Adjudication No. 836 (January 1996) [1996] APC 9

ADJUDICATION No. 836 (January 1996)

The Press Council has dismissed a complaint by the Eden Chamber of Commerce against the Bega District News over an editorial published in the paper on 13 October 1995.

The editorial claimed that the Chamber of Commerce, in a press release, had misrepresented the outcome of proceedings in the Land and Environment Court. The Bega District News did not publish the press release though another regional newspaper did.

The complaint relates to a long-running dispute over the Twofold Beach Caravan Park. The dispute has involved the Bega Valley Shire Council, the Chamber of Commerce and local business interests.

It was the subject of a hearing in the Land and Environment Court last October, and in a press release, the president of the Chamber of Commerce, John Rankin, claimed that the Chief Justice, Justice Marla Pearlman, had made "a landmark decision" by ruling that the caravan park's licence approval did not expire until 1997, one of the points at issue in the local dispute.

The paper claimed in its editorial that this was a misrepresentation. In a supporting news story it said that, while Mr Rankin had asserted Judge Pearlman had ruled in favour of the caravan park, she had, in fact, adjourned the proceedings.

In reply, Mr Rankin said the Chamber of Commerce had been represented at the hearing but the newspaper had not, nor had it at that stage seen a transcript. He also said that the paper was relying on hearsay.

A copy of the transcript supplied to the Press Council shows both parties have some justification for their opposing stands. Justice Pearlman did state she had reached the conclusion that the caravan park's licence was valid until 1997. But she also adjourned the hearing to a later date so that the parties involved might, if they wished, take further steps.

The rights and wrongs of the dispute over the Twofold Beach Caravan Park do not come within the Press Council's orbit. What it had to decide was whether the Chamber of Commerce's strong protest over the editorial had been treated fairly.

On 20 October 1995, the Bega District News published a letter from Mr Rankin pointing out that the paper had made "misinformed" comment about the Chamber's press release even though it was not prepared to print it. Mr Rankin's letter also insisted that though the case had been adjourned the judge had made a firm decision about the caravan park licence, and therefore the Chamber's press release had not misrepresented the outcome as the paper claimed.

As well as the letter, the paper published an apology to the Chamber of Commerce "for any embarrassment caused by our comments on this confusing matter", and agreeing it had not seen the transcript.

The Chamber of Commerce indicated to the Press Council that it was not satisfied with this as it was not sufficiently prominent, and not a proper retraction.

However, the Council accepts that the paper made a reasonable attempt to redress the balance by publishing the letter and apology.