Investigation report no. BI-190

Summary
Broadcaster / Australian Broadcasting Corporation
Station / ABC NewsRadio
Type of service / National - radio
Name of program / ABC NewsRadio Mornings
Date of broadcast / 22 March 2016
Relevant code / ABC Code of Practice 2011 (revised in 2016)
Date finalised / 8 July 2016
Decision / No breach of Standard 4.1 [impartiality]

Background

In May 2016, the Australian Communications and Media Authority (the ACMA) commenced an investigation under section 151 of the Broadcasting Services Act 1992 (the BSA) into ABC NewsRadio Mornings broadcast on ABC NewsRadio by the Australian Broadcasting Corporation (the ABC) on 22 March 2016.

The complaintalleged bias inthe broadcast of comments by the Hon. Josh Frydenberg, MP, then Minister for Resources, Energy and Northern Australia, about the former Australian Building and Construction Commission (ABCC). The complaint also alleged bias in a subsequent interview with Mr Terry Barnes, a political commentator and former advisor to the Hon. Tony Abbott, MP on his views about the Abbott and Turnbull governments.

The ACMA has investigated the ABC’s compliance against standard 4.1 (due impartiality) of the ABC Code of Practice 2011 (revised in 2016) (the Code).

The program

ABC NewsRadio Mornings is a news program hosted by Steven Chase and broadcast on ABC NewsRadio from 9.00 am – 12.00 pm, on Monday to Friday.

The program is described as:

As news breaks throughout the morning, tune into ABC NewsRadio for all the latest developments and interviews with those making the news.

You will also hear in-depth analysis and of news, politics, sport, finance (including a review of the first few hours trading on the ASX)[1].

A transcript of the full interview with Mr Frydenberg and the relevant segment of the interview with Mr Dave Oliver, Secretary of the Australian Council of Trade Unions, is at Attachment A.

The interview with Mr Barnes was conducted in an afternoon program on ABC News. An excerpt of the program including the introduction of Mr Barnes is also at Attachment A.

Assessment and submissions

When assessing content, the ACMA considers the meaning conveyed by the material, including the natural, ordinary meaning of the language, context, tenor, tone, and any inferences that may be drawn. This is assessed according to the understanding of an ‘ordinary reasonable’ listener or viewer.

Australian courts have considered an ‘ordinary reasonable’ listener or viewer to 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.[2]

Once the ACMA has ascertained the meaning of the material that was broadcast, it then assesses compliance with the Code.

The investigation has taken into accountthe complaint(at Attachment B), the ABC’s response to the complainant (at Attachment C) and copies of relevant audio recordings provided by the ABC which included the 10.00 am news bulletin and interviews.

Relevant Code provision

Standard 4.1

4.1Gather and present news and information with due impartiality

The Code requires that this standard is interpreted and applied in accordance with the relevant principles, which include:

Judgements about whether impartiality was achieved in any given circumstances can vary among individuals according to their personal and subjective view of any given matter of contention. Acknowledging this fact of life does not change the ABC’s obligation to apply its impartiality standard as objectively as possible. In doing so, the ABC is guided by these hallmarks of impartiality:

  • a balance that follows the weight of evidence;
  • fair treatment;
  • open-mindedness; and
  • opportunities over time for principal relevant perspectives on matters of contention to be expressed.

[…]

Impartiality does not require that every perspective receives equal time, nor that every facet of every argument is presented.

Assessing the impartiality due in given circumstances requires consideration in context of all relevant factors including:

  • the type, subject and nature of the content;
  • the circumstances in which the content is made and presented;
  • the likely audience expectations of the content;
  • the degree to which the matter to which the content relates is contentious;
  • the range of principal relevant perspectives on the matter of contention; and
  • the timeframe within which it would be appropriate for the ABC to provide opportunities for the principal relevant perspectives to be expressed, having regard to the public importance of the matter of contention and the extent to which it is the subject of current debate.

Finding

The ABC did not breach standard 4.1 of the Code.

Reasons

To assess compliance, the ACMA has considered the following:

contextual factors

the ABC’s hallmarks for impartiality:

  • a balance that follows the weight of evidence
  • fair treatment
  • open-mindedness
  • opportunities over time for principal relevant perspectives on matters of contention to be expressed.

The complainant submitted:

[…]

On morning of 22 March 2016 in a number of news bulletins Liberal MP Josh Frydenburg[sic] was quoted saying how since the abolition of the building industry watchdog the industry has suffered more disputes etc. that [sic] when it was operating.

Earlier in an interview with Marius Benson this claim was specifically denied by the Secretary of the ACTU, who added that al [sic] that had increased were worker deaths and injuries, yet the contested Frydenburg[sic] claim was continually aired in the news bulletins without acknowledgement that his claims were contested as to fact. This is bias.

