Volume 2: Issue 11

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In this issue:  Executive Director Sarah Bauer reflects on a busy fall, Kate Myers gives an update on complaints received by the News Council, read advice to journalists about letters to the editor by Council member Jim Pumarlo, and Erika Roland gives an update from the Development Office. 

You can view Newsworthy Online by clicking here.

The Minnesota News Council received 20 complaints during September, November and the beginning of December.  The majority of those complaints were general complaints, commenting on issues of fairness, accuracy and balance in regards to political coverage.

A sample of the issues encountered follows (the complaint record number is parentheses):

Election-related:
                (1) One complainant felt a local newspaper was biased in printing photos of candidates and their biographies, complainant felt some candidates may have been left out. (1823)
                (2) Another complainant was concerned about the “lipstick on a pig” controversy and the representation of the issue by the local broadcast media. (1825)
                (3) Two individuals complained about inaccuracies and misrepresentation in a local newspaper’s coverage of events during the Republican National Convention. (1827)(1828)            
                (4) One complainant voiced concern about a fee to print letters to the editor which included commentary on political issues. (1831)
                (5) Another individual complained about coverage of Michele Bachmann in an opinion column, alleging the column was “inappropriate” and lacking balance. (1834)
                (6) One reader questioned the fairness of a local paper’s policy of not printing election material a certain number of days before the election. (1835)
                (7) In a complaint about a local news blog, one complainant alleged that a comment made in the “comment” section by the blogger was “inappropriate.” (1836)

School/University-related:
                (1) One complainant felt that a letter to the editor unfairly criticized the views of a local professor. (1826)

“Business as usual”:

(1)    One individual complained about an anonymous column in a small-town newspaper. (1830)

(2)    Another complainant alleged that a local journalist had been “inaccurate” and “misleading” regarding coverage of an important local issue of healthcare. (1833)

(3)    One individual complained about a local broadcast news station’s prediction regarding the drop in price of gasoline throughout the Metro area.  (1837)

(4)    An anonymous individual complained about the conflict of interest of reporter covering a trial in which the reporter had a special interest. (1839)

(5)    Another individual complained about a news story written by the newspaper’s managing editor which, the individual alleges, the editor was biased. (1840)

(6)    One individual complained that a local news paper had printed the names of two individuals accused of performing “illicit acts.” The individual stated that it was inappropriate for the newspaper to release the names.

BY MARY TURCK , TC DAILY PLANET

The first annual Ethnic and Community Media Awards packed the Black Forest Inn banquet room December 5, in an event co-sponsored by New America Media and the Twin Cities Media Alliance. Matthew Little, Lauretta Dawolo Towns, Anne Holzman, David Zander, and Anna Pratt took top honors. The Minnesota Spokesman-Recorderwas the leading publication of the evening, with top articles in three categories, but overall the entries and winners represented the diversity of Minnesota media.

Anthony Advincula (New America Media-San Francisco) and Sarah Bauer (Minnesota News Council) presented the awards. Top winners in each category are automatically nominated for New America Media’s National Ethnic Media awards, which will be presented on June 4, 2009, in Atlanta, Georgia. More »

All complaints received by the News Council (whether via the online submission form, phone call, mail, fax or e-mail) are logged in the complaints records.  Council staff immediately determines if the complaint is a “general complaint” or a “personal complaint.”

General Complaints

When a general complaint is filed, News Council staff will log the complaint in the complaints records and forward the complaint to the news outlet asking it to respond to their reader/viewer/listener’s concerns.  If a news outlet has not responded to a general complaint within 15 days, the complaint is automatically closed in the News Council’s records.  News Council staff will notify both parties of the complaint closure and the description of the complaint as it will be publicly reported by MNC.

General complaints and responses to them will be reported without naming the complainant or news outlet, in News Council publications.  News Council staff also will report on the substance and trends in general complaints.  Complainants who file general complaints are not eligible for a public hearing. 

Personal Complaints

News Council staff will ask if the complainant has had any contact with the news outlet regarding the complaint.  If not, News Council staff will give the complainant the name of the person they should contact at the news outlet.  Complaints will not move forward until a complainant has informed the News Council that they have written or called the news outlet in a good-faith effort to resolve the dispute.   

