Adjudication No. 660 (August 1993) [1993] APC 52

ADJUDICATION No. 660 (August 1993)

The Press Council has considered complaints by Assoc Professor Jeff Northfield of Monash University against the Melbourne Herald-Sun over an article headed "VCE report challenged" published by the newspaper on 9 February 1993.

The article contained critical comments by Melbourne University Vice-Chancellor David Penington on a newly-released report on a 4-year study of the effects of the VCE on schools. The study was conducted by a team from the Faculty of Education at Monash University headed by Prof Northfield and the release of the report was accompanied by a press statement.

One of Prof Northfield's complaints was that the report appeared to have not been read by either the newspaper or Prof Penington before the article was published, as some of the criticism was factually wrong. The complainant, who was personally criticised in the article, maintains that the report should have been read before it was criticised and that it was the newspaper's responsibility to check the facts before publishing the article.

The Council cannot agree that there is always a duty on newspapers to read reports which are the subject of comment by public figures. There is, however, a duty on newspapers to ensure that persons criticised in such comment have an opportunity to respond - if possible simultaneously.

Prof Northfield also complained that his reply to the article in a letter was not published promptly.

The complainant contacted the newspaper on the day following publication and claims he was invited to send a clarifying response which would receive consideration; this was sent the same day but, despite several telephone calls to the newspaper, nothing eventuated until April, when the newspaper reiterated through the Press Council office its offer to consider for publication a suitable letter from Prof Northfield. Prof Northfield replied to the effect that as he had already sent one letter there was no point in sending another and, even if it was published, it was too late to achieve anything.

In its defence, the Herald-Sun states that the offending article did not represent the views of the newspaper nor did it pretend to be the sum total of the education debate at the time; it simply summarised the views of Prof Penington and others.

The Press Council is of the opinion that the newspaper could have made more effort to negotiate a publishable letter from Prof. Northfield and upholds the complaint on that score.