Adjudication No. 544 (February 1992) [1992] APC 14

Adjudication No. 544 (February 1992)

The Australian Press Council has upheld in part of a complaint by the Secretary of the Victorian Trades Hall Council (VTHC), Mr John Halfpenny, against the Herald-Sun, Melbourne.

Mr Halfpenny complained that a report stating it was understood he had written to the chairman of the Australian Football League commission (AFL), Mr Ross Oakley, threatening possible industrial action if the AFL failed to televise last year's Grand Final live in Melbourne was incorrect, and that the newspaper's subsequent publication of a denial by him was an inadequate remedy.

He also challenged the newspaper's statement that it had acquired its information about his letter from "Trades Hall sources". The newspaper rejects any suggestion that its report was fabricated, stating that the source came from the trade union movement.

The Herald-Sun report quoted an attack on the VTHC by the Federal Industrial Relations Minister, Senator Cook. It stated that it was understood that Mr Halfpenny had put a threat by unions to "pull the plug" on interstate television coverage in a letter to Mr Oakley. It said that Mr Halfpenny could not be contacted before publication but quoted Trades Hall sources as saying his letter warned the AFL of possible industrial action.

The report quoted the THC assistant secretary, Mr Max Burr, as saying on the previous day that unions would consider asking members of the Theatrical and Amusement Employees Association to block the telecast if necessary.

On the day of publication Mr Halfpenny faxed a letter to the editor of the Herald-Sun denying that the VTHC had threatened interstate television coverage of the match and pointing out that in at least four interviews with Western Australian radio stations on the previous day he had made it clear that "there was no way in the world that anyone would deny them (Western Australians) the opportunity of seeing the Eagles defeated, by Hawthorn in the Grand Final". He said his remarks had also been broadcast on the ABC's "PM" program.

Mr Halfpenny's letter to the paper included the text of the letter he had sent to Mr Oakley. The letter to Mr Oakley expressed concern over suggestions that the Grand Final would not be telecast to the people of Melbourne and requested an immediate public statement by Mr Oakley to the effect that the match would be telecast throughout Australia. However, it contained no threat of industrial action if the request was not met.

The newspaper did not print Mr Halfpenny's letter, but did extract the paragraph from it in which Mr Halfpenny stated there was "no way in the world" that Western Australians would be denied the opportunity to see the match. This was included in the body of a page 3 report next day.

The Press Council notes that the newspaper acted promptly in reporting Mr Halfpenny's denial that Western Australian might be deprived of a live telecast. It considers that the newspaper was justified in publishing an extract rather than the whole letter. It accepts the newspaper's statement that it was unaware of Mr Halfpenny's comments on radio.

However, the Council feels that the newspapers should have acknowledged in its follow-up report that Mr Halfpenny's letter to Mr Oakley did not, in fact, contain a threat and to this extent the complaint is upheld.

The Council is not in a position to make any finding as to whether or not the newspaper was justified in attributing its information to "Trades Hall sources"; it notes that the newspaper reports repeated difficulty in contacting Mr Halfpenny.