Adjudication No. 1334 (adjudicated October 2006) [2006] APC 28

Adjudication No. 1334 (adjudicated October 2006)

The Australian Press Council has dismissed complaints against The Examiner, Launceston, concerning material in its 27 February edition. Marian Fitzgerald and Penny Tyson have complained about a series of articles and pictures published on pages one to five of the newspaper.

The articles reported on the reaction of residents of Smithton, a North West Coast community, to a horrific road crash on 25 February at Round Hill near Burnie that claimed the lives of three teenage girls who were members of a Circular Head basketball team, the mother of one and the team coach.

The front page carried pictures of four of the victims, including Claire Tapson.

The next four pages carried a series of articles reflecting the grief of the community, including messages of sympathy and support from the Circular Head Mayor and many others, as well as statements by the relatives and friends of some of the victims.

The photos showed the accident scene, a group shot including the basketball coach and a premiership winning team in 2004 and photos from a church gathering at Smithton.

The complainants said that the use of insensitive photographs accompanying the articles breached the privacy and sensibilities of the victims' families and friends. They also said that the Tapson family received a number of phone calls from the media on the day of the accident and the day after requesting photos of Claire. They refused and their expectation was that no photo would appear until they were ready to supply one which they did once the victims' names were officially released.

When Claire's photo was published without their permission or knowledge the Tapsons believed that Claire was being exploited for the gain of media organisations.

In its response the newspaper said it sympathised with the view that media interest in such situations can intrude on the grieving process for both the families and members of a small community. It added that the fact that this small community had lost five members in an accident became an intrinsic part of the whole story. Such events happen on a scale that makes them national events and they attract matching media attention.

The Council agrees that the newspaper's coverage was not insensitive and was a matter of public record and, although of tragic proportions to a close knit community, a matter of significant interest to the newspaper's readers.

The complaints regarding the specific and general use of photographs are dismissed.

The Press Council, while noting the anguish expressed by communities in dealing with tragedy and the ensuing media interest, also has concerns for the media's obligation to report promptly on matters of public record, including tragedies such as this one.