If a complainant is not able to reach an independent solution with the news organization, Council staff will ask the complainant to provide copies of all previous correspondence, copies or tapes of the story in question, and a letter explaining the complaints and attempts at resolution.

News Council staff will send the complainant a copy of the News Council’s complaint policies and a waiver-of-libel form. 

The News Council requires the complainant to agree not to sue the news outlet of the story in question if their complaint is heard at a public hearing, regardless of the outcome.  This waiver applies only to the story in question.  If the complainant is considering a lawsuit, we advise him or her to consult an attorney before deciding to use the News Council.  Since the News Council was founded in 1970, no complainant has ever brought suit against a news outlet after having received a public hearing.

Upon receipt of this waiver form, staff will review the complaint to determine if it raises an addressable issue.  The Complaints Committee may assist in this process if staff is uncertain.  All third-party complaints, which generally refers to complaints filed by interested groups not directly named in a news story, go to the Complaints Committee for review.

Criteria for Addressable Complaints

The News Council has the following criteria for accepting complaints into its public hearing process:

1.       The party bringing the complaint must have been named or clearly alluded to in the story.  If a corporation or group is the named party, a responsible person – officer, board member, family member – can act as the complainant.

2.       Complaints must address alleged breaches of journalistic fairness, accuracy or ethics of a published or broadcast news story or editorial.  Complainants are asked to review the Society of Professional Journalists’ Code of Ethics, or the news outlet’s own code, and to select which tenets of the code they believe apply to their complaint. 

3.       The News Council does not accept complaints about non-coverage, business decisions, circulation or advertising. 

4.       Complaints about letters to the editor are generally not accepted, but may be reviewed by the complaints committee and will be accepted at its discretion.

5.       Complaints about editorials or columns must address factual errors or a reckless disregard for the truth.  Simply disagreeing with the opinion, or being offended by it, does not constitute a legitimate complaint.

6.       The story must have appeared no more than six months before the news organization receives notice of the complaint from either the complainant or the News Council.  A complaint received after that will be allowed to proceed only if the complainant has been actively trying to resolve his or her differences with the news outlet during that period.

7.       The News Council does not accept complaints of current or past employees of news outlets about the employee-employer relationship, unless that relationship becomes the subject of news coverage and the complaint meets the news Council’s standard acceptance criteria.

8.       The News Council considers complaints against news organizations – television and radio stations, newspapers, magazines, wire services and online news outlets, including independent news blogs and blogs affiliated with news organizations.  It does not consider complaints against publications or broadcasts that do not purport to be “news.”

9.       The News Council reserves the right to reject complaints that fall outside its scope of review, that fail to comply with its procedures, or that are frivolous or made in bad faith.

10.   If at any point during the processing of a complaint, information is received that the complaint does not meet the News Council’s criteria, the complaint will be dismissed.

Appeal Process

If the complaint does not meet the News Council’s criteria staff will send the complainant a letter explaining the reasons for rejection and the procedure for appealing to the Complaints Committee.  If the complaint received its initial consideration by the Complaints Committee, the appeal will be directed to the Executive Committee.  Please note that personal complaints rejected for consideration at a public hearing can still be forwarded to the news outlet as a general complaint. 

• Situations in Which an Appeal May Be Made

1.       If News Council staff rejects a complaint, the complainant may appeal to the Complaints Committee.

2.       If the staff accepts a complaint that the news organization believes should not be accepted, the news organization may appeal to the Complaints Committee.

3.       If the Complaints Committee rejects or accepts a third-party complaint, the complainant(s) or news organization may appeal to the Executive Committee.

• The Appeal Process

1.       The appealing party will write a letter stating why the complaint should be accepted or rejected.  The letter should be sent to the News Council office, which will forward it to the appropriate committee members.

2.       Staff may ask the opposing party to submit a response.

3.       The committee may invite the parties to meet with the committee in person to present their positions.

4.       The committee will consider the appeal and will accept or decline the complaint on a simple majority vote.  The committee will inform the parties of its decision.

