Adjudication No. 1168 (June 2002) [2002] APC 23

Adjudication No. 1168 (June 2002)

The Press Council has dismissed a complaint by Spencer Ratcliff arising from a Sydney Morning Herald review of his tourist facility. The review was published in the paper's 'Weekends Away' column.

The central thrust of Mr Ratcliff's complaint is that publications should only be permitted to review a tourist facility if the review is not carried out anonymously, and the owner agrees to have the facility reviewed.

The Press Council does not agree.

Principle 4 says that "news obtained by dishonest or unfair means, or the publication of which would involve a breach of confidence, should not be published unless there is an overriding public interest". The Council does not believe that it is dishonest or unfair for a review of a restaurant or accommodation house to be carried out without the proprietor knowing. Many reputable restaurant and accommodation guides are compiled on this basis. The Council accepts the proposition that any service business which offers itself to the public should be open to such scrutiny.

Mr Ratcliff demanded that the paper allow him to see the review in advance, give him an opportunity to reply in the edition in which it was to be published, and notify readers both of his objections to the review process and of his refunding the accommodation costs.

The Herald rejected these demands, but did publish a letter from Mr Ratcliff two weeks later in which a number of his concerns and criticisms were aired.

The Council finds there has been no breach of its principles.