Adjudication No. 1369 (adjudicated September 2007) [2007] APC 26

Adjudication No. 1369 (adjudicated September 2007)

In dismissing complaints over the use of pictures of Aboriginal children in reports on the Prime Minister's plan to address matters of child abuse in Northern territory communities, the Australian Press Council reaffirms that newspapers and magazines have a duty to inform the public of important issues and have the right to illustrate these issues with photographs. However, they need to take special care when those images deal with children in circumstances where a false inference can be drawn.

The complaints, by Frances Killaly against The Canberra Times and The Sydney Morning Herald, arose from the publication of pictures in both newspapers on the front page of their 22 June editions. The Sydney Morning Herald also carried pictures of Indigenous children on other pages.

Ms Killaly said that the children were clearly identifiable, that the use of their pictures implied that they had been abused and the newspapers had breached the Press Council's principles concerning privacy.

The Canberra Times said that, like other Australian newspapers, they had published "generic" pictures of Aboriginal children along with the report of the federal intervention. The picture in question showed a house typical of those in many disadvantaged Aboriginal communities, thereby illustrating the broader problems in question. The photograph was taken with the consent of the girl's family.

The Sydney Morning Herald said permission had also been given for the pictures it published. These related to scenes at two Northern Territory communities who had invited the newspaper to visit. The communities were both aware the photographs would be used to illustrate articles relating to the endemic problems in Northern Territory Aboriginal communities.

While acknowledging Ms Killaly's genuine concerns the Council does not believe the publication of the pictures indicated the children had been abused.