ABC says ACMA finding will have 'chilling effect' on journalism

The ABC boss has rejected an Australian media watchdog finding that the public broadcaster breached impartiality obligations in a Four Corners program about the redevelopment of the Australian War Memorial.The Australian Communications and Media Authority (ACMA) said in a statement on Thursday it had found the program's March 2025 episode Sacrifice to have "unduly favoured one perspective".ABC managing director Hugh Marks has rejected those findings."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," he said in a statement.The episode in question set out to examine concerns about the renovation and extension of the Australian War Memorial. (Four Corners: Nick Wiggins)The regulator said it found the episode did not adequately explain the findings of an Australian National Audit Office audit, and conflated stages of the memorial's redevelopment, "which was likely to leave viewers confused".ACMA chair Nerida O'Loughlin said while the regulator found the episode did not breach accuracy requirements, Four Corners was still required to comply with impartiality obligations under the ABC code of practice."The ABC must present contentious issues with due impartiality and provide audiences with sufficient context," Ms O'Loughlin said."We found that the cumulative effect of the program's framing, its use of strong and emotive language and its selection and differing treatment of interviewees unduly favoured critics of the redevelopment."In its formal response to the ACMA investigation on August 21, the ABC said the regulator's finding "misinterprets the policies governing ABC content, misrepresents the tone and tenor of the program and creates a standard and interpretation of impartiality that is unprecedented and unworkable"."It unfairly impugns the integrity of reporter Mark Willacy, one of Australia's most experienced and highly regarded journalists, and fails to acknowledge the efforts made by the program team to ensure impartiality," the response said."[The ACMA finding] could restrain journalists in questioning public officials, seeking explanations and clarifying points of public importance."It could also impose false balance on investigative reporting. Such an outcome would be contrary to the public interest in general and public interest journalism in particular."The ABC said Mark Willacy's integrity had been unfairly impugned. (AAP: Nikki Short)The Sacrifice episode set out to examine concerns raised about the multi-million-dollar renovation and extension of the Australian War Memorial and to seek responses from the people responsible for the project, the ABC's response said."This is the essence of public interest and accountability journalism," the ABC said."From the outset, and prior to any filming, Four Corners engaged with the AWM in good faith face-to-face meetings."All issues that featured in the final story were put on the agenda at those meetings."The ABC says it "stands behind the team" that created the episode and told the ACMA it does not propose to remove it from the iview website.The ABC's Ombudsman Office investigated the episode in March last year and found it did not breach the broadcaster's accuracy, impartiality or fair and honest dealing editorial standards.Ms O'Loughlin said it was "disappointing that the ABC chooses to regularly dispute the findings of the regulator".In his statement, Mr Marks said the ABC "respects the important role the Australian Communications and Media Authority plays in guiding and regulating the broadcast media industry"."The ABC is committed to constructively engaging with ACMA and has overwhelmingly accepted its rulings and acted on them in the past," the statement said.The last time the ABC rejected an ACMA finding was in 2022 after concerns were raised about the Four Corners episode, Fox and the Big Lie.The latest ACMA finding marks the second time this year the regulator has decided a Four Corners program breached the ABC code of practice.In March, the regulator published a separate finding that the 2023 Water Grab episode also breached accuracy and impartiality obligations.