GUIDANCE NOTE FOR CODE 5.1 (B)(II) - DUE IMPARTIALITY FOR NEWS CONTENT
While the Codes require all factual material to be presented accurately, there is an additional standard for “News Content”: it must be presented with “due impartiality”.
“News content” is defined as above in Code 5(b)(ii), which applies only to the named categories and does not apply to, for example, general interest, current affairs or opinion-based programs.
“Impartiality” generally means providing an objective view of the facts and perspectives in a news story. This may include clearly separating opinions from facts, so that the foundations of the stories covered in News Content can be easily understood by audiences.
“Due” is an important qualification which means that material should be presented in a way that is appropriate to the content and context of the particular broadcast of News Content. Each story needs to be considered in its own circumstances, including the nature of the content, the type of program, its intended audience, how contentious the issues are and the range or diversity of informed perspectives on contentious issues.
While in many cases, it will be appropriate to broadcast a range of perspectives on an issue, “due impartiality” does not mean every view has to be given equal time or every argument or fact has to be represented.
For News Content involving facts that are not contested, the station may apply “due impartiality” to allow greater focus on perspectives that are most relevant or of interest to the intended audience. For example, a First Nations station covering the destruction of a sacred site may choose to focus primarily on the impact of the event on the First Nations community.
Where News Content is highly contentious, “due impartiality” will require the station to take special care to ensure that the news story represents a diversity of relevant or authoritative perspectives. For example, when covering significant, complex or fast-moving geo-political conflicts which affect different parts of the Australian community:
If there is significant authoritative evidence supporting an issue (for example, in a public emergency), the perspectives of respected sources and prevailing consensus should be given greater prominence, weight and time. Due impartiality does not require stations to air questionable facts or marginal or unsubstantiated opinions.
Given the potential for harm when broadcasting contentious material, stations making editorial decisions about what “due impartiality” means on a particular issue should be mindful of impact of what they put to air and the risk of inflaming prejudice towards or abuse of particular communities or their members. See also the guidance for Code 5.1(f).
The ACMA also publishes the outcomes of investigations into Code breaches by broadcasters and these may cover similar concepts. The investigations can be found here: https://www.acma.gov.au/broadcasting-compliance-and-investigations