The cash for comment affair was an Australian scandal that broke in 1999 concerning
paid advertising in radio that was presented to the audience in such a way as to sound like editorial commentary.
John Laws
Richard John Sinclair Laws CBE (born 8 August 1935) is a Papua New Guinean-born Australian radio announcer. For 50 years, until 2007, he was the host of an Australian morning radio program combining music with interviews, opinion, live advert ...
, a
shock jock
A shock jock is a radio broadcaster or DJ who entertains listeners and attracts attention using humor and/or melodramatic exaggeration that may offend some portion of the listening audience. The term is used pejoratively to describe provocative o ...
radio presenter for
Sydney talk back, was accused of misusing his authority as an announcer.
While the initial publicity had died down by the end of the year, it sparked major changes in the way the
radio industry is conducted in Australia. This resulted in a second scandal in 2004, leading to the resignation of
Australian Broadcasting Authority
The Australian Broadcasting Authority (ABA) was an Australian government agency whose main roles were to regulate broadcasting, radiocommunications and telecommunications. The Authority took over the functions of the Australian Broadcasting Trib ...
head
David Flint, after he had been found to have been less than impartial in his role in original "cash for comment" investigations.
Some have pointed to the Broadcasting Services Act (1992), which has treated the media more as a business than a cultural institution, for a decline in the relevance of
ethical standards in the Australian media industry.
Reporting
In 1999, reporters
Richard Ackland
Richard Alan Ackland is an Australian journalist, publisher and lawyer, who has won many awards for his reporting.
Ackland graduated with degrees in economics and law in the early 1970s and was admitted as a solicitor of the Supreme Court of ...
,
Deborah Richards and Anne Connolly from
ABC's ''
Media Watch'' programme revealed that
2UE
2UE is an all-music radio station in Sydney owned by Nine Entertainment Co and run under a lease agreement by Ace Radio. It currently broadcasts from its studios in Pyrmont, New South Wales.
History 1920s 2EU
Electrical Utilities applied to the ...
talk back hosts
John Laws
Richard John Sinclair Laws CBE (born 8 August 1935) is a Papua New Guinean-born Australian radio announcer. For 50 years, until 2007, he was the host of an Australian morning radio program combining music with interviews, opinion, live advert ...
and
Alan Jones had been paid to give
favourable comment to companies including
Qantas
Qantas Airways Limited ( ) is the flag carrier of Australia and the country's largest airline by fleet size, international flights, and international destinations. It is the List of airlines by foundation date, world's third-oldest airline sti ...
,
Optus
Singtel Optus Pty Limited (commonly referred to as Optus) is an Australian Telecommunications in Australia, telecommunications company headquartered in Macquarie Park, New South Wales, Australia. It is a wholly owned subsidiary of Singapore, Si ...
,
Foxtel,
Mirvac
Mirvac is an Australian property group with operations across property investment
Real estate investing involves the purchase, management and sale or rental of real estate for profit. Someone who actively or passively invests in real estate i ...
and major Australian banks, without disclosing this arrangement to listeners. Prior to giving favourable commentary to a group of banks, Laws had repeatedly criticised them for imposing unjustified fees on customers while cutting back on services.
Though they both initially vehemently denied any wrongdoing, Laws and Jones defended the practice by claiming that they were not employed as journalists but as "entertainers", and thus had no duty of disclosure or of journalistic integrity.
Inquiry
The
Australian Broadcasting Authority
The Australian Broadcasting Authority (ABA) was an Australian government agency whose main roles were to regulate broadcasting, radiocommunications and telecommunications. The Authority took over the functions of the Australian Broadcasting Trib ...
(ABA) estimated the value of these arrangements at AUD$18 million, and found that Laws, Jones, and 2UE had committed 90 breaches of the industry code and five breaches of 2UE's license conditions. The inquiry heard that Laws received cash and VIP hospitality at Sydney's
Star City Casino for not discussing negative aspects of
gambling
Gambling (also known as betting or gaming) is the wagering of something of Value (economics), value ("the stakes") on a Event (probability theory), random event with the intent of winning something else of value, where instances of strategy (ga ...
.
The ABA made it clear that Laws was not a journalist, but a radio personality, and so journalistic ethical standards didn't apply to him.
The inquiry focused on the extent to which deliberate commercial endorsement had led to distortions in which the public was misled about important matters.
Regulations were subsequently tightened to prevent such behaviour; however, the ABA was accused of weakness and inconsistency in enforcing these regulations. Included in the changes were new sponsor disclosure requirements. Laws used a
cow bell
A cowbell (or cow bell) is a bell worn around the neck of free-roaming livestock so herders can keep track of an animal via the sound of the bell when the animal is grazing out of view in hilly landscapes or vast plains. Although they are t ...
to announce sponsor deals following more stringent disclosure requirements.
In 2004, Laws and Jones were again accused of cash for comment in relation to deals both had made with
Telstra
Telstra Group Limited is an Australian telecommunications company that builds and operates telecommunications networks and markets voice, mobile, internet access, pay television and other products and services. It is a member of the S&P/ASX ...
. Laws was found to have breached the rules but Jones was cleared; the revelation of flattering letters written by ABA head
David Flint to Jones, at the same time that Jones was under investigation, led to accusations of impropriety that ultimately forced Flint's resignation.
Fines
2UE was fined $360,000 for Laws's improper conduct.
Initially the radio station was to pay the
Australian Communications and Media Authority
The Australian Communications and Media Authority (ACMA) is an Australian government statutory authority within the Communications portfolio. ACMA was formed on 1 July 2005 with the merger of the Australian Broadcasting Authority and the Au ...
(ACMA), the succeeding media regulatory agency to the ABA, AUD$10,000 for each of the 13 breaches involving a
sponsor disclosure requirement. The Communications Law Centre intervened, arguing that a harsher penalty was appropriate.
This led to the Federal Court imposing a larger fine.
See also
*
Astroturfing
Astroturfing is the practice of masking the sponsors of a message or organization (e.g., political, advertising, religious or public relations) to make it appear as though it originates from and is supported by grassroots participants. It is a ...
*
Journalism in Australia
*
List of Australian political controversies
References
{{reflist
External links
Stories in 1999– Media Watch
History of New South Wales
Corporate scandals
1999 in Australia
Radio in Australia
1990s in New South Wales