25 November 1999

ABA disappointed by publication of extracts from draft closing submission

The Australian Broadcasting Authority is disappointed that selected extracts from the draft closing submission by Julian Burnside QC, counsel assisting the ABA in its 2UE hearing, were published in today’s Sydney Morning Herald.

"The ABA’s commercial radio inquiry is exploring matters of significant public interest," said Mr Michael Gordon Smith, Presiding Member at the 2UE hearing. "We have gone to considerable lengths to ensure procedural fairness to all parties involved. As part of that process, draft material was provided to the parties to the hearing for comment in advance of closing submissions next week. It is regrettable that extracts of this draft material were provided to the Sydney Morning Herald. It is also regrettable that the Sydney Morning Herald chose to publish those extracts."

"The ABA has made no decisions or findings in the 2UE hearing. It will not make any decisions or findings until all final submissions have been presented and considered," he said.

Closing submissions will resume on Thursday 2 December at 10.00 am in Court Room 1, 10th floor, 80 William St, East Sydney. The pay TV news channel, Sky News, will provide live coverage of the closing submissions on Thursday and Friday.

A copy of a letter sent yesterday to the Sydney Morning Herald from the ABA’s General Counsel, Mr John Corker, prior to the extracts being published, is attached.

Backgrounder

24 November 1999

Dear Anne

2UE Hearing

I refer to our phone conversation of this afternoon.

I understand that you have had read to you by someone parts of a draft of counsel assisting’s closing address to the 2UE hearing.

From what you have told me it is clear that what has been read to you is part of material provided to the affected participants for the purpose of the hearing and no other purpose.

It is unsatisfactory that such material has been improperly passed on.

In the ABA’s opinion it is inappropriate that such material be published prior to it being formally presented in public on 2 December 1999 where it can be considered in the context of closing addresses from other parties. It is unsatisfactory that particular excerpts from a draft be published one, where you may not have a perfect record of what was read to you and secondly, where the draft may change before it is finally presented. I can already advise that some changes have been made to the draft and no doubt further changes will be made before it is finally presented.

It is not as if this material is being withheld from the public. To the contrary. The public hearing will be addressed with the final form of this address next week.

I urge you to act in the public interest and wait for this material to become public in the hearing process. You will than be able to report it in full and in context and with the benefit of the qualified privilege against an action for defamation that the Broadcasting Services Act provides for.

Yours sincerely

John Corker

General Counsel

What we do l What's new l Search l Publications l Contact us l Home