MEDIA RELEASE | 22 August 2014

Statement from Press Council Executive Director John Pender

Two News Corp papers have written to me insisting, among other things, that the Chair of the Council, Prof Julian Disney, should withdraw from the Council's adjudication of two complaints relating to them. They did so on the ground that there could be an appearance of bias.

At Prof Disney's request I consulted a Vice Chair of the Council, John Doyle QC, who is a member of the relevant Adjudication Panel. Mr Doyle considered that the demands for Prof Disney to withdraw were not justified, and I was of the same view.

Prof Disney has advised me, however, that he will withdraw. Although he agrees with the view of the Vice Chair and myself, he believes the Council cannot afford to have its complaints work subjected to the further severe disruption which would flow from resisting the newspapers' demands and related misrepresentations.

The Chair regrets that his decision may be interpreted as indicating that he would no longer be able to chair adjudications with sufficient independence from News Corp pressures.

On the other hand, he is aware that concerns have already been expressed by a complainant that recent criticism in The Australian's reports and editorials may cause him to be unduly responsive to such pressures when chairing adjudications.

Accordingly, the Chair has also decided that he will not participate in the adjudication of any complaints about News Corp publications. This decision has taken account of the fact that it will only affect complaints considered at the one Panel meeting which he is scheduled to chair before leaving the Council next January.

Prof Disney will continue, of course, to lead the Council's other work. This includes, especially, the promotion of its new General Principles through a series of seminars with media and community representatives around Australia and the finalisation of Specific Standards of Practice relating to digital publishing. As Executive Director, I will need to raise for the Council's early consideration whether, and if so how, it is able to respond effectively to serious misrepresentations of its work and to breaches by its members of their agreed obligations.