ABC launches attack on broadcasting regulator ACMA after being hit with multiple code breaches

The ABC has launched an extraordinary attack on the independent broadcasting regulator ACMA after being hit with multiple code breaches for misleading viewers in a discredited Four Corners program.

Media regulator ACMA ruled this morning that the ABC misled its viewers and breached its own code in a scathing 60-page investigation into the Four Corners report “Fox and the Big Lie”, which was hosted by its star reporter Sarah Ferguson.

In response to the 12-month investigation by the Australian Communications and Media Authority, the ABC today said it was “deeply concerned” at the findings and accused ACMA of misinterpreting the ABC’s Code of Practice.

“The ABC has considered the findings and has serious concerns that the ACMA’s interpretation of the ABC’s Code of Practice will have negative consequences for the future production of strong public interest journalism,” the statement said.

“The ABC believes that some subjective elements of the ACMA report and media release are inconsistent with the established approach to accuracy and fairness under the Code and may place undue pressure on content makers when selecting an editorial focus, for fear of a potential breach.  

“The ABC further believes this contradicts the express direction in the Code, that the standards are to be applied in ways that ‘do not unduly constrain journalistic enquiry’.

“The ABC is also deeply concerned at the ACMA’s subjective characterisation of the program, and whether this aligns with its statutory role to review compliance with the ABC Code of Practice.”

Liberal Senator James McGrath criticised the way the ABC responded to the independent regulator, telling Sky News Australia the statement was inappropriate. 

“The ABC have been caught out red-handed by the media regulator and are now crying like a bunch of sooks,” Mr McGrath said.

“The ABC should admit their mistakes instead of blaming others for their failures.”

In response to the ACMA ruling, the ABC also published a statement from ABC Director of News Justin Stevens who wrote: “The ABC strongly disagrees that the program is not impartial”.

“Fox and the Big Lie was a strong and measured piece of public interest journalism and a world class report by Sarah Ferguson and the team,” he said.

“This was a comprehensive investigation analysing the role Fox News played in helping promulgate the ‘big lie’ – that the 2020 US Presidential election was stolen. It is as relevant now as it was when it was first broadcast.

“It is important the public does not lose faith in the democratic process of free and fair elections and journalism like this plays a key part in that.  This was an outstanding two-part documentary and we stand by the journalism in the program.”

However, even though the ABC has publicly rejected the independent regulator’s findings, ACMA’s ruling still stands.

The 12-month investigation by the Australian Communications and Media Authority (ACMA) into the two-part series and Ferguson, who has taken over hosting duties on the ABC’s flagship 7:30 program, concluded the report was “materially misleading”.

ACMA found the program breached multiple standards of the ABC’s 2019 Code of Practice

ACMA even ruled the ABC came close to reaching the high bar set for breaking the code’s impartiality standards.

The Four Corners investigation, which attempted to draw links between Fox News and the January 6 Capitol Riots, was found to have misled viewers by deliberately omitting relevant information.

In one instance, the public broadcaster highlighted how two Fox News presenters attended a 2018 rally for then-president Donald Trump.

But the program did not mention the fact the pair were publicly reprimanded by the broadcaster.

“This omission left it open to viewers to conclude that Fox News had either endorsed or at least did not object to the appearances,” ACMA said in a statement.

The watchdog also noted that the program failed to note the significant role social media played in the January 6 riots.

The two examples led the watchdog to determine the ABC had twice breached standard 2.2 of the ABC code.

ACMA chair Nerida O’Loughlin said the public broadcaster’s omission of key details failed to properly inform the viewers.

“By omitting key information, the ABC did not give its audience the opportunity to make up their own minds about Fox News,” Ms O’Loughlin said.

The ABC heralded the program’s accuracy in part due to its on-camera interviews with Fox News staff and claimed that it provided the organisation with a “detailed outline” of the program in a scathing statement in August last year.

However, ACMA found Four Corners breached another standard of its code by failing to inform a Fox News host about the “nature of her participation” which breached another standard (5.1) of the ABC’s code.

In a submission to ACMA, Fox News argued an impromptu interview with Jeanine Pirro was an “ambush”.

In its defence, the ABC said there was no editorial requirement to inform Ms Pirro as she had “ignored the reporter’s polite questions”.

“The decision to include the footage of her being approached for comment meant the ABC turned her into a participant in ABC content,” ACMA said in its rebuke of the ABC’s argument.

Ms O’Loughlin said the ABC had to provide viewers as well as those involved in production a full representation of the program’s content.

“Both audiences and participants are entitled to the full picture. In this case, by omitting information the ABC did not do justice to the story or provide all relevant facts to its audience,” Ms O’Loughlin said.

ACMA’s findings come in contrast to the public broadcaster’s unusually inflammatory defence of the program last year.

“News Corp not liking a story does not mean the story is biased or inaccurate,” it said in a statement.

“The story was rigorously tested against the ABC’s Editorial Policies and the ABC stands by it.”

It is the latest breach after a horror year for the ABC which started with adverse findings in November for breaching the privacy of an Australian for showing their online dating profile including their age, face and first name.

Ms O’Loughlin released a statement at the time saying: “there was no justifiable reason to identify the person and the ABC did not undertake adequate measures to ensure their privacy”.

And just one week later the ABC was in strife again with the regulator for an accuracy breach related to three radio broadcasts which alleged Victoria’s drinking water was at risk due to logging breaches.

Ms O’Loughlin released another scathing statement after that breach which found the ABC “let down its audience”.

“When we assessed the factual material presented in the ABC news reports we found they did not meet the standards expected of it as a public broadcaster,” Ms O’Loughlin said.

“The assertion that the OCR had found a significant risk to Melbourne’s drinking supply exaggerated the impact and seriousness of the breaches found by the OCR. This could have raised considerable concerns for the ABC’s audiences about such a critical issue as water quality.

“The ABC attributed a perspective to the OCR that was not present in their published findings and in this regard has let down its audience.”