• Other Options
  In some instances, a complaint that does not meet the criteria for a public hearing may present an opportunity for a fruitful dialogue in a public or private forum, as determined by the Complaints Committee or staff.

1.       A private forum is a meeting between one (or more) complainants and one or more news outlets about a specific complaint that may not be of interest to the general public.

Examples:

-       The Council facilitated a private forum between news executives and school administrators from several districts to discuss the behavior of reporters and photographers on school property, and  guidelines for interviewing minors.

-       The Council facilitated a forum between news executives and police to discuss ways to improve cooperation between the two groups.

2.       A public forum will be considered if the concerns being raised are of interest to the general public, involve a large group of people and a large number of media organizations, and raise questions about common journalistic practices.

Example:

-       Several people told the Council they were concerned about how journalists describe individuals in their community or issues in their field of interest — disability, adoption, suicide prevention. While their specific complaints differed, they all raised questions about word usage. The Council sponsored a forum for the general public where people could talk to reporters from many media outlets about word choices.

If the complaint is accepted as an addressable complaint, it moves into Phase Two.  Addressable complaints are subject to the following timelines (in business days):

Timetable

1.       Day One
Within 48 hours of the Council accepting the addressable complaint, the complainant and news outlet are informed that a) an addressable complaint has been filed and b) unless the parties report the complaint as resolved within 30 days, a hearing will be scheduled for the next available hearing date to be indentified at this time.

The news outlet is asked to respond to the complainant within 10 days, with a copy to the News Council.  A copy of the complaint and signed waiver, and a copy of the News Council’s procedures are sent to the news outlet.

2.       Day 10
Staff asks both parties if they have made any progress in resolving the complaint, remind them of the 30-day deadline, and expresses hope they can come to a resolution. 

3.       Day 20
Staff asks both parties if they have made any further progress in resolving the complaint, reminds them of the 30-day deadline, expresses hope that they can come to a resolution, and reminds them that if a resolution is not reached a hearing will be scheduled.

4.       Day 30
Staff asks if the complainant is satisfied with the news outlet’s proposed resolution to the complaint (if applicable). 

1. If yes, staff closes the case and records it as resolved.
2. If no*, staff: Confirms the next available hearing date, asks both parties to submit final written statements that include any new information obtained or reached during the process of trying to resolve the complaint, and makes arrangements for the hearing.

*Parties may continue to try to resolve the complaint prior to a hearing, but if they do not reach a resolution before the day of the hearing, the hearing will proceed.

At Day 30, Council staff will remind both parties of the scheduled date of the hearing and ask for any additional materials they wish to submit.  Each party is asked to limit their submissions to 25 pages or less.  The Complaints Committee will review the submitted materials and will phrase the question(s) for the Council to vote on. 

Staff will provide each party with a complete packet of information.  Material may be submitted after the initial packet has been sent, only if it was not previously available and is essential to the case.  Otherwise, late material will not be accepted.

Wording of the Complaint

The Complaints Committee, with the assistance of the Executive Director and the complainant, decides on the final wording for the question(s) that represent the issues contained in the complaint that will be voted upon.

The question will state the complaint clearly and specifically, identifying which actions by the news outlet allegedly violated standards of fairness and journalism ethics.

Final wording of the question(s) will be approved by the complainant and submitted to the news organization, at least two weeks prior to the hearing.

Complaint Materials

The following materials will be included in the final complaint package:

A.      Original statement of complaint on complaint form

B.      Signed waiver form

C.      Letter of response or summary of response from the news outlet

D.      Published story or stories (audio or video, if relevant)

E.       Supporting documents from complainant and news outlet

F.       Final statement of complaint (if supplemental to C)

G.     Final statement of response (if supplemental to D)

H.      Prior News Council determinations on similar cases for informational purposes

Staff will inform both parties about hearing procedures, will answer any questions and will provide biographies of News Council members.

Who may appear at a hearing?

1.       The complainant:

·         The complainant may request that the complaint be heard on the basis of submitted written materials, although this is unusual.

