Adjudication No. 1423 (adjudicated May 2009) [2009] APC 10

Adjudication No. 1423 (adjudicated May 2009)

The Press Council has dismissed a complaint from the South Australian Attorney-General Michael Atkinson over articles in The Advertiser, Adelaide, and its online publication Adelaide Now

Mr Atkinson complained about two articles on the same subject. The first appeared in the newspaper's online site Adelaide Now on February 12, 2009 under the heading Rann spin-doctors rush to highlight prosecutor's retraction. The second, under the heading Spin doctors pounce on prosecutor's apology, appeared the next day in The Advertiser.

The articles dealt with a retraction by a crown prosecutor of a submission he had made during a case in the South Australian District Court.

A week before, The Advertiser reported that the crown prosecutor had submitted, during the opening of the case, that the laws about hit-run driving were ambiguous because they "had been rushed through parliament".

Later in the case, the prosecutor told the judge that he unreservedly withdrew his submission critical of "those who had drafted the provisions".

The prosecutor's comments were distributed to the media gathered by the Attorney-General's press secretary and with a request to run them "if your networks broadcast/printed the comments ... in the case last week can you please ensure that today's events before the court are included in your news tonight ..."

The Attorney-General said the newspaper made much of his press secretary's email and a reader could have been left with the impression that her actions were unusual. Mr Atkinson said that part of the press secretary's job is to provide a "heads-up" to the media about court matters in South Australia and that this service is welcomed by all media.

A further complaint by the Attorney-General was that the use of the email amounted to a breach of the principle that says "news obtained by dishonest or unfair means or the publication of which would involve a breach of confidence" should not be published.

The Council does not agree that the principle was breached. Once the email was sent to the media, its contents were in the public domain.

On the substantive complaint, the Council concludes that the article accurately reported, albeit in a snide way, the fact of the prosecutor's retraction, which was the action sought by the Attorney-General's office.The Press Council also notes that the response to the complaint by The Advertiser was inadequate. It sent one letter to Council in reply to Mr Atkinson's complaint but did not, in any substantive manner, address the matters raised.