APC Update | Issue 16

PROPOSED ANTI-DISCRIMINATION LEGISLATION

The Chair of the Australian Press Council, Prof Julian Disney, has reiterated the Council's concern about anti-discrimination legislation making it unlawful to use language which "offends" or "insults" people. 

Prof Disney said: 

 "Early this year the Council criticised the use of the words “offend” and “insult” in the Racial Discrimination Act. Now, however, the Federal Government is proposing to extend their application to other types of discrimination.

The Council firmly believes that making conduct unlawful in these terms is an unacceptably broad and severe limitation on freedom of speech. Accordingly, it urges the Government to remove those aspects of the proposed legislation.

This does not mean that the Council believes that vitriolic personal attacks and intimidation should be published or condoned by responsible media outlets.

I emphasised at a public seminar last week that such abuses of free speech can severely restrict genuine freedom and diversity in public discussion, as well as harming the subjects of the attacks.

But, as the Chairman of the ABC said yesterday, the current and proposed laws go too far."

FACT AND OPINION

The Council's review of the General Principles on which its adjudications are based is currently concentrating on the extent to which different principles should apply to reporting facts and expressing opinions.

CONTACT WITH PATIENTS

Following release last year of the Council's Specific Standards relating to reporting of suicide, it is now finalising Specific Standards concerning contact by the print and online media with patients in hospitals, nursing homes and similar institutions. Several consultations have occurred with experts from the health sector and the media, as well as people from the broader community.

The draft standards will be considered by the Council at its next meeting, scheduled for mid-February. Amongst other things, the draft will consider the circumstances in which media representatives should identify themselves as such to the institution in questions and should also obtain the informed consent of the patient or some other appropriate person.