PUBLIC REPORT ON AUDIENCE COMMENTS AND COMPLAINTS JANUARY - MARCH 2004

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PUBLIC REPORT ON AUDIENCE COMMENTS AND COMPLAINTS

JANUARY - MARCH 2004

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1. ABC Complaint Handling Procedures

The ABC is responsible for the quality and standards of all programs on its services.

With so many program services being provided each day, from time to time errors may occur.

The ABC aims to ensure that they happen as rarely as possible. However, should they occur, the ABC accepts responsibility and will respond promptly and appropriately.

The ABC aims to respond to complaints as quickly as possible and no later than 28 days after receipt of a complaint.

The roles of ABC Audience & Consumer Affairs and the ABC’s Complaints Review Executive are described below.

ABC Audience & Consumer Affairs

ABC Audience & Consumer Affairs deals with written complaints about ABC programs.

Depending on the nature of the complaint, it will either be investigated by Audience &

Consumer Affairs or referred to the relevant division for direct response. All written

complaints alleging a breach of the ABC’s Editorial Policies will be investigated by Audience &

Consumer Affairs.

Audience & Consumer Affairs is independent of program making divisions within the ABC.

Complaints can be sent to Audience & Consumer Affairs at GPO Box 9994 in your capital city, or submitted via ABC Online at www.abc.net.au/contact.

Complaints Review Executive

The ABC established the role of Complaints Review Executive (CRE) to provide an additional level of internal review for complainants who express dissatisfaction with ABC Audience &

Consumer Affairs’ response to their complaint.

The CRE has broad scope to independently review the broadcast and the manner in which the complaint was originally dealt with, and determine whether the ABC acted appropriately.

The CRE is independent of both ABC Audience & Consumer Affairs and all program makers.

This additional tier of internal review does not preclude complainants from seeking external review via the Australian Broadcasting Authority, or the ABC’s Independent Complaints Review Panel, depending on the nature of the complaint. Both these forms of review are external and entirely independent of the ABC.

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2. Overview

This report provides information about audience complaints finalised by ABC Audience &

Consumer Affairs and the ABC’s Complaints Review Executive between 1 January and 31 March 2004.

For completeness, details of complaints which have been independently reviewed by the Independent Complaints Review Panel (ICRP) or Australian Broadcasting Authority (ABA) are also provided at the end of this report.

Specifically, the report outlines

• the overall composition of audience contacts

• timeliness of ABC responses

• the subject matter of complaints received

• the number of complaints upheld by the ABC

The report also provides summary details of all complaints upheld by Audience & Consumer Affairs and all investigations finalised by the Complaints Review Executive during this period.

Overall, there were 6,460 written contacts finalised during this period. Of these, complaints made up the majority of contacts with 3,477 (or 54%) complaints. Of these complaints, 89 were upheld either fully or partially. This represents 2.6% of all written complaints, or 1.4% of all written contacts to ABC Audience & Consumer Affairs, which were finalised during this period.

Overall composition of audience contacts

Between 1 January and 31 March 2004, ABC Audience & Consumer Affairs dealt with 6,460 written contacts from audience members.

Table 1: Written contacts finalised.

Type of contact Email Letter Total % of Total

Complaint 2823 654 3477 54%

Appreciation / Request /

Suggestion 2032 549 2581 40%

Other contacts 306 96 402 6%

Grand Total 5161 1299 6460 100%

Timeliness of responses

Table 2: Timeliness of responses provided.

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Type of contact Average response time % of responses provided within 28 days

Complaint 14 days 87%

All written contacts 21 days 79%

Subject matter of complaints finalised

From 1 January to 31 March 2004, Audience & Consumer Affairs dealt with 3,476 complaints.

