Adjudication No. 903 (January 1997) [1997] APC 4

ADJUDICATION No. 903 (January 1997)

The Australian Press Council has dismissed a complaint by the father of a young woman killed in a car accident over the publication of a photograph depicted wrongly as her grave.

The story, in the 22 June 1996 edition of That's Life magazine, told in his words how Paralympian discus thrower John Eden was inspired by the recent accidental death in a car crash of his girl friend, Mandy Hynes, to win gold medals at the 1996 German Nationals competition and the World Championships.

Accompanying the article was a photograph of John Eden alongside a grave.

Her father, David Hynes, complained that it was not Mandy's grave and that the magazine should have contacted him or members of the family before publishing the story.

On checking, the magazine acknowledged the error and offered to print an apology and do whatever the complainant reasonably requested. It is an approach constantly encouraged by the Press Council.

As for the argument that the magazine should have contacted the father or family before publication, the Press Council's principles point out that there is an obligation to take "all reasonable steps to ensure the truth" of published statements.

The editor said that since the material had come from John Eden himself and that the story had nothing but good to say about Mandy, it did not consider it necessary to contact her family. In this case, the Press Council agrees.

Regarding the photograph, it came from a daily newspaper which had already published it innocently and without complaint.