Adjudication No. 688 (November 1993) [1993] APC 80

ADJUDICATION No. 688 (November 1993)

The Australian Press Council has dismissed a complaint by a Western Australian lawyer that a woman fined in a minor court case was described in a newspaper report as "the sister of a prominent Geraldton lawyer".

The complaint to the Council by lawyer George Giudice was mainly of unfairness and disrespect for privacy. He also objected to being described as "a prominent lawyer" by the Geraldton Guardian.

The court case related to the dealings of a family company (owned by their father), breaching provisions of the Residential Tenancy Act by overcharging former tenants by $100 over a rent bond. The defendant's lawyer in the court case was her brother. The family is well known in the country town of Geraldton.

The Press Council has consistently stated the principle that news values are matters for the judgment of editors and that the Council will question those judgments only when they are malicious, capricious or otherwise unfair.

No such issues apply in this case. The story of the court case was given little prominence. Relations between Mr Giudice and the Geraldton Guardian have been cordial in the past. The lawyer made no complaint to the paper, sought no right of reply or other remedy apart from his complaint to the Press Council.

A newspaper carries out a proper role in reporting matters it considers of interest to its readers. It was entitled to regard the appearance of Mr Giudice and his sister in court together as lawyer and client as newsworthy. Further, it could not reasonably have reported the case at all without linking what was already linked.

As to whether the lawyer is "prominent" - that is apparently a matter of opinion.