Topics of complaint were as follows:

Table 3: Topics of complaints finalised

Subject Number Percentage

Matters of fairness, accuracy and independence

Factual inaccuracy 504 14.5%

Other bias 155 4.5%

Party political bias 100 2.9%

News values / News content 58 1.7%

Lack of balance 49 1.4%

Discrimination 21 0.6%

Racism 9 0.3%

Harm to individuals / organisations featured in programs 8 0.2%

Incidental advertising 8 0.2%

Unfair treatment 6 0.2%

Sexism 5 0.1%

Invasion of privacy 2 0.1%

Matters of taste and standards

Scheduling / program changes 1686 48.5%

Standards of interviewing / presentation 171 4.9%

Quality - general 142 4.1%

Bad language 56 1.6%

Program classifications 44 1.3%

Poor taste 28 0.8%

Bad example 27 0.8%

Language - pronunciation / grammar 18 0.5%

Sex and sexuality 14 0.4%

Offence to religious feeling 14 0.4%

Language - other 13 0.4%

Sensitivity and portrayal 11 0.3%

Violence 10 0.3%

Intrusiveness 3 0.1%

Other

Management issues 164 4.7%

Customer service / complaints handling 53 1.5%

Promotions - ABC programs and products 35 1.0%

Other 32 0.9%

Sport 9 0.3%

Transmission 9 0.3%

Internet - technical difficulties 7 0.2%

Weather 4 0.1%

Captions 2 0.1%

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Grand Total 3477 100.0%

Number of complaints upheld

During the period 1 January to 31 March 2004, 89 complaints were upheld either fully or partially including one complaint examined by the CRE (see section 4). This constitutes 2.6%

of total complaints finalised or 1.4% of total contacts finalised.

3. Summary of complaints upheld by the ABC

The following summary provides details of all complaints finalised by the ABC’s Audience &

Consumer Affairs unit between 1 January and 31 March 2004 where the complaint was either fully or partially upheld. In all cases, the complainant received a written response outlining the ABC’s findings.

(i) Matters of fairness, accuracy and independence

There were 48 upheld complaints regarding factual inaccuracies.

22 - inaccuracy in online news stories comprising:

• 3 - references to the Persian Gulf as the Arabian Gulf;

• 3 - an inaccurate reference in a report filed by a news agency about the MyDoom virus, which stated that The SCO Group was the owner of the Unix language;

• 2 - an incorrect reference to 5 million Australians awaiting donor organs in a story on David Hookes, which overstated the true number;

• 1 - incorrect information about listed price of gold;

• 1 - inference that Australia’s population was decreasing, which should have said that the rate of population increase was declining;

• 1 - inaccurate headline which referred to US Marines instead of US Navy personnel,

• 1- inaccurate statement that US President Bush was “keen” to see The Passion of the Christ, which overstated the position;

• 1 - inaccurate paraphrasing of a disclaimer issued by a US Army War College which incorrectly stated that a report published by the College did not reflect the views of the College when in fact the disclaimer only stated that the views expressed were those of the author, and did not represent the views of the Department of the Army, the Department of Defense or the US Government;

• 1 - erroneous reference to the location of Tasmania’s Cradle Mountain - Lake St Clair National Park as being on the west coast of Tasmania;

• 1 – incorrect report that the new CEO of the National Australia Bank would be relocating to Sydney, rather than Melbourne;

• 1 - reference to Vermont Governor Howard Dean as “Senator” Dean;

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• 1 - typographical error in reporting of exchange rates;

• 1 - inaccurate transcription of Simon Crean’s comments about the Labor Party leadership;

• 1 - misleading headline accompanying a story about the search for weapons in Iraq which wrongly implied that Tony Blair had claimed weapons had been found;

• 1 - inaccurate reference to soldiers instead of service personnel;

• 1 - mistaken identification of the Reverend Alex Gator as the first female Aboriginal Priest to be ordained in the Australian Anglican Communion; and

• 1 - incorrect statement that Morecambe Bay in Lancashire was on the East Coast of England, when it is on the West Coast.

