ABC rejects ACMA Four Corners ruling, warns of ‘chilling effect’

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The ABC has pushed back strongly against an ACMA finding that Four Corners breached impartiality rules, rejecting the regulator’s assessment of its War Memorial investigation.

The Australian Communications and Media Authority (ACMA) handed down its findings today, concluding that the program’s approach unduly favoured critics of the redevelopment and failed to provide sufficient context.

The finding relates to the 10 March 2025 episode Sacrifice, which examined the controversial redevelopment of the Australian War Memorial, with the ACMA taking around 18 months to hand down its findings.

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The regulator found the program’s treatment of an Australian National Audit Office report did not adequately explain its findings, instead predominantly focusing on its deficiencies.

ACMA also found the program conflated different stages of the redevelopment’s consultation process, which it said was likely to leave viewers confused about the accuracy of claims made by the Memorial’s director.

It also took issue with the program’s use of strong and emotive language, along with its selection and differing treatment of interviewees.

ACMA Chair Nerida O’Loughlin has criticised Four Corners over its impartiality in the War Memorial investigation (image – supplied)

ACMA Chair Nerida O’Loughlin said investigative journalism can take a variety of approaches, but the ABC must still meet its impartiality obligations under its Code of Practice.

“Investigative journalism plays an important role in scrutinising matters in the public interest. However, the ABC must present contentious issues with due impartiality and provide audiences with sufficient context,” O’Loughlin said.

The ABC, however, has rejected the finding, saying it accepts the ACMA’s conclusion that Sacrifice was accurate but disagrees that the program breached impartiality requirements.

The broadcaster described the ACMA’s interpretation of impartiality as “unworkable”, arguing it imposes “false balance” on public interest reporting and fails to distinguish between explanatory and accountability interviews.

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The ABC also said the finding “unfairly impugns the integrity of the reporter” and does not acknowledge the efforts made by the program team to ensure impartiality.

ABC Managing Director Hugh Marks has rejected the ACMA’s finding against Four Corners (image – ABC)

ABC Managing Director Hugh Marks said the broadcaster respects the ACMA’s role and has “overwhelmingly accepted” its rulings in the past, but said it could not accept this particular finding.

“If this interpretation of the Code is applied, including more widely across the industry, it could have a chilling effect on the body of investigative journalism that delivers the important stories that serve the public interest,” Marks said.

The finding marks the second time this year that the ACMA has found a Four Corners program breached the ABC Code of Practice.

In March, the regulator found the 2024 episode Water Grab breached both the accuracy and impartiality requirements of the Code.

The latest finding does not relate to accuracy, with the regulator finding Sacrifice did not breach the Code’s accuracy requirements over its use of Last Post audio alongside footage and sounds of construction work.

The ACMA is now considering whether to exercise any formal regulatory response to the breaches.

Under broadcasting legislation, the regulator can recommend that the ABC take remedial action but cannot compel the public broadcaster to do so.

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Kyle Laidlaw
Kyle Laidlaw
Co-Owner and News Editor at TV Blackbox, Kyle Laidlaw is an avid media enthusiast with over 10 years of experience. Kyle regularly follows all things TV related, both in Australia and overseas with a particular interest in local free-to-air scheduling and new show commissions.
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