Scope of this Guidance Note

This Guidance Note provides advice and information on working with Australia’s Aboriginal and Torres Strait Islander people, culture and heritage in ABC content making.

Indigenous Australians place great importance on observing cultural protocols, but there are many different practices and protocols across Indigenous Australia.

This guidance covers significant cultural practices that apply most frequently to the ABC’s Indigenous content and points to further information and detail that may be relevant to individual projects, providing a range of suitable contacts for that purpose.

It does not cover the cultural protocols to be observed at ABC Events which are outlined in the separate ABC policy, Indigenous Cultural Protocols at ABC Events.

KEY EDITORIAL STANDARDS

The ABC Editorial Policies apply to all ABC content with the following standards especially relevant to Indigenous content on ABC services.

5 Fair and honest dealing

5.1 Participants in ABC content should normally be informed of the general nature of their participation.

7 Harm and offence

7.2 Where content is likely to cause harm or offence, having regard to the context, make reasonable efforts to provide information about the nature of the content through the use of classification labels or other warnings or advice.

7.5 The reporting or depiction of violence, tragedy or trauma must be handled with extreme sensitivity. Avoid causing undue distress to victims, witnesses or bereaved relatives. Be sensitive to significant cultural practices when depicting or reporting on recently deceased persons.

7.7 Avoid the unjustified use of stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice.

Introduction

The ABC recognises Aboriginal and Torres Strait Islander history, people and culture as integral to Australia’s history and heritage and believes it has a special role to play in facilitating the ability of Indigenous Australians to protect, promote and develop their diverse cultures, languages and local heritage.

The ABC Charter requires the ABC to reflect the cultural diversity of Australian society and we are committed to reflecting Indigenous endeavour, issues and developments through the presentation of content by, for and about Indigenous Australians. This commitment is embodied in the ABC Reconciliation Action Plan.

The ABC, as an independent public broadcaster, maintains full editorial control over all its content. We have set ourselves the highest editorial standards to apply to all our content and to ensure that we remain independent in all that we do. It is within this context that we respect Indigenous cultural protocols and practices, including, wherever possible Indigenous Cultural and Intellectual Property Rights[1]

At all times, in accordance with our editorial standards, we will approach content in a fair and reasonable manner and with cultural sensitivity.

Where deadlines are tight, especially around news, current affairs and topical content, we will make all reasonable efforts to respect cultural protocols alongside our editorial obligations.

Where we have greater lead times, during the production of long-form documentaries, dramas, comedy and other complex projects, we will make all reasonable efforts to initiate communication and consultation, especially around the negotiation of appropriate consent.

Accessing Indigenous people and communities

The ABC is committed to establishing relationships with Indigenous Australians, communities and organisations to build awareness and understanding of cultural practices. Building trust will enable the ABC to access Indigenous expertise and perspectives, not just on Indigenous issues, but on broader issues of relevance to all Australians.

Aboriginal and Torres Strait Islander communities are diverse and varied and individual approaches may be needed. There may be clear differences between urban, regional and remote communities, but there might also be subtle and nuanced difference between communities in the same region.

Here are some tips:

Research the community you’re going into—the country, the people and appropriate protocols.

If you don’t have a relationship with a community yourself, try to find someone who does have a connection and can help introduce you.

Don’t expect communities will just come out and tell you all you need to know. Make time for this, it may take several visits.

Approach community leaders and all others with respect. Put time aside to get to know people and let them know you.

Communicate honestly and clearly about the content you want, how it will be gathered, and how and where it will be distributed.

Explain clearly to participants their proposed role or the proposed role of their material in the content you are making. You should do your best to minimise ambiguity and make sure everyone is clear on the implications of their participation.

Permission is often required to access Indigenous lands and communities and to record and capture images of sacred sites, cultural objects and ceremonies.

When obtaining permissions to access locations and communities, wherever it is possible and appropriate, ensure Elders and other community leaders have been properly introduced to you and know why you are there.

Establishing relationships with Indigenous Australians, communities and organisations is a practical step towards building awareness and understanding of cultural practices. This is especially relevant for local ABC services in remote and regional areas where audiences may comprise Indigenous communities and organisations. Building trust will enable the ABC to access Indigenous expertise and perspectives not just on Indigenous issues, but on broader issues of relevance to all Australians.

