Adjudication No. 1390 (adjudicated May 2008) [2008] APC 11

Adjudication No. 1390 (adjudicated May 2008)

The Australian Press Council has dismissed a complaint by Ralph Horowitz that The Age treated him unfairly by not seeking his comment in what he described as a "biased" year-end analysis of the performances of Victorian radio station 3AW.

The article in the newspaper's Green Guide of 13 December 2007, noted that 3AW (owned by Fairfax Media, which also owns The Age) had "cruised out of yet another year in top spot" in the ratings. Mr Horowitz said that the bias arose from the mutual ownership of the two outlets.

3AW had achieved its success, the article said, despite "a mid-year footy ratings freefall - a problem fixed by four prominent sackings". Mr Horowitz, 3AW's executive football producer, was dismissed with three on-air colleagues in a mid-season revamp of the football program's format.

The article documented the partial recovery in football ratings after the revamp.

Mr Horowitz accused The Age of publishing a one-sided, unchallenged regurgitation of "PR spin" in favour of an associate company, and of not seeking his comment. The newspaper rejected the complaint, citing Mr Horowitz' earlier refusal to speak to the journalist after his sacking "citing legal reasons".

Given that the article principally dealt with 3AW's continuing rule as Melbourne's premier broadcaster and recovery in its football ratings after the mid-season revamp, the Council believes comment from the sacked workers was not essential.

The Age properly disclosed its association with 3AW in the article, and the Council can find no evidence that the charge of bias is sustainable. Nonetheless the Council reminds editors that they should always bear in mind the public perception that there might be bias in reports on the activities of corporate stablemates.