The broadcaster’s response to the complainant stated:

[…]

The impact of the abolition of the Australian Building and Construction Commission (ABCC) is a complex issue and it is not always practical, or possible, to include within one report all the facts or perspectives which may apply to this story. The ABC aims to present a diversity of perspectives so that over time no significant strand of thought is knowingly excluded or disproportionately represented.

On 22 March ABC NewsRadio spoke to or replayed interviews with: Josh Frydenberg, Minister for Resources, Energy and Northern Australia; Tanya Plibersek, Deputy Leader of the Opposition; Dave Oliver, Secretary of the ACTU; Senator Glen Lazarus; Senator Nick Xenophon; and Terry Barnes, political commentator; amongst others.

Marius Benson contested a number of claims about the ABCC made by Josh Frydenberg, an example follows:

Benson: “…when you travel around the electorate do people come up to you and talk to you about the need for a building industry watchdog in the construction industry because anecdotally I meet a lot of people who like talking politics and nobody volunteers that as a topic…”

Frydenberg: “what they do talk to me about is job security and where the next job will be coming from…”

Benson: “That’s a long bow between that and an ABCC…..”

On such a complex issue, claims and counter-claims are both aired, and appropriately attributed, so that the listener to come to their own understanding of the topic.

The ABC did not claim that Terry Barnes is an independent commentator.

On 22 March 2016, the programincluded interviews (some of which were replays of previous interviews) on the topic of the ABCCand the calling of the 2 July 2016 election with:

  • MrFrydenbergat 9.17 am (AEST)
  • Mr Saul Eslake, economist,at 9.46 am (AEST)
  • Ms Tanya Plibersek, Deputy Leader of the Opposition at 9.52 am (AEST)
  • Mr Oliver, at10.16 am (AEST).

The subsequent interview with Mr Barnes, broadcast on 22 March 2016 at 2.46 pm (AEST), included his views on the working relationship of the former Prime Minister, Mr Tony Abbott MP, and the Hon. Malcolm Turnbull, MP, Prime Minister of Australia.

The relevant standard requires the ABC to ‘gather and present news and information with due impartiality’. Inclusion of the word ‘due’ indicates an element of flexibility depending on the particular context.

Whether a breach of the Code has occurred will depend on the themes of the program, any editorial comment, the overall presentation of the material and the circumstances in which the program was prepared and broadcast.

Contextual factors

The ABCC was dissolved in 2007. In March 2016, the Turnbull government introduced legislation to re-establish the ABCC to regulate the building industry. On 21 March 2016, the Prime Minister saidthat if the legislation was rejected by the Senate, a double dissolution election would be called.

Therefore, at the date of broadcast, the functions of the ABCC, the circumstances surrounding the passage of the legislation and the potential calling of the election were highly newsworthy matters. In the political context, they were also contentious. Views on these matters were expressed by a range of people in the broadcast, including the Minister for Resources, the Deputy Leader of the Opposition, an economist and the ACTU Secretary.

Given changes of leadership in the Government, the subsequent interview in which with Mr Terry Barnes compared the leadership of Mr Abbott and Mr Turnbull was also highly newsworthy.

Hallmarks of impartiality

The complaint is that the program and later interview were biased because a claim by Mr Frydenberg was not presented as contested and Mr Barnes was not an independent commentator.

The discussion with Mr Frydenbergon 22 March 2016, covered the circumstances in whicha double dissolution election could be triggered by the ABCC legislation. He referred to‘falling productivity and increasing industrial disputes following the abolition of the ABCC’. Later, this statement was replayed and it was challenged by Mr Oliver who claimed that industrial accidents, rather than disputes, had increased.

Listeners would have understood from the broadcast that there were opposing views on the effectiveness of the ABCC and its relevance to voters and that Mr Fydernberg’s comments were contested by the Secretary of the ACTU.

The ACMA also accepts the ABC’s submission that the interviewer, Marius Benson challenged claims made by Mr Frydenberg. He also challenged claims made by Mr Oliver.As noted by the ABC, claims and counter-claims on matters relating to the ABCC and the election more broadly were both aired and appropriately attributed. This included the claims and counter-claims of the two main opposing political parties.

The ACMA accepts the ABC’s submission that it did not claim that Mr Barnes was an independent commentator. In the context of the political events at the time of broadcast, the ACMA is satisfied listeners would have expected commentary about the current leadership.

Mr Barnes’ comments about the leadership of Mr Abbott and Mr Turnbull were adequately attributed as his own assessment. Further, an additional perspective on this matter was provided in an earlier interview with Ms Tanya Plibersek where she commented on the relationship between Tony Abbott and Malcolm Turnbull.

The ACMA is satisfied that the program and subsequent interview included a balance that followed the weight of evidence, the programs displayed fair treatment, were open minded and principal relevant perspectives on the matters of contention were expressed within an appropriate timeframe.

Accordingly, the ABC did not breach standard 4.1 of the Code.

