Investigation Report No. 3228

Investigation Report No. 3228

Background

• In June 2014 the Australian Communications and Media Authority (the ACMA) commenced an investigation into the Seven News program, broadcast by Channel Seven Adelaide Pty Ltd (the licensee), on SAS, on 21 May 2014.
• The Seven News program broadcast on 21 May 2014included a news item about the court appearance of a man who had punched a police horse. The presenter stated:

A legal row has broken out in the case of a drunken Irishman accused of bashing a police horse. [Name] was charged with repeatedly punching Viking in the city last December. He’s pleaded guilty to disorderly behaviour, while animal cruelty charges have been dropped. Defence lawyer [name]says [name] shouldn’t be saddled with the horse attack allegations, but police won’t back down. The case returns to court next month.

• The news item included footage of what appears to be the accused and another man descending steps and walking along the street, interspersed with a shot of a horse being patted.
• The complainant alleged that reference to the accused’s nationality was gratuitous, offensive and racist, stating:

I and a good many of the Irish community, found this wording to be offensive and wondered why it was necessary to mention this man’s nationality? What did this bring to the article???

[…]

Why, above all, is it ok to stigmatise the entire Irish community as drunkards as a result of the actions of a minority. There are a great deal of very hard working Irish people in Australia who do not abuse drink and in fact some who do not drink at all.

• The licensee responded to the complainant:

We do not consider the mention of the accused’s national origin (or race) is so disproportionate or unjustified that it cast the Irish community in a negative light. Rather, we consider the mention of [name] as being Irish was insignificant and did not communicate an emphasis on Irish people in connection with alcohol problems. That is, we do not believe the brief mention of the accused’s Irish heritage conveys the message to the ordinary reasonable viewer that he was drunk and committed a crime because he was Irish or that the Irish community are all drunkards.

• Extracts of the complainant’s submissions are at Attachment A and extracts of thelicensee’s response to the complainant is at Attachment B.
• The investigation has considered the licensee’s compliance with clause 4.3.10 of the Commercial Television Industry Code of Practice 2010 (the Code).

Matters not pursued

• In her complaint to the ACMA, the complainant also referenced several print and online articles. As the ACMA does not have jurisdiction over print or online news reports, these matters have not been considered in the investigation.

Assessment

• This investigation is based on the complainant’s submissions, the licensee’s response to the complainant, and a copy of the broadcast provided to the ACMA by the licensee. Other sources used have been identified where relevant.
• In assessing content against the Code, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary, reasonable’ listener or viewer.
• Australian courts have considered an ‘ordinary, reasonable' listener or viewerto be:

A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs[1].

• In consideringcompliance with the Code, the ACMA considers the natural, ordinary meaning of the language, context, tenor, tone, visual images and any inferences that may be drawn. In the case of factual material that is presented, the ACMA will also consider relevant omissions (if any).
• Once the ACMA has applied this test to ascertain the meaning of the material broadcast, it then assesses compliance with the Code.
• Clause 4.3.10 of the Code provides:

4.3In broadcasting news and current affairs programs, licensees:

[…]

4.3.10must not portray any person or group of persons in a negative light by placing gratuitous emphasis on age, colour, gender, national or ethnic origin, physical or mental disability, race, religion or sexual preference. Nevertheless, where it is in the public interest, licensees may report events and broadcast comments in which such matters are raised.

Issue: Portrayal of a person or group of persons

Finding

The licensee did not breach clause 4.3.10 of the Code.

Reasons

• Material will be in breach of clause 4.3.10 of the Code if a person or group of persons is portrayed in a negative light as a result of gratuitous emphasis being placed on one of the characteristics set out in the clause.
• In this case, given the complainant’s assertion that by identifying the accused’s nationality the report ‘stigmatise[s] the entire Irish community for the crime this man has committed’, the ACMA identifies the relevant characteristic for the purpose of assessing compliance with clause 4.3.10 as national or ethnic origin.

