Adjudication No. 670 (September 1993) [1993] APC 62

AJUDICATION No.670 (September 1993)

The Press Council has dismissed the main thrust of a complaint from Ms Barbara Smith who was the endorsed Liberal Party candidate for the seat of Scullin in the 1993 federal election. Her complaint which is broadranging in nature is directed against the Diamond Valley News in respect of its news reporting leading up to the election. She claims that the newspaper "has reported information, particularly in Letters to the Editor, which has been misleading, biased, and perpetuated in later reports, or which, by exclusion, has failed to provide a balanced picture to its readers".

It is claimed by the complainant that the allegation of unbalanced reporting was occasioned by (i) a failure to publish a number of letters written by her and members of the public which were critical of her ALP opponent; (ii) a failure to report her press releases on her launch as a candidate for Scullin and her campaign launch; and (iii) the manner of her reporting resignation as a councillor for North Riding in the Diamond Valley Shire.

The Council finds it unnecessary to deal with much of the specifics raised by the complainant and that, in relation to points (i) and (ii), the complainant's claim of unbalanced reporting is not made out. In fact, the complainant acknowledged that the newspaper had published two letters by her responding to critical letters written by her ALP opponent. The Council accepts the view of the Diamond Valley News that the newspaper "is not a conduit for slanging matches between politicians".

In relation to point (iii), the complainant points out that, on 1 March 1993, the newspaper had, in referring to her resignation from the Diamond Valley Council, reported her as saying "there have been several factors which have led to my decision ... One is the distortion of my position as a Councillor and Federal Liberal Candidate". She claims that the omission by the newspaper of the end of her sentence "in the Diamond Valley News" had changed the entire perception for readers of her statement. The newspaper says that the deletion occurred during "normal subbing procedure and did not alter the context of the paragraph as claimed". The Council does not agree that the omission of those words would inevitably lead to the implication that the statement was a view held by the complainant. At the most there was a possible element of ambiguity.

The complainant also says that she should have been given the opportunity to respond to a letter to the editor critical of her prior to its publication "given the fact that it was not possible otherwise for me to reply until after the election". The writer of the critical letter, Mr Steve Hayes, had said he would like a commitment from the complainant that she would "not turn her 'common sense' gesture [in resigning from Diamond Valley Council] into a blatant political and costly one (for DV residents) by re-nominating for council if her election bid fails on March 13". The complainant wrote a letter to the editor after the election. In that letter she sought to respond to the critical letter as well as to thank those who had supported her during the election. The Council, after perusing the contents of that letter, does not believe that the newspaper had exercised its discretion unreasonably in not publishing it. As to the critical letter of Mr Steve Hayes which she claims was damaging to her, the complainant asserts that "verification of the validity of the statement prior to publication should be mandatory, even more so in special circumstances, such as an election week". The newspaper asserts that it is not possible to accede to such a proposition given deadlines and production pressures. Even though it is a weekly newspaper, it is produced over four production days and therefore it is not possible to verify every claim or statement submitted in letters to the editor.

However , the newspaper discloses that it has an in-house policy of not publishing letters critical of candidates standing for elections in the week leading up to an election. It openly admits that the publication of Mr Steve Hayes' letter contradicts this policy and is apologetic for the "slip-up". The Council is of the view that the feelings of the complainant could have been assuaged had this admission and apology been made in the letters to the editor column upon receipt of the letter by the complainant.