Adjudication No. 749 (September 1994) [1994] APC 58

ADJUDICATION No. 749 (September 1994)

The Australian Press Council has dismissed complaints by the NSW Police Service against the Illawarra Mercury over the newspaper's treatment in 19 separate articles of the violent death of four members of one family.

Many of the articles were on page one, some were accompanied by detailed photographs of the dead family, twin girls aged three months, a six year old daughter and their mother, and most speculated on whose hand cut their throats.

In its complaint, the Police alleged the Illawarra Mercury had breached five of the Press Council's principles. In adjudicating, the Press Council examined them one by one:

(1) That the paper had not presented news and comment "honestly and fairly" and had not respected the privacy and sensibilities of individuals.

In covering a mass killing of great public interest in the local community, the paper unearthed many details from its own sources, and there was no evidence that it was wrong or unfair in any detail. That the police, for their own doubtless legitimate reasons, refused officially to give out any but the barest details about the slayings, is no reason for them to find fault with a newspaper determined to unearth the facts any way. There is also no evidence that the privacy of individuals was unreasonably invaded. Relatives willingly gave interviews and the family invited the paper into the church to take photographs at the funeral service.

(2) That the newspaper had not taken "all reasonable steps" to ensure the truth of its statements.

On the contrary, the paper in this case appears to have gone to exceptional lengths to get the facts right.

(3) That it did not identify rumour and unconfirmed reports as such.

Not only was speculation clearly identified as such, but bylined opinion articles about the case were clearly identified as such.

(4) That, while newspapers are entitled to advocate their views strongly on controversial issues, this one could have treated its readers unfairly by distortion, misrepresentation or suppression of relevant facts.

Again, there was no evidence that the Illawarra Mercury transgressed in this area.

(5) That the paper lapsed into breaches of taste so repugnant as to bring freedom of the press into disrepute or be extremely offensive to the public.

The Police complained under this heading generally about the articles and most specifically about the multi-page coverage of the funeral, including two pages of pictures and a page one colour photograph of the bereaved father bending over the body of one of his daughters.

Acknowledging that senior executives had agonised over the decision to run the story the way it did, the newspaper said that an important point in its decision was that the family had invited the paper to take photographs inside the church at the funeral.

Taste is a concept about which it is difficult to lay down strict guidelines. Some readers were offended by the page one photograph and complained to the newspaper, but no complaints came from the family or relatives. Given the circumstances of a traumatic local story, obvious public interest in it, the continuing hunt for the killer and the attitude of the family, the Press Council does not accept that its principle regarding taste was breached.