11 - inaccuracy in television news and current affairs comprising:

• 4 – two errors in the Four Corners program, “Lords of the Forests”, specifically:

an incorrect reference to Van Dieman’s discovery of Tasmania (which had in fact been discovered by Abel Tasman) and the use of an oversimplified map to illustrate the amount of land protected from logging as a result of the 1997 Regional Forestry Agreement, which was misleading to viewers;

• 2 – an incorrect inference in a TV News story that hundreds of Sydney residents became ill as a result of Cryptosporidium during the Sydney water scare, when in fact it has been demonstrated that there was no increase in gastrointestinal illness associated with this incident;

• 2 - a reference to “relative calm” in a TV News story about the Middle East and Occupied Territories should have made clear that the report related to Israel, and specifically to suicide bombers;

• 1 - incorrect name given for a species of bird featured in the weather photograph;

• 1 - use of image of a varicose vein in a report about deep vein thrombosis in a TV News story; and

• 1 - incorrect statement in the 7pm TV News that Malcolm Turnbull was “on his way to Federal Parliament” after winning pre-selection for the seat of

Wentworth. The complainant pointed out that Mr Turnbull had not yet faced a Federal Election in the seat of Wentworth, and may not ultimately win the seat.

9 - inaccuracy in radio news and current affairs comprising:

• 3 - an incorrect report on AM that a student at Stockholm University may have cracked part of one of the greatest unsolved problems in mathematics, known as Hilbert’s problem 16;

• 1- a radio news report referred to Cyrus Sarang as an Iranian community leader, when he should have been identified as an advocate;

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• 1 - incorrect reference in a radio news bulletin to Prince Charles as the

Commander in Chief of the Parachute Regiment, when he is in fact the Colonel in Chief;

• 1 - inaccuracy in report of incidence of prostate cancer amongst Australian men in a story on PM;

• 1 – a story on PM referred to “undercover Israeli soldiers”, when the soldiers were not in fact “undercover”;

• 1 - inaccurate reference on AM to Koreans celebrating “Chinese New Year”, when the celebration is in fact referred to as the “Lunar New Year”; and

• 1 – incorrect reference in a report on AM that the Governor of the Reserve Bank had used his personal credit card instead of his corporate credit card and that he may have gained personal benefit from frequent flyer points.

6 - inaccuracies in other television, radio and online content comprising:

• 1 - inaccurate statement in the documentary program, Baby It’s You, that an opposable finger and thumb and a pincer movement were unique to humans, when this was well documented in some apes;

• 1 - inaccuracy in stylised representation of a tropical cyclone in the

documentary program, Wild Australasia. While this graphic was not intended to be a literal representation, we acknowledged that the cyclone was spinning in the wrong direction for the Southern Hemisphere;

• 1 - incorrect titling of a question category on the multiple-choice board in The Einstein Factor as “Battleships” rather than “Warships”. While the displayed title was incorrect, all of the questions were accurate, as was the graphic of the actual question on screen;

• 1 - inaccuracy on 891 ABC Adelaide, when a press conference announcing the capture of Saddam Hussein was incorrectly introduced as “live”, when it was in fact delayed in South Australia, Northern Territory and Western Australia;

• 1 – inaccurate attribution of a statement in an online accompaniment to ABC Radio’s Country Hour; and

• 1 - inaccuracy in a Science Online story relating to passports containing microchip images of the passport owner and specifically how these images were derived.

An additional 6 complaints were upheld associated with issues of bias, balance and racism:

1 - lack of balance in an online news story about increasing Jewish settler numbers in the West Bank and Gaza Strip settlements. The story stated that the international community largely regarded the settlements as illegal, but did not add that Israel disputed this view;

1 - failure to include the US military’s denial of reported witness accounts in a story about Iraqis slitting the throats of two US soldiers;

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1 - personal bias expressed by a presenter in an interview on ABC Western Plains regarding asylum seekers and failure to observe complaint handling procedures;

1 - excessive detail in radio news reports of the evidence given in open court relating to the trial of a man charged with assaulting a woman;

1 - racist statements made by a talkback caller on Local Radio, which were not cut off by the presenter; and

1 - unnecessarily aggressive treatment of a talkback caller on ABC Illawarra local radio.

(ii) Matters of taste and standards

19 – an operational error resulted in a pre-recorded voice announcement being played at an incorrect and totally inappropriate spot approximately two minutes prior to the end of an episode of Silent Witness.

