article
In the media spotlight
19 May 2008
Reputations can be fragile. Although a Fire and Rescue authority
may have gained a reputation for delivering a quality service, its
standing can be damaged on the back of a misleading headline; the
inaccurate presentation of a news story or in extreme
circumstances, the publication or broadcast of entirely false
allegations about the service.
It is not easy for a public sector organisation to defend itself
from unjustified media criticism. As a general rule of law,
government bodies cannot sue for defamation. Although that rule has
not been specifically tested it is likely to extend to Fire
Authorities.
However, all is not lost. The solution for a Fire Authority
which has been subjected to inaccurate reporting could be to lodge
a complaint with one of the regulatory bodies governing media
conduct.
Newspaper Reports
The newspaper industry has a Code of Practice which is
administered by the Press Complaints Commission (PCC).
Most national, regional, and local newspapers and magazines are
covered by the Code. The Code sets out the minimum standards that
the press are expected to maintain.
Statistics reveal that most complaints to the PCC (approximately
two thirds of the total number of complaints in each year) concern
inaccurate reporting. The Code states that the Press must take care
not to publish inaccurate, misleading or distorted information
including pictures. Articles must also distinguish clearly between
comment, conjecture and fact.
Television and Radio Broadcasts
The television and radio industries adopt a Broadcasting Code of
Practice which is administered by the Office of Communications
(Ofcom). The Code is similar to that laid down by the PCC and
stipulates that news, in whatever form, must be reported with due
accuracy and presented with due impartiality. The Code governs all
commercial broadcasters but not the BBC when it comes to unfair
reporting.
The BBC
The BBC has its own editorial guidelines which are regulated
through its Editorial Complaints Unit. The guidelines underline the
BBC’s commitment to delivering accuracy and impartiality. They
cover all aspects of its service, whether it is a TV broadcast,
radio news bulletin, a publication on its website or an article in
one of its commercial magazines.
How to Complain?
If you have a complaint about something published in a newspaper
or a magazine or broadcast on television or radio, the first thing
to do is to write to the Editor about it. Your letter should
specify that you are seeking the publication of a correction and/or
an apology for the inaccurate reporting within seven days.
If the Editor has not replied to you within a week or you are
unhappy with his or her response then you should write to the
relevant regulatory body.
The letter of complaint should identify the name and date of the
publication or broadcast and stipulate how you believe it has
breached the code of practice.
The letter of complaint should enclose the following:
- A copy of the offending article or recording of the
broadcast.
- Copies of any correspondence or documents which you believe may
help the regulatory body to understand or assess the complaint,
including your initial letter to the Editor and any reply.
It is important to act without delay because there are time
limits. Ofcom stipulates that complaints must be lodged within a
reasonable time; the PCC will generally not accept complaints
lodged more than two months after publication and the BBC expects
to receive complaints within 12 weeks.
What sanctions can be imposed?
If the PCC upholds your complaint, the publication is required
to publish the wording in full on its own pages. The BBC’s
Complaints unit will normally publish an apology. Ofcom’s powers
are wider. It can require the media company to broadcast a
correction or a statement of Ofcom’s findings and/or impose a
financial penalty.
What are the benefits of complaining to a regulatory
body?
- It is free to do so.
- It is relatively efficient. For example, the average time it
takes the PCC to deal with a complaint is seven weeks.
- There is no costs exposure. A legal action against a newspaper
or broadcaster would involve considerable expense and the risk that
you pay its costs if the court did not find in your favour. In
contrast, the regulatory bodies do not make costs awards.
What are the limitations?
- You cannot get an article or programme stopped before
publication or broadcast. The only way to do so is by obtaining a
court injunction.
- The bodies only regulate breaches of the Code. They will not
deal with other legal or contractual matters. They will also refuse
to investigate a complaint in respect of which there is ongoing or
impending legal action.
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