[LINK] Summary of Finkelstein and the Media

[Roger Clarke]

Below is from a quick summary I did for the APF Board.

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APF submitted as follows:
http://www.privacy.org.au/Papers/MediaInq-Sub-111118.pdf
http://www.privacy.org.au/Papers/MediaInq-120109.pdf

The key requirements are (p.1):
* Governance. ...
* Scope.  ...
* Avoidance of Collateral Damage.  ...
* A Progressive Compliance Framework.  ...
* Powers.  ...
* Enforcement.  ...
* Resources.  ...

A Public Regulatory Body, neither self-reg nor government reg (pp.2-3).

Preferably a new body, failing that a transformed APC (pp.4-5).

Comprehensive scope over the converged media (p.5).

No role whatsoever for ACMA (Supplementary Sub).

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Report of the Inquiry into the Media and Media Regulation R Finkelstein QC assisted by Prof M Ricketson http://www.dbcde.gov.au/__data/assets/pdf_file/0006/146994/Report-of-the-Independent-Inquiry-into-the-Media-and-Media-Regulation-web.pdf

[APF was barely mentioned in the Report;  but the Recommendations for 
changed regulatory arrangements are *very* much along the lines that 
we championed.]

The Exec Summary is on pp.7-11.

Finkelstein recommended as follows:

6. I have come to the conclusion that [the existing] mechanisms are 
not sufficient to achieve the degree of accountability desirable in a 
democracy:
-   Of the existing self-regulation measures, only one or two 
newspapers have appointed an ombudsman or readers' representative.
-   Online news publications are not covered.
-   The most important institution, the APC, suffers from serious 
structural constraints. It does not have the necessary powers or the 
required funds to carry out its designated functions. Publishers can 
withdraw when they wish and alter their funding as they see fit.
-   ACMA's processes are cumbersome and slow.
-   If legal proceedings against the media are called for, they are 
protracted, expensive and adversarial, and offer redress only for 
legal wrongs, not for the more frequent complaints about inaccuracy 
or unfairness.

7. The problems with both the external and self-regulatory mechanisms 
are inherent, and cannot be easily remedied by piecemeal measures.

8. I therefore recommend that a new body, a News Media Council, be 
established to set journalistic standards for the news media in 
consultation with the industry, and handle complaints made by the 
public when those standards are breached. Those standards will likely 
be substantially the same as those that presently apply and which all 
profess to embrace.

[That's a massive failure in the Report.
[Here are the reasonable expectations of a Code re privacy:
  http://www.rogerclarke.com/DV/PandM-PNeeds.html
  http://www.rogerclarke.com/DV/PandM-CodeTemplate.html
[And here's the catalogue of inadequacies of existing Codes:
  http://www.rogerclarke.com/DV/PandM-Codes.html

9. Moreover, I recommend that the News Media Council have those roles 
in respect of news and current affairs coverage on all platforms, 
that is, print, online, radio and television. It will thus explicitly 
cover online news for the first time, and will involve transferring 
ACMA functions for standards and complaints concerning news and 
current affairs. It will replace the voluntary APC with a statutory 
entity. In an era of media convergence, the mandate of regulatory 
agencies should be defined by function rather than by medium. Where 
many publishers transmit the same story on different platforms it is 
logical that there be one regulatory regime
covering them all. 

10. The News Media Council should have secure funding from government 
and its decisions made binding, but beyond that government should 
have no role.  ...

11. A guiding principle behind the design of the News Media Council 
is that it will provide redress in ways that are consistent with the 
nature of journalism and its democratic role. Like the APC, its 
members should be comprised of community, industry and professional 
representatives.  ...

[That's also second-best.  It needed to be a community Board, with 
industry and professional reps on a Reference Group, not on the 
Board.]

12. An important change to the status quo is that, in appropriate 
cases, the News Media Council should have power to require a news 
media outlet to publish an apology, correction or retraction, or 
afford a person a right to reply. This is in line with the ideals 
contained in existing ethical codes but in practice often difficult 
to obtain.

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-- 
Roger Clarke                                 http://www.rogerclarke.com/
			            
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
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Visiting Professor in the Faculty of Law               University of NSW
Visiting Professor in Computer Science    Australian National University