Adjudication No. 799 (June 1995) [1995] APC 29

ADJUDICATION No. 799 (June 1995)

The Australian Press Council believes that a newspaper is entitled to publish the results of a responsibly conducted investigation on a matter of public interest. The Council has made clear what it sees as a newspaper's responsibilities in such matters in dismissing the main aspect of a complaint brought by Geoffrey Reading against The Sun-Herald. Another part of the complaint relating to an alleged factual inaccuracy is upheld.

On 11 September 1994, The Sun-Herald published an article entitled, "Strong, relentless crusader". The article was a report of the State Funeral of murdered MP John Newman. It began: "Funerals of public figures differ. Bob Askin's in 1981 had wonderful moments: a cleric suggesting that if Bob had been a Catholic he would shortly be declared a saint, and George Freeman decently slipping in at a side door to pay his last respects to a fellow scoundrel."

Mr Reading, who was Sir Robert's press secretary, complains that the use of the term "scoundrel", in the absence of justifiable evidence of wrongdoing on Askin's part, was unfair and irresponsible. He also complained that the "wonderful moments" at the Premier's funeral did not take place.

It is not the role of the Press Council to determine whether Sir Robert Askin was a "scoundrel". Judgments have been made, and will be made, regarding Sir Robert, given his prominent role in Australian society. Newspapers are not precluded from that evaluative process. The nub of the matter is how a newspaper should act if it seeks to investigate a matter of public interest and publish its findings.

The Council cannot accede to the proposition that the findings of a newspaper investigation must be established beyond a reasonable doubt as required in a criminal trial. A role of a newspaper is to inform the people, at the earliest time possible, on matters about which they are entitled to know. Obviously, the importance of the public being aware of its findings has to be weighed against any damage to individual reputation.

For a newspaper to carry out this role responsibly, the Council requires the investigative process to be conducted meticulously and that all reasonable steps have been taken to ensure the truth of its findings. The newspaper acts irresponsibly if it publishes its findings knowing the finding to be false, or acts with a reckless disregard for the truth, that is not caring whether the findings are true or false.

The Council finds that The Sun-Herald had before it more than mere rumours; it had a considerable amount of direct, hearsay and circumstantial evidence. It is in "the market place of ideas" that the findings will be debated and the integrity of the investigative process evaluated. The Council finds The Sun-Herald had not acted irresponsibly in this regard.

On the second aspect of the complaint, the Council cannot accept the newspaper's explanation that the remark, that a cleric had suggested canonisation, was an obvious joke. The impression given is that of an assertion of a fact. The Council upholds the complaint on this point.

However, given conflicting evidence on the matter, the Council is unable to conclude that The Sun-Herald was irresponsible in asserting that George Freeman was present at the Askin funeral.