The Indigenous Employment & Diversity unit in ABC People maintains a list of contacts at Aboriginal and Torres Strait Islander organisations, including representative bodies and land councils:

Language, Naming and References

Consider the use of language and terminology when referring to Indigenous people.

Some words and phrases, both written and spoken, may offend Indigenous Australians. For example, advice should be sought before using regional terms such as Koori (New South Wales), Nunga (South Australia), Yolngu (Northern Territory) and Murri (Queensland) and on the use of the word ‘black’ in various contexts.

Whenever possible, identify Indigenous Australians in as specific a manner as they are comfortable with—i.e. by people/nation or language group, in preference to more general terms. However, generalised terms, such as ‘Aboriginal’, should be used if an individual does not wish to be identified in a more specific manner. The term used should be selected on the basis of self-identification by individuals and their immediate families. While the opportunity to be identified using a more local term should be offered, when an individual identifies using a general term, use that term.

‘Aboriginal’ is the most accepted general term when reporting to a national audience. However, the use of the word ‘Indigenous’ in a national sense, can be used for ‘Aboriginal or Torres Strait Islander’, or either group singularly.

‘Aboriginal Australian’ should be used as the noun and ‘Aboriginal’ as the adjective. Do not use the word ‘Aborigine’, as it offends many Indigenous Australians.

When written, Aboriginal and Indigenous should always be dignified with a capital ‘A’ and ‘I’. Aboriginal should never be abbreviated. Torres Strait Islander should be used in full and not shortened to ‘TSI’.

When reporting and discussing Indigenous issues, careful consideration should be given to avoiding language and images which reinforce or perpetuate negative stereotypes of Indigenous Australians and their culture.

Bereavement Practices

Bereavement practices of Indigenous Australians vary in different communities and regions. There is often sensitivity to seeing and hearing the name, image or voice of Indigenous people who have died. The naming and depiction of recently deceased people is often prohibited under customary law and the mourning period may last for weeks, months or years. There may also be a preferred way of referring to the deceased person.

It’s important for content makers to verify and, where appropriate, observe local practices in content about recently deceased Indigenous people.

The most reliable source for advice on local practice and how to refer to the deceased person is the family of the deceased, or the elders of the deceased’s Indigenous community.

Following the appropriate cultural practice can be most challenging in the fast-paced news environment of reporting and discussing the recent death of an Indigenous identity. In many cases, notification of the death may come from the person’s family in a statement which includes advice to media on how to refer to the deceased person.

If the appropriate local practice cannot be ascertained through appropriate channels within content deadlines, it’s best to adopt a conservative approach and not use the first name, image or voice of the deceased. A possible alternative is to refer to them by way of their work or achievement, for example, ‘the lead singer of Yothu Yindi’ or ‘head of the X Lands Council’.

Audience Advice/Warnings

Warnings alert Indigenous Australians to material that may contain the image, voice or name of an Indigenous Australian who has died and enable them to choose whether or not they access the material.

Where footage, images or sound recordings of deceased Indigenous Australians are used, suitable warnings must be given at the beginning of the content.

Advice must also be provided to audiences at the beginning or in the introduction of content if:

the name or images of the deceased are not being used in order to meet local cultural practices; or

permission has been granted by the appropriate source to use the name, image or other depiction of a deceased person.

Standard wording should be used across ABC services when warning Indigenous audiences of the content to follow. Two versions are provided below to cover the majority of situations. The wording is suitable for audio, visual or text and requires only slight modification to suit relevant distribution platforms.

Aboriginal and Torres Strait Islander [viewers, listeners, readers] are advised that the following program may contain images and voices of people who have died.

This warning should be used when it cannot be clearly established that an Indigenous Australian featured in the content is living.

It should also be used when archival material containing names, images, songs, voices or recordings of Indigenous Australians is featured in the content.

Aboriginal and Torres Strait Islander [viewers, listeners, readers] are advised that the following program contains images and voices of people who have died.

This warning should be used when content is known to feature a deceased Indigenous Australian.

Other variations should not be used unless there are special circumstances, for example advice tailored to a specific community’s needs/request.