5 - failure to provide warning of graphic images in television news reports comprising:

• 2 - images of victims of a chemical gas attack in Halbja;

• 2 - footage of asylum seekers with their mouths sewn together; and

• 1 - images of US policemen beating a man to death.

3 - inappropriate and insensitive language in television current affairs, using the term

“schizophrenic” to describe a split economic situation.

2 - inappropriate broadcast of footage of an attack on a service station attendant, which resulted in his death, in the 6pm TV News Update.

1 - inappropriate content in video clip “Stacey’s Mom”, broadcast on rage in “G” viewing time.

1 - failure to provide consumer advice for “violence” prior to the final episode of State of Mind.

1 - poor taste in a promotion for Local Radio’s Summer All Over program, which included a word play on the term “horticulture”.

1 - use of coarse language by a guest on Triple J’s Today Today program, which was inappropriate for broadcast at that time, regardless of the fact that a language warning had been issued.

1 - poor presentation of the finance report on 774 ABC Melbourne, which was cut short by the news.

4. Summary of investigations completed by the Complaints Review Executive

During the period 1 January to 31 March 2004, the CRE finalised reviews into twelve matters.

In one case the complaint was partially upheld.

1. ABC Illawarra Local Radio– bias in discussions of subsidies for LPG

The complaint alleged bias in comments made by a presenter on 97.3 ABC Illawarra, about the spending priorities of the Government and the dropping of subsidies for LPG as a fuel for vehicles. The complainant also objected to a road safety campaign

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being conducted by the station.

In assessing the first aspect of the complaint, the CRE concluded that the presenter’s comments had been partisan and represented an inappropriate excursion into advocacy. The presenter was counselled on this error of judgement. The other aspects of the complaint were not upheld.

The complaint was partially upheld.

2. News reporting - usage of term ‘jihad’

The complainant expressed dissatisfaction with the ABC’s response to his complaint about Radio News reports which he said incorrectly used the term ‘jihad’ as meaning Holy War. The complainant asserted that the term actually means “struggle” or effort against the soul’s desires.

The CRE concluded that the use of ‘jihad’, with connotations of holy war, was clear in the Western lexicon, and that it was understandable and reasonable that a reporter might use the word in the context of suggestions of a Holy War. The CRE

recommended that reporters should be careful not to use the word too loosely.

The complaint was not upheld.

3. ABC News - Anti-Palestinian bias in reporting

The complainant expressed dissatisfaction with the ABC’s response to his complaint about deliberate and systematic bias in reporting of events in the Middle East. The complainant claimed that the ABC did not report acts of terrorism perpetrated by Israelis.

The CRE investigated a number of examples cited by complainant, but did not support the complainant’s claim of pro-Israeli bias. The CRE did not support the claim that the ABC ignored or misrepresented the position of Palestinians, adding that the ABC website archive included in excess of 800 stories relating to Palestinian interests.

4. ABC News – Further complaints re Anti-Palestinian bias in reporting

The complainant alleged systematic anti-Palestinian bias in the ABC’s coverage of the Middle East.

The CRE reviewed the complainant’s detailed concerns and found no evidence to support an allegation of systematic bias or discrimination in ABC coverage of Palestinians.

The complaint was not upheld

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5. Various ABC programs - lack of balance of opinion

The complainant expressed dissatisfaction with the ABC’s response to complaints including: a lack of balance relating to an Australia Talks Back program about the proposed full sale of Telstra; references to Bethlehem as “predominantly Palestinian”;

and a lack of balance during an Insiders panel discussion. The complainant was also concerned about three AM reports, claiming that a report about Iraqi Jews misused the word “exile”; that the use of the term “gunrunners” in a report entitled “Israeli Navy patrols for gunrunners” was biased; and that the use of the term “axis of evil”, in reference to Iran was inaccurate.

The CRE concluded that Australia Talks Back provided a balanced range of opinion regarding the proposed full sale of Telstra; that references to Bethlehem being

“predominantly Palestinian” were correct, as the population was majority Palestinian;

and that the Insiders program presented a balance of opinion and perspective. The CRE did not uphold the complaint of factual inaccuracy and bias in three AM reports.

