Adjudication No. 1347 (adjudicated February 2007) [2007] APC 4

Adjudication No. 1347 (adjudicated February 2007)

The Australian Press Council has dismissed a complaint brought by the Tiwi Islands Local Government (TILG) against The Australian over an article (Days of promise in Tiwi plan) published in its 19 August 2006 edition.

The article sought to present, in the newspaper's words, "in a completely non-judgmental fashion, a portrait of the group politics of the Islands, and the significance of that area of Tiwi life for the large economic development now under way".

The complainant took strong objections to a number of "offensive" statements in the article because of their "divisive and discriminatory tone" and also because the article "misrepresents the Tiwi Islands Local Government and the aspirations of the Tiwi people as a whole".

Among the many statements listed by the complainant were references to the tensions between the TILG and the Tiwi Land Council (TLC). The complainant disputed the veracity of the statement that the TILG and the TLC "have long been at loggerheads". The article discussed "an ethnic flavoured division" running through Tiwi society and described the social map as including "full blood Tiwi families", "mixed race and part Aboriginal people born on the islands", "incoming part Aborigine people" and "part Tiwis". Other statements in the article referred to the TLC as the basic instrument of "the old establishment Tiwi families" and the TILG as "the kingdom of the part Tiwi". The explanation of the distinctions, an essential aspect of the article, unintentionally raised sensitivities among Tiwi Island readers.

The complainant said that the Tiwis "see themselves as one people", and that the reference to "conflicting visions" created a wrong impression of division among the Tiwis. The complainant also objected to the use of the word "unruly" to describe the main Tiwi town of Nguiu. It was also said that the notion of "part Tiwi" was contrary to the legal definition of Aboriginality as propounded by the Federal Court of Australia.

The newspaper stated that the article was the product of a year of researching and many interviews and discussions. It also pointed out that one of the signatories on the complaint was also 'a principal source' for the article.

The Press Council believes that the newspaper, indeed all newspapers in Australia, is entitled to analyse any aspect of Australian society, provided it is done in a reasonable and fair manner. The existence of a legal definition of Aboriginality does not preclude a newspaper from engaging in an analysis of the 'group politics of the Islands'. A newspaper is also not precluded from touching on an issue even though it is regarded as sensitive. The newspaper published on 21 August 2006 a letter from a reader and a letter written by the President of TILG and the Chairman of TLC in its 8 September 2006 edition. Both letters addressed concerns with the article.

In the Press Council's view, the article does not breach the principles.