Online Content

Many Indigenous Australians will appear online in content published during their lifetime. The persistent nature of the online medium presents particular problems when honouring bereavement practices that require the removal of the image, voice and first name of the deceased.

As a general rule, the ABC does not remove published content, and requires a compelling reason to do so. This is to preserve the integrity of the ABC archive as a public record, and applies particularly to News and other factual content. Further information can be found within the Guidance Note on Removing Online Content.

However, this does not mean that the ABC will not consider requests to honour Indigenous bereavement protocols or examine what may be done within technical constraints. ABC staff who receive requests, or become aware of circumstances where a decision may be required, should approach the Director or authorised senior person within the relevant Division.

When notified by a community of the passing of an individual, the ABC should make all reasonable efforts to attach the second warning (listed in the previous section) to published pages referring to that individual. It is acknowledged that identifying and attaching such warnings to pages across the breadth of ABC sites may not be practical, particularly in the case of prominent individuals.

Should online content published during the lifetime of an Indigenous Australian be drawn upon for stories following their death, the second warning above should be used for any new content.

In circumstances where negotiations by ABC content makers have included an undertaking for the future removal of references to an individual upon notification of their passing, those undertakings will be honoured.

Other Cultural Practices

There are other cultural practices which, while they should not necessarily inhibit reporting, should be handled with appropriate care. For example, when reporting on events such as initiations, sorry business and ceremonies, it is important to consult with relevant communities.

It is important to be aware that many ceremonial events, including initiations, will have custodians who are responsible for the knowledge and traditions bound up in those events. When reporting on such ceremonies, it is important to identify and approach the relevant custodians, as others may not be permitted to comment on the matter.

Content makers and editorial managers should assess the risk of causing offence and harm when a male staff member is required to report on women’s cultural practices/business or a female staff member is required to report on men’s culture practices/business.

It may also be appropriate to provide suitable warnings at the beginning of the content.

Permissions will usually be required to access Indigenous lands, communities and sacred sites and to record or film in these locations. Advice on how to go about researching, interviewing, writing, publishing and recording/filming Indigenous persons, places and material with respect for Indigenous cultural and intellectual property can be found via the list of useful resources below.

DEFINITIONS

An Indigenous Australian refers to the Aboriginal peoples and Torres Strait Islanders of Australia.

An Indigenous Australian is defined as a person who is a descendant of an Indigenous inhabitant of Australia, identifies as an Aboriginal person or a Torres Strait Islander and is recognised as such by the community in which the person lives.

There should be no assumptions that people are Indigenous because of their appearance or because of the nature of their work or their support for an Indigenous cause.

RESOURCES

There are many useful resources that inform and advise on Aboriginal and Torres Strait Islander cultural practices which also cover other areas such as Cultural and Intellectual Property Rights and Attribution and Moral Rights.

Staff should seek advice and involvement from relevant Indigenous sources as appropriate.

INTERNAL Resources

ABC Policy on Indigenous Cultural Protocols at ABC Events

ABC Editorial Policies and in particular, the Guidance note on Harm and Offence

ABC Television Indigenous Viewer Advice

ABC Rights Management for advice on cultural and artistic rights issues and on use of Aboriginal or Torres Strait Islander flags

The ABC’s Bonner Committee.

The Manager, Indigenous Employment and Diversity.

EXTERNAL Resources

Screen Australia’s Pathways & Protocols (a film-makers guide to working with Indigenous people, culture and concepts) contains extremely useful guidance and advice.

Status of Guidance Note

This Guidance Note, authorised by the Managing Director, is provided to assist interpretation of the Editorial Policies to which the Guidance Note relates. The Editorial Policies contain the standards enforceable under the ABC’s internal management processes and under the ABC’s complaints handling procedures.

It is expected the advice contained in Guidance Notes will normally be followed. In a given situation there may be good reasons to depart from the advice. This is permissible so long as the standards of the Editorial Policies are met. In such situations, the matter should ordinarily be referred upwards. Any mandatory referrals specified in Guidance Notes must be complied with.

[1] https://www.screenaustralia.gov.au/about-us/doing-business-with-us/indigenous-content/indigenous-protocols