reference to Cr O'Sullivan's alleged ailment and life style in "Odd Spot" were unnecessary for the article to enlighten the public as the paper claimed it was endeavouring to do.