Adjudication No. 832 (January 1996) [1996] APC 5

ADJUDICATION No. 832 (January 1996)

The Press Council has upheld a complaint by Margaret Ferrie against The Sydney Morning Herald, about an explanatory panel incorporated in an article on the Easton Royal Commission in WA.

The panel, consisting of three paragraphs under the heading "'THE EASTON AFFAIR", purported to explain to Herald readers the context and substance of a petition submitted by Brian Easton to the WA Legislative Council, concerning his former wife. The panel was published in two separate editions of the paper. Part of one paragraph in the panel stated:

"[The petition] asked that [Mrs] Easton and her sister lose their jobs as government lawyers because of their [alleged] perjury..."

Ms Ferrie complained that this summary of the petition was "clearly a fabrication, dishonest and false". She referred to the actual text of the petition which requested the Legislative Council to "inquire into the circumstances" relating to alleged perjury, and to "recommend or require [as the case may be] such declarations or other relief as it thinks fit" - actions which did not necessarily involve the sacking of Mrs Easton.

The Herald rejected the accusation of dishonesty or deceit in the preparation of the explanatory panel, but admitted that the piece had "attempted the impossible and had ... failed". Once it had become aware of this failure, it had ceased publication of the panel in articles related to the Royal Commission.

The Press Council acknowledges the Herald's prompt action in stopping the use of the erroneous material. However, in view of the sensitivity of the issue, and the considerable public interest in the Commission's proceedings, it believes this action was insufficient. A clear and suitably prominent correction would have been a more appropriate step than mere cessation of the publication of the panel.

The Council can find no evidence whatsoever to support Ms Ferrie's contention that the panel was a deliberate attempt by the Herald to mislead.