·         In some instances, the complainant may assign a representative.  Reasons might include:  the complainant is a minor, seriously ill, or incarcerated.  The representative must be approved by the Complaints Committee.  Attorneys are not allowed to represent complainants at a hearing.

2.       The news outlet:

·         The news outlet decides which employee(s) shall participate in a hearing.  If a news outlet chooses not to attend, the hearing will proceed anyway, with no prejudice against the news outlet.  Attorneys are not allowed to represent news outlets at a hearing.

3.       Special witnesses:

·         If technical or specialized questions are likely to arise during the hearing, the Complaints Committee may decide that a neutral expert witness should be available to clarify issues.  The complaint and news outlet may also bring witnesses.  Witnesses must be identified to the Council staff at least one day prior to the hearing. 

Scheduling of a Hearing

The News Council’s hearing schedule is set in December of the preceding year.  As a rule, this is the schedule:

                February, April, June August, October                    3^rd Thursday of the month

                December                                                               1^st or 2^nd Thursday

Hearings are generally held over the noon hour, beginning at 12:15 p.m., but may be held at other times, if necessary.  On “Day One” of the complaint process, the parties are informed of the next likely hearing date.  Hearing dates will be strictly adhered to unless rescheduling is necessary to accommodate extraordinary circumstances.

Location of a Hearing

Most hearings take place in the Twin Cities.  Locations are chosen for reasons of space, parking, handicapped accessibility, and availability of audio/video facilities if they are needed.  If either party needs special accommodations or services please notify the Council staff in advance. 

When both parties live more than two hours outside the Twin Cities, the Council may conduct a hearing in their city with a subset of Council member (6-12) or by videoconference.

Publicity before a Hearing

News Council hearings are open to the public.  A news release announcing the hearing and providing brief background information is sent two days before the hearing to all major news outlets, wire service, news outlets near the community in which the dispute has arisen, and to the two parties.

Council staff may provide additional information to media on request.  Media with audio-visual needs are asked to call in advance so staff can make arrangements.

Council members must arrive prior to the start of a hearing.  If a Council member arrives after opening statements have begun, that member will not participate in the hearing.  Members may not vote before the hearing ends. 

There must be 15 or more members present for the Council to conduct a hearing (a minimum of six if the Council is traveling outside the Twin Cities).  Additionally, there must be an approximate balance of public and media members (not more than 60-40 either way).  If the Council cannot meet these two criteria, it may call upon former Council members of the type (media or public) needed to fill out the roster. 

Seating

1.       The complainant, respondent and any witnesses will sit at separate tables in the front of the room. 

2.       Council members sit facing the parties.  The hearing chairman sits in the center of the parties, with the Executive Director to his or her left.  Neither votes.  Council staff takes minutes of the hearing as a basis for the final written determination.

3.       Visitors (including reporters) sit at the back or side of the room.  Seating is usually limited and will be first-come, first-served.  Videographers or sound technicians should arrive 30 minutes prior to the hearing to set up equipment.  They are not allowed into the center of the U during the hearing and must remain unobtrusive.

Order of the Hearing 

1.       The Chairman convenes the hearing, introduces the parties, reviews the procedures, and states the question(s) to be placed before the hearing body for a decision.

2.       Video or audio presentation, if relevant

3.       Complainant states position in 10 minutes or fewer.  This period includes statements by witnesses.

4.       News outlet responds to complaint in 10 minutes or fewer.  This period includes statements by witnesses.

5.       Complainant may rebut statements of news organization in five minutes or less.

6.       News outlet may rebut statements of complainant in five minutes or less.

7.       News Council asks questions of both parties.  The chairperson will maintain order of questions and will close questioning.

8.       News Council members deliberate among themselves.  There will be no questioning of the parties during this phase unless additional information is needed for clarity.  If so, the chairperson will authorize a further question.

9.       Recess for reconsideration of the question.  Both parties may request a brief recess to reconsider their position.

-The news outlet may eliminate question(s) from the voting by acknowledging the merit of one or more of the complaints.  If the news outlet agrees with the entire complaint, there will be no vote, but simply a Council affirmation of the news outlet’s admission.

