Adjudication No. 1411 (adjudicated October 2008) [2008] APC 32

Adjudication No. 1411 (adjudicated October 2008)

The Australian Press Council has dismissed a complaint by Dr Cynthia Weinstein about a bylined opinion piece that appeared in The Herald Sun on April 24, 2008.

The article addressed the practices of Dr Weinstein, a dermatologist and cosmetic laser specialist then appearing before the Medical Practitioners Board on allegations of misconduct. It referred to the journalist's experiences with Dr Weinstein and her patient in the course of filming a TV show on the subject some years earlier.

Dr Weinstein complained that the article was "inflammatory, factually incorrect and unnecessarily derogatory" in its description of her appearance, professional reputation and treatment history.

The paper responded that the article, clearly identified as an opinion piece, was accurate and in the public interest, and that comment on Dr Weinstein's appearance was justified, given her livelihood.

A careful reading of the article and the complaint revealed that some of Dr Weinstein's grounds for complaint were themselves based on an inaccurate reading of the text of the article. As for assertions in the article about treatment history, the Council was unable to determine which version of events was correct.

The Council allows greater licence to opinion pieces than to news reports. It found that the significant public interest of the question of medical practice, expressed in an article clearly identified as opinion, meant that the article overall did not breach the Council's principles.