ACMA finds 2GB Sydney breached code by misrepresenting viewpoints and presented material in a misleading manner on its Mornings with Ray Hadley program
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presented material in a misleading manner on its Mornings with Ray
Hadley program
Sydney's 2GB will issue a clarification regarding comments made on
its Mornings with Ray Hadley program last year, following an
investigation by the Australian Communications and Media Authority that
found the program misrepresented viewpoints expressed to it for
broadcast and presented material in a misleading manner.
ACMA's investigation followed a complaint received earlier this year.
It related to comments made by Mr Ray Hadley on the Mornings program
about the source of funding for an overseas trip taken by the
complainant the previous year.
ACMA found that Harbour Radio Pty Ltd., 2GB's licensee, had breached
clause 2.2(d) of the Commercial Radio Codes of Practice 2004 by stating
that Austrade had paid for the complainant's trip to China, when
views expressed to the licensee for broadcast indicated otherwise.
Under clause 2.2(d) of the code, viewpoints expressed to licensees for
broadcast must not be misrepresented and material must not be presented
in a misleading manner by giving wrong or improper emphasis or by
editing out of context.
In addition to making a clarification, the licensee has undertaken to
issue a notice to the station's presenters and producers emphasising
the code's requirements, while highlighting compliance with clause
2.2(d) as part of its internal code compliance training program in
2007.
ACMA considers these actions address the compliance issues raised by
the investigation in this instance and will continue to monitor the
licensee's performance in this regard.
A copy of the investigation report is available on the ACMA website
Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980.
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Backgrounder
ACMA conducts various types of investigations under the Broadcasting
Services Act 1992 (the Act). Investigations under Part 11 of the Act
are conducted in response to complaints received by ACMA relating to a
possible breach by:
a licensed broadcaster of the Act, the regulations, a licence
condition, a class licence or a code of practice; or
the ABC or SBS of a code of practice.
If a person wishes to complain about something of concern they have
seen or heard on a program broadcast by a radio or TV station, and the
matter is covered by a code of practice, the person must, by law, first
make a written complaint to the station.
However, if a complaint relates to a matter covered by a licence
condition, the person can complain directly to ACMA and need not
complain to the station first.
There is a different code of practice for each broadcasting sector, and
each code of practice contains a section that explains the complaints
process that applies to that sector.
As some codes impose time limits for complaints, it is advisable that
persons who wish to make a complaint write to the radio or TV station
as soon as possible. For instance, the code of practice that applies to
commercial television broadcasters enables them to decide to not
respond in writing to complaints that are made more than 30 days after
the date of broadcast.
When making a complaint to ACMA, persons must provide a copy of their
complaint to the station, a copy of the station's reply if this has
been received, and any other relevant correspondence with the station.
ACMA takes all complaints seriously (except for those that are
frivolous or vexatious or not made in good faith) and acknowledges in
writing all complaints.
For qualifying complaints, ACMA considers the information provided and
offers the relevant station an opportunity to provide its perspectives.
When all relevant information is available, ACMA assesses the complaint
against the relevant licence condition or code of practice. When an
investigation is completed, ACMA is required to notify a complainant of
the results of an investigation under Part 11 of the Act. The form this
notification is to take is not specified in the Act - sometimes it is
in the form of a letter, but more usually it takes the form of a more
formal investigation report, which is provided to both the complainant
and the licensee concerned.
Generally, personal or private information provided in a complaint,
including name and address details, are not disclosed to the licensee
concerned if it is a licence condition matter. However, as code
complaints are first made to a licensee, code complaints are usually
made available to the licensee concerned.
ACMA's usual practice is to not provide personal or private
information in an investigation report.
Under the Act, ACMA has discretion whether or not to publish the report
of an investigation conducted under Part 11 of the Act. ACMA is not
required to publish an investigation report if publication would
disclose matter of a confidential character or likely to prejudice the
fair trial of a person. If ACMA intends to publish an investigation
report that may adversely affect the interests of a person, ACMA must
give the person an opportunity to make representations in relation to
the matter.