Negative light

• The first question for the ACMA is whether a person or group of persons were portrayed in a negative light.
• The ACMA is satisfied that the ordinary reasonable viewer would regard the news item as portraying the accused in a negative light.
• The ACMA is not satisfied, however, that a group of persons, namely, Irish people or people of Irish national or ethnic origin, were presented in a negative light in these particular circumstances. In coming to this view the ACMA notes that:

the segmentpresented a report which focused on the behaviour of and charges laid against an individual

there was no suggestion that the accused or his behaviour were representative of a wider group of particular national or ethnic origin.

Gratuitous emphasis on nationality or ethnic origin

• The Code requires that any negative effect must be achieved through the placing of gratuitous emphasis on acharacteristic, in this case, national or ethnic origin.
• The ordinary English language meaning of the word gratuitous[2]is without reason, cause or justification.
• The second questionis whether the report emphasised, without reason,cause or justification the accused’s national and/or ethnic origin in the context of the report on his actions, with the effect of associating his negative conduct with his national or ethnic origin.
• In this case, while the segment contained a single reference to the man’s nationality at the outset, similar references were not reiterated during the report.
• Although the reference to the accused’s nationality may not have been necessary, the ACMA is not satisfied that inclusion of one reference to it wassufficient, by itself, to find that he was portrayed in a negative light by the placing of gratuitous emphasis on his national or ethnic origin.
• The negative impression that resulted was a consequence of the accused’s behaviour,which was accurately reported, and there was no suggestion that the accused’s behaviour was the result of his national or ethnic origin.
• The broadcast did not build up a scenario in which negative associations accrued around the accused or people of Irish nationality or ethnic origin, through repetition or emphasis nor were these characteristics insistently contrasted with those of any other race or ethnic origin.
• The ACMA considers that emphasis on race or nationality was absent from the broadcast.
• Accordingly, the ACMA finds that the licensee did not breach clause 4.3.10 of the Code.

While the ACMA has found that the material, in this instance, did not breach the Code, it acknowledges the complainant’s concerns about the inclusion in the broadcast of the relevant content - licensees would be well advised to exercise caution in this regard.

ATTACHMENT A

Complainant’s submissions included the following:

The complainant submitted the following to the licensee on 21 May 2014

[…]

I wish to make a formal complaint about an article reported on the news tonight, Wed 21 May, 2014, reported by [name]. This was about a man who appeared in Court today in regards to punching a horse. This was reported as follows "Drunken Irishman faced court today for punching a horse ". Why was it so important to state he was Irish ??? If this has been an Aboriginal would you have reported it as "Drunken Aboriginal " ???? No - no way as this would be classed as racist yet they feel it is ok to stigmatise the entire Irish community for the crime that this man committed. All I hear when an Australian commits a crime on the news is " Man appeared before court today " they conveniently do not add that he is Australian or that he is drunk or high on drugs !!!

[…]

you do not have to label the entire Irish community as Drunkards. I just phoned the Channel 7 News, [number] to voice my disgust and I pointed out to [name] that there are a lot of Irish people here working hard for Australia, who are not out getting drunk every week, and this just causes racism against our community.

If you insist on continuing with this racist reporting of incidents then make sure to describe ALL the many crimes that " Drunken" Australians commit as just that "Drunken Australian" or if an Aboriginal commits a crime to describe them as "Drunken Aboriginal” - after all fair is fair.

In closing I refer you to the recent suicide of an Irish man who, when under the influence of drink, flooded a hotel and due to the irresponsible reporting in the media and the backlash he received he took his life. How can you continue to perpetrate such pure racist journalism?

[…]

The complainant submitted the following to the ACMA on 4 June 2014

[…]

I am writing to ACMA to make a Formal Complaint with regard to an article reported on a news programme which I feel broke the Code of Practice which governs the broadcast of Commercial Television. I have already complained to the Channel concerned but received no satisfaction so I am contacting you.

It relates to an article which reported on the appearance in court of a man accused of punching a Horse. The wording used described the man as a "drunken Irishman faced court today accused of punching a horse". I and a good many of the Irish community, found this wording to be offensive and wondered why it was necessary to mention this man’s nationality? What did this bring to the article??? If this had been an Aboriginal man or perhaps a Muslim man would this have been reported as "Drunken Aboriginal" or "Drunken Muslim"??? No I do not think you would have used that language as the backlash from those communities would have been horrendous but because the Irish community are continuously abused in this way you seem to assume that it is acceptable to treat us with such negative reporting.