-The complainant may drop all or a portion of his or her complaint based on what he or she has learned at the hearing.

10.   Resumption of the deliberation if Council members feel they need further time to consider.

11.   Complainant may make a closing statement of approximately two minutes.  If the complainant feels significant errors have been introduced into the discussion during the deliberation, this is a time to correct them.

12.   News outlet may make a closing statement of approximately two minutes.  If the news outlet feels significant errors have been introduced into the discussion during the deliberation, this is the time to correct them.

13.   Council votes with individual, signed, written ballots.  Council staff collects ballots, and Executive Director counts them and announces the final vote.  Council members may vote to uphold or deny the complaint, or they may abstain.  A simple majority of the votes cast to uphold or deny will prevail.  A tie vote means the complaint has not been upheld.  The vote of each member is public information included in the written determination.  The vote announced at the end of the hearing is final.  

Evaluation 

The Council is interested in improving its procedures and hearings and seeks feedback from participants to help us to do so.  News Council staff will send both parties an evaluation form a week after the hearing.

Publicity

Immediately following a public hearing, the Executive Director will prepare a news release.  The release is first approved by the Council chairman, and then released to the complainant, the respondent news outlet, the Minnesota Newspaper Association and to all major news outlets in the state.  The news release will also be posted to the News Council Web site.

A final, formal determination is prepared by Council staff.  It contains relevant background, a summary of the complaint, response and the exact wording of the hearing question(s) as well as highlights from the hearing and the final vote.  Council members may submit dissenting or supporting opinions to the determination as well; the document is then posted to the Web site.

If the two parties reach resolution before a hearing, a brief description of the complaint and resolution will be reported in News Council’s newsletter.   The parties may agree that their names and identifying information will be removed from the reportable record – if they do not, the names will be reported.

The News Council has the following criteria for accepting complaints into its public hearing process:

1.       The party bringing the complaint must have been named or clearly alluded to in the story.  If a corporation or group is the named party, a responsible person – officer, board member, family member – can act as the complainant.

2.       Complaints must address alleged breaches of journalistic fairness, accuracy or ethics of a published or broadcast news story or editorial.  Complainants are asked to review the Society of Professional Journalists’ Code of Ethics, or the news outlet’s own code, and to select which tenets of the code they believe apply to their complaint.*

3.       The News Council does not accept complaints about non-coverage, business decisions, circulation or advertising. 

4.       Complaints about letters to the editor are generally not accepted, but may be reviewed by the complaints committee and will be accepted at its discretion.

5.       Complaints about editorials or columns must address factual errors or a reckless disregard for the truth.  Simply disagreeing with the opinion, or being offended by it, does not constitute a legitimate complaint.

6.       The story must have appeared no more than six months before the news organization receives notice of the complaint from either the complainant or the News Council.  A complaint received after that will be allowed to proceed only if the complainant has been actively trying to resolve his or her differences with the news outlet during that period.

7.       The News Council does not accept complaints of current or past employees of news outlets about the employee-employer relationship, unless that relationship becomes the subject of news coverage and the complaint meets the news Council’s standard acceptance criteria.

8.       The News Council considers complaints against news organizations – television and radio stations, newspapers, magazines, wire services and online news outlets, including independent news blogs and blogs affiliated with news organizations.  It does not consider complaints against publications or broadcasts that do not purport to be “news.”

9.       The News Council reserves the right to reject complaints that fall outside its scope of review, that fail to comply with its procedures, or that are frivolous or made in bad faith.

10.   If at any point during the processing of a complaint, information is received that the complaint does not meet the News Council’s criteria, the complaint will be dismissed.

“General Complaint” – a complaint filed by an individual who is not named or clearly alluded to in the news report in question, but addresses alleged breaches of journalistic fairness, accuracy or ethics of any published or broadcast news story or editorial appearing in Minnesota.  Complainants with General Complaints are asked to review the Society of Professional Journalists’ Code of Ethics or the news outlet’s own ethics code and select which tenets of the code they believe apply to their complaint.  General complaints are not subject to News Council public hearings, but are presented to news outlets for a response, and are publicly reported in general terms as to the issues, but not the parties involved.