6. AM - treatment of swimmer Emma Fuller’s allegations

The complainant expressed dissatisfaction with the ABC’s response to a complaint about an AM report on the case of swimmer Emma Fuller and swimming coach Greg Hodge. The complainant felt that the coverage trivialised Ms Fuller’s serious

allegations against Mr Hodge.

The CRE concluded that the AM coverage fairly presented the differing positions of Emma Fuller, Greg Hodge and another swimmer, Emma Coombes. The CRE could not find any evidence of prejudicial treatment of Emma Fuller.

The CRE added that there was no evidence that the program disbelieved Emma Fuller’s account. The reports included excerpts from Channel Nine’s A Current Affair program in which Emma Fuller explained her position in her own words. This was followed by Greg Hodge’s denial of her accusations of improper behaviour. A second report included comments from another swimmer making allegations of improper behaviour and an excerpt from Channel Nine featuring the CEO of Australian Swimming. A third report concerned a third swimmer, Emma Coombes, who spoke supportively of Mr Hodge.

7. ABC 7 pm news - Reporting of “anti-semitic” comments made by former Malaysian PM, Dr Mahatir

The complaint alleged a general anti-Palestinian bias on ABC programs, and

specifically that in reporting comments made by former Malaysian Prime Minister, Dr Mahatir, the ABC had given an unqualified report that Dr Mahatir’s comments were

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anti-Semitic. The complainant argued that if the ABC was reporting the view of the Prime Minister, this should have been made clear.

The CRE concluded that the report reflected widespread condemnation of Dr Mahatir’s remarks and that the report was accurate and impartial.

8. ABC News Online - Inaccuracy in reporting Palestinian “hudna”

The complainant expressed dissatisfaction with the ABC’s response to his complaint that a statement in an ABC News Online item, ‘Middle East truce in tatters’ was misleading and inaccurate.

The CRE concluded that while the complainant was correct in pointing out that the

“hudna” agreement was with the Palestinian Authority, the ABC report was also correct in identifying that Palestinian - Israeli hostilities resumed as a result of the killing of the Hamas leader.

The ABC report was correct to report that the ceasefire was figuratively ‘torn up’:

there was not reference in the report to whom the agreement was with.

9. Order in the House - unsupported accusations

The complainant alleged that comments made in the program Order in the House asserted that the Federal Government had leaked details of a top-secret security report, when this had not been established as fact. An additional complaint was also made about comments made by an ABC during an appearance on the Channel 10 program, The Panel.

In relation to Order in the House, the CRE noted that it provided commentary and analysis, which often involved a critical overview of the policies or actions of all parties. While its conclusions may be a matter of debate, the program’s comments did not amount to a breach of the Editorial Policies.

In relation to the second matter, the CRE noted that relevant presenter had an established role as a commentator and concluded that his appearance on a satirical discussion program did not preclude him from continuing to present for the ABC.

10. 702 ABC Sydney - failure to moderate comments of talkback callers

The complainant was concerned about a talkback segment on 702 ABC Sydney, in which the presenter allowed a number of callers to make extreme statements about the properties of sunscreen, without making efforts to moderate the inaccurate information being broadcast. He also complained that comments the presenter had

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made about smoking had been inappropriate.

The CRE considered that, since the program had broadcast the views of university researchers as well as comments from talkback callers, the complaint was not

upheld. The CRE also considered that the presenter’s own comments about smoking indicated that he was appropriately sceptical about the authority of anecdotal

evidence which suggested that people could smoke and continue to live a long and healthy life.

11. Radio National - Religion Report - denigration of Catholic Church.

The complainant alleged that the host of Radio National’s The Religion Report was hostile and rude in an interview about the Catholic Church’s position on the use of condoms, and that the entire interview was disgracefully calculated to ensure that the standing of the Catholic Church and Bishop Fisher were diminished in the minds of listeners.

The CRE concluded that the presenter was challenging and provocative, but gave respect to both Bishop Fisher and his other guest.

