Adjudication No. 1433 (adjudicated July 2009) [2009] APC 20

Adjudication No. 1433 (adjudicated July 2009)

The Australian Press Council has dismissed a complaint made by Deborah Pergolotti, curator and founder of the Cairns Frog Hospital, against The Cairns Post, following the publication of a letter to the editor and an article in March and April 2009, respectively.

The March 20 letter, from Paul Whitehorn of Cairns Wildlife Safari Reserve, contained a remark, which Ms Pergolotti says implied that the Cairns Frog Hospital misled the public as to the availability of alternative organisations capable of caring for diseased and injured frogs. Mr Whitehorn's letter responds to an Environment Page notice authored by the newspaper and published on February 19 without the consent or knowledge of the Cairns Frog Hospital.

The letter goes on to list a number of alternative organisations capable of treating diseased and injured frogs. It is not the role of the Press Council to determine technical matters such as the suitability or expertise of the organisations proposed. The Council seeks only to determine whether The Cairns Post acted in a fair manner consistent with its principles. Ms Pergolotti submitted a letter in response but it was not published. She claims that an offer was made by the newspaper to print an upcoming article, in lieu of publishing her letter of reply, and to provide additional space at that time to respond to Mr Whitehorn's letter. The newspaper could not find the records of this exchange and, in any event, the article was not published.

On April 4, The Cairns Post published a further article, which, in addition to Ms Pergolotti's comments, quoted expert comment from Samantha Young despite Ms Pergolotti's recommendation for an alternative scientific contact. Ms Pergolotti complained that Ms Young did not agree with her findings and that this resulted in an appearance of incompetence. The Cairns Post said it was at liberty to seek a range of expert opinions in reporting on scientific matters and Ms Young's credentials as a veterinary surgeon completing a PhD in frog disease render her a legitimate source for comment in this field. The fact that Ms Young's comments were at variance with Ms Pergolotti's comments does not of itself breach any principle, rather, in this case, it had the effect of providing a balanced range of views.

Ms Pergolotti argues that, by publication of the Whitehorn letter and use of Ms Young's comments in the article, the newspaper has been unfair to her and the Frog Hospital and unbalanced in its coverage.

In reviewing the coverage, the Council believes that the newspaper has provided adequate balance to the complainant and the Frog Hospital, and therefore dismisses the complaint.