The ABC has been found in breach of the impartiality provisions of the ABC Code of Practice.
The Australian Communications and Media Authority has found that ABC News breached the provisions of the Code for the first time since 2011.
The ACMA investigation followed a complaint about a segment that aired in Canberra on 19 November 2016 covering historical child sexual abuse allegations against the late Dr Vincent John Adams Flynn. Dr Flynn, who died in May 2016, was the son of Sydney solicitor Vincent John Flynn and Jean Marie Flynn (nee Adams), known as an heiress to the Tattersall’s Lotteries Sweepstakes founded by her great-uncle George Adams.
The ACMA found that the ABC failed to gather and present news and information with due impartiality and thereby breached Standard 4.1 of the Code. You can download The ACMA’s full investigation here.
The segment raised several allegations against Dr Flynn. The tone and the language used conveyed the view that those allegations were true. The report contained no mention of Dr Flynn’s earlier and explicit denial of the allegations to the ABC. This omission added to the sense of prejudgment conveyed in the report. The ACMA did not review and made no findings in relation to the substance of the allegations.
In response, the ABC added a statement that Dr Flynn had denied the allegations, to a similar online report of the matter. This action has been noted on the ABC’s Corrections & Clarifications webpage in relation to the segment. The ABC has also discussed the ACMA’s finding with the reporter involved and circulated the ACMA’s investigation report to senior news management.
The ABC Board is required by the Australian Broadcasting Corporation Act 1983 to develop a code of practice relating to its television and radio programming and to notify this code to the ACMA. This is a different process from that established in the Broadcasting Services Act 1992for the development of the commercial broadcasting codes, which entails registration by the ACMA if appropriate community safeguards are provided.
As with other broadcasters, complaints that the ABC has acted contrary to the ABC Code may be made to the ABC first and, if the ABC fails to respond or the complainant considers the response is inadequate, a complaint may then be made to the ACMA. The ACMA must then consider whether the complaint is justified.
Where a breach of the Code is found, the general approach of the ACMA is to accept appropriate remedial action by the ABC. The ACMA’s enforcement powers in regard to the ABC are different from those powers used in respect of other broadcasters.
The ACMA can recommend by written notice that the ABC take some specific action in relation to the breach and complaint. If the ABC fails to act on that recommendation within 30 days, the ACMA may report that failure to the Minister and the ACMA’s report is tabled in Parliament.
Additional information about, and copies of, the ACMA’s published broadcasting investigation reports are available here.