12. ABC North & West SA – pressure to respond to claims on air

The complaint alleged that the representative of an advertising business had been placed under undue pressure to respond to critical consumer claims on air, and that the segment was inadequately researched and lacked clarity.

The CRE reviewed the program and could find no evidence of the program

misrepresenting the business. The CRE concluded that the story was not inaccurate.

13. ABC News Online - inaccuracy in report on Middle East conflict

The complainant alleged that an ABC News Online article “Tel Aviv, Gaza violence claims 10” provided inadequate background to enable Australian readers to

understand the context of these events. The complainant was also dissatisfied with the way her complaint had been handled by Audience & Consumer Affairs.

The CRE reviewed the report and observed that a distinction had to be made between matters of accuracy and matters of context. The CRE concluded that the report itself was not inaccurate. With regard to complaint handling, the CRE noted that considered rejection of a complainant’s point of view does not in itself amount to being disrespectful or showing a lack of serious intent. The CRE found that a substantive effort was made to engage with the complainant’s concerns.

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5. Summary of reviews completed by the ICRP and ABA (i) Independent Complaints Review Panel (ICRP)

To date this year, the ICRP has finalised one review, concluding that the complaint was not upheld.

The complainant alleged that Media Watch presenter, David Marr was biased when making comment on one of the 68 complaints of bias made against the ABC by the then Minister of Communications, Senator Richard Alston. Further details are provided in a Media Release issued by the ABC, which is available at this link: www.abc.net.au/corp/pubs/s1071039.htm.

(ii) Australian Broadcasting Authority (ABA)

To date this year, the ABA has finalised seven investigations arising from ABC broadcasts.

None of the complaints have been upheld. Summary details are provided below:

A listener complained that comments made by a guest about Judaism and Zionism during an interview on The National Interest were anti-Semitic and anti-Zionist, and complained that the presenter had not challenged the guest in relation to his remarks.

The ABA considered that the program segment constituted a discussion of a genuine public question (war and religion) in which differing points of view were advanced and explored. The ABA concluded that the ABC’s Code of Practice had not been breached.

A listener complained about an edition of Radio National’s The Health Report which had touched briefly on the behaviour of children with Asperger Syndrome. The complainant considered that the presenter’s brief comments about Asperger Syndrome and

aggression were discriminatory. The ABA concluded that these comments did not breach the ABC’s Code of Practice.

A viewer complained about what he considered to be disparaging references to Ethiopia in Changi and Foreign Correspondent, and also claimed that Four Corners had filmed him without his knowledge while he was held in a detention centre. The ABA

determined that there had been no breach of the ABC’s Code of Practice in relation to these matters.

An audience member complained that the ABC was racist and inaccurate in refusing to refer to Palestinian militants as “freedom fighters” in various news and current affairs programs. The ABA determined that there had been no breach of the Code of Practice in relation to any of the programs cited by the complainant.

A listener complained that an ABC Classic FM’s presenter had infringed his right to privacy by making negative remarks about his letter writing skills on-air. The ABC had previously upheld elements of this complaint and acknowledged that aspects of the presenter’s behaviour had been inappropriate. The ABA concluded that the broadcast did not breach the ABC’s Code of Practice.

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A listener complained that a story broadcast on Correspondents’ Report on 4 August 2002 dealing with a massacre at the Jenin refugee camp was inaccurate and lacked impartiality. The ABA did not uphold the complaint, noting that report itself effectively countered Palestinian claims that 500 had been killed. In relation to balance, the ABA concluded that the report achieved the level of balance and impartiality required of the Code.

A viewer complained that a Lateline report about a ceasefire (“hudna”) between Israel and Palestine was inaccurate and biased against Israel. The ABA noted that the ABC’s reporting was consistent with reports by other major news organisations at the time and determined that, regardless of the fact that there were breaches of the “hudna”, the statement made by the ABC reporter regarding the ceasefire holding for 52 days was factually accurate. The ABA also concluded that there had been no breach of the requirement for balance, noting that the brief report was not intended to be a thorough analysis of the “roadmap to peace” and that the report had provided comments from both Israeli and Palestinian spokesmen.