Adjudication No. 742 (August 1994) [1994] APC 51

ADJUDICATION No. 742 (August 1994)

In upholding in part a complaint by Rodney Johnstone against The Sydney Morning Herald, the Press Council points out that its principles one and two require newspapers to present news honestly and fairly and to take reasonable steps to ensure the truth of their statements.

A court report headlined, "Man jailed for falsely accusing ex-deputy mayor", was published on 6 July 1994 and reported that Mr Johnstone had been jailed for one month on three counts of public mischief.

On the same day, the newspaper was informed by an associate of the complainant that this was not in fact the case. Mr Johnstone had appealed and was on bail. Fairness required that a correction should have been published when the newspaper was alerted to a change of circumstance.

The journalist, in a letter to the Council, wrote, "The guy was sent to jail by the magistrate and duly taken away by the Corrective Services people. I don't know any more than that". However, Mr Johnstone was released on appeal from the court cells shortly after the hearing, thus making the Herald's report inaccurate. This aspect of the complaint is upheld.

Mr Johnstone also complained that the Herald had wrongly reported him as the sole member of the Burwood Action Group. The Council is in no position to rule on this matter. He further complained that the article had been designed to ridicule and discredit him. The Press Council does not believe there was such a design and dismisses this aspect of the complaint.