Attachment A

Transcript of interview with Josh Frydenberg at 9.17am, broadcast on ABC NewsRadio Mornings on 22 March2016

Marius Benson: Let’s go to politics because there is a new electrical current running through the political scene today with the Prime Minister, Malcolm Turnbull’s ultimatum to the senate ‘come back and pass the legislation on the building industry watchdog or face a double dissolution’. To look at the standing of the parties at the beginning of the campaign, I’ll be speaking to Andrew Katarius in a moment, but first I am going to speak to, one of those who is campaigning, here is the Minister for Resources, Energy and Northern Australia Josh Frydenberg. Josh Frydenberg - good morning.

Josh Frydenberg: Good morning to you Marius.

Marius Benson:Are you on the trail as we speak?

Josh Frydenberg:Actually, just arrived in Sydney. We have a cabinet meeting this morning, no doubt we’ll be discussing the weeks and months ahead but everybody is aware that the pressure is now on the senate to pass these important pieces of economic legislation, namely to put a cop back on the beat andour workplaces with the ABCC as well as the Registered Organisations Bill which would bring greater transparency to the union movement.

Marius Benson:You sort of had a cabinet meeting yesterday, but it was just a quick phone hook-up by all reports at 10 o’clock, you were simply told of the Prime Minister’s decision to effectively call a July 2 poll, if there is the double dissolution. Were you in the loop before then?

Josh Frydenberg:Look, we had a phone hook-up. I’m not going to go into conversations people had before and with whom, but the point is, this is a important decision by the Prime Minister. It’s his prerogative, in terms of the approach to these matters and I think it’s a very good decision and one which we all now get behind.

Marius Benson:But people are pointing to the fact that the Treasurer in particular, Scott Morrison appeared to be left out to dry. After the Prime Minister was dealing with the Governor General on arranging for this election process to get underway, Scott Morrison was out there saying ‘the budget will still be on May 10’ when, in fact, the Prime Minister brought it forward to May 3. He was left out of the loop according to many reports.

Josh Frydenberg:Oh look I think that’s just conjecture. I mean, the point is Scott Morrison is one of our absolute keyleading lights in the party and as the treasurer, there was a big responsibility leading up to the budget and announcing what willbe the key economic document going into the election, so, I think we’re all on the same page. We’re focused on the job at hand, there will be a clear voice at the election. I think we have delivered under Malcolm Turnbull some significant policy changes, namely just in recent weeks the section 46 change to competition law in which he took on some vested interest in big business,the media reform which had been in the too hard basket for too long and of course the senate reform, which is very important in empowering electors to have a say as to where their preferences go.

Marius Benson:Josh Frydenberg, I just sorta regret asking you the next question because politicians tend, tend to hear what they want to hear, but when you travel around the electorate, do people come up to you and talk to you about the need for a building industry watchdog in the construction industry, because, anecdotally, I meet a lot of people who’d like to talking politics and nobody volunteers to talk about that as topic.

Josh Frydenberg:What they do talk to me about is job security and where the next job will be coming from.

Marius Benson:That’s a long bow between that and an ABCC.

Josh Frydenberg:Not really, because one million Australians are employed in the construction sector, and we have seen falling productivity,and increasing industrial disputes following the abolition of the ABCC by Bill Shorten. Now,it’s just so important that we’re able to get that industry working as effectively as possible and people are impacted by a lack of productivity or increased lawlessness in that sector because it means higher prices for the hospitals that are built, higher prices to business that are built which are then subsequently passed onto consumers, and higher prices for residential property.

Marius Benson:Can I toss one number into that mix because residential construction is up 8% in the year – 8 %.

Josh Frydenberg:What we’re, what we’re talking about is about the cost of constructionand there’s huge opportunities in the construction sector to welcomeinvestment both domestic and international but we need to be very productive and the increase of 34% of industrial disputes since the abolition of the ABCC, and the fact that 2/3 of industrial disputes in Australia are in the building construction sector would indicate that there are some real problems there which were highlighted by the Hayden Royal Commission and before that, the ColeRoyal Commission.

Marius Benson:Just a word on the mood of the nation at the beginning of a 103 day campaign. I don’t know how anyone’s going to survive it. But the more the public has seen of the Prime Minister and the government he leads in the last 4-6 weeks, the less they’ve liked it. What would you put that down to?

Josh Frydenberg: I actually think Malcolm Turnbull has started extremely well as Prime Minister and as I said…

Marius Benson:That’s not the view of the public tho.

Josh Frydenberg:Well he’s still very much the preferred Prime Minister and he hasstrong personal ratings and he is overseeing an economy which is showing some very positive signs and the fact is our growth rate of 3% is higher than the United States, higher than the UK.We’re certainly performing better than Canada or other equivalent um nations, and it’s something to be proud of. Now these economic figures aren’t just matters of luck, they’re actually a result of good policy announcements. The Free Trade Agreements that was now put in place, the innovation statement, which has been warmly welcomed by the sector. These are all things that Malcom Turnbull and other members of the coalition can claim credit for.