If you think that this is acceptable then in future when Australians appear in court could we have precise reporting as to the condition of that individual- if he was DRUNK or under the influence of DRUGS could it be reported exactly as the article I described "Drunken Australian" or "Drugged up Australian" and also include all other nationalities and races i.e. Indians, Chinese, Aboriginal, Arabs, Muslims, Afghans etc, etc after all fair is fair !!!!!!!!!!

Channel 7, in their reply to my complaint stated, "We do not consider the mention of the accused’s national origin (or race) is so disproportionate or unjustified that it cast the Irish community in a negative light. Well how dare he pretend that he should know the feeling of the Irish community. Perhaps if he lived in another country and was subjected to this vindictive reporting against his nationality then he would have the right to verse his opinion.

I received the reply from Channel 7 yesterday and was informed by another Irish national that Channel 7 has again mentioned the nationality (in a news bulletin on the radio) and this was also splashed all over the Advertiser as this Irishman appeared in court

[…]

Why, above all, is it ok to stigmatise the entire Irish community as drunkards as a result of the actions of a minority. There are a great deal of very hard working Irish people in Australia who do not abuse drink and in fact some who do not drink at all.

In conclusion I would like to refer back to a very serious incident when, about 9 months ago two Australian reporters were in the limelight for their "prank phone call" to the Hospital where Catherine, the Duchess of Cambridge was admitted and which resulted in the suicide of the nurse who took the phone call. Well as a result of the horrendous reporting of the Irishman who flooded a hotel in Melbourne, [name] could not face the shame he had brought to his family, in Ireland, and he committed suicide. This did not even warrant any action against the media concerned whose headlines

"Drunk Irishman flooded Melbourne city hotel" were splashed all over the world.

I feel the media is ruled by the Commercial Television Industry Code of Practice (the Code) which states that "licences must not portray any person or group of persons in a negative light by placing gratuitous (done without good reason; uncalled for) emphasis on age, colour, gender, national or ethnic origin, physical or mental disability, race, religion or sexual preference" and I and a good many of the Irish community feel that these rules have been broken.

[…]

ATTACHMENT B

Licensee’s submissions included:

The licensee provided the following response to the complainant on 27 May 2014

[…]

The Code provides that in broadcasting a news program, licences “must not portray any person or group of persons in a negative light by placing gratuitous emphasis on age, colour, gender, national or ethnic origin, physical or mental disability, race, religion or sexual preference” (clause 4.3.10). The ACMA has stated that this clause “aims to prevent treatment that is so out of proportion with the matter reported on, that without justification, a person or group from those categories is cast in anegative light”.

You have raised the concern that a Seven News report offended clause 4.3.10 because it was racist and stigmatised the entire Irish community as drunkards.

Having reviewed the material, the news presenter states: “A legal row has broken out in the case of a drunken Irishman accused of bashing a police horse. [Name] was charged with repeatedly punching Viking in the city last December. He’s pleaded guilty to disorderly behaviour, while animal cruelty charges have been dropped. Defence lawyer …. says [name] shouldn’t be saddled with the horse attack allegations, but police won’t back down. The case returns to court next month.”

We do not consider the mention of the accused’s national origin (or race) is so disproportionate or unjustified that it cast the Irish community in a negative light. Rather, we consider the mention of [name] as being Irish was insignificant and did not communicate an emphasis on Irish people in connection with alcohol problems. That is, we do not believe the brief mention of the accused’s Irish heritage conveys the message to the ordinary reasonable viewer that he was drunk and committed a crime because he was Irish or that the Irish community are all drunkards.

Nevertheless, we regret if you or the members of your community found offence in the reference.

[…]

ACMA Investigation Report 3228 – Seven News broadcastby SASon 21 May 20141

[1]Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 at 164–167 (references omitted).

[2]As defined in the online Macquarie English Dictionary (Sixth Edition)