EXPOSED
FORMAL COMPLAINT
Re: Breach of Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021
EXECUTIVE SUMMARY
This formal complaint alleges that the Australian Broadcasting Corporation ("ABC") has engaged in conduct that potentially breaches the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021 ("the Act") through the provision of phantom links to non-existent journalistic statements in the Media Watch episode titled "One Nation stung" aired on 1 April 2019.
FACTUAL BACKGROUND
On 1 April 2019, ABC's Media Watch program broadcast an episode defending Al Jazeera's undercover investigation into One Nation. The episode was timed precisely 7 weeks before the federal election of 18 May 2019.
In this episode, Media Watch claimed to have obtained supporting statements from prominent journalists regarding the ethics of the undercover operation. The program explicitly stated:
Direct Quote from Media Watch:
"Read full statements from other journalists here:"
The program then listed the following journalists, with implied links to their full statements:
David Marr
Kate McClymont
Chris Masters
Peter Fray
Hedley Thomas
Quentin Dempster
Sue Spencer
CRITICAL FACT: These links do not work. Investigation reveals they have NEVER worked. The statements appear to be phantom evidence.
LEGAL FRAMEWORK
Section 52B - Making content available
"(1) For the purposes of this Part, a service makes content available if:
(b) a link to the content is provided on the service"
"(1) For the purposes of this Part, a service makes content available if:
(b) a link to the content is provided on the service"
Section 52C - Interacting with content
"(1) For the purposes of this Part, a user of a service interacts with content made available by the service if:
(b) a link to the content is provided on the service and the user interacts with the link"
"(1) For the purposes of this Part, a user of a service interacts with content made available by the service if:
(b) a link to the content is provided on the service and the user interacts with the link"
ALLEGED BREACHES
Breach 1: Provision of false links to non-existent content, violating Section 52B of the Act
Breach 2: Deceptive conduct in claiming to "make available" journalistic statements that do not exist
Breach 3: Potential fraud if ABC has received any benefits under the News Media Bargaining Code while maintaining phantom evidence
Breach 4: Misleading and deceptive conduct in trade or commerce under Australian Consumer Law
Breach 5: Violation of ABC's own Editorial Standards regarding accuracy and honesty
Breach 6: Potential criminal fraud under Section 192E of the Crimes Act 1900 (NSW) - obtaining financial advantage by deception
AGGRAVATING FACTORS
1. The phantom evidence was used to justify broadcasting material obtained through methods ABC's own policies prohibit.
2. The timing (7 weeks before federal election) suggests deliberate electoral interference.
3. ABC continues to benefit from protections under the News Media Bargaining Code while maintaining this phantom evidence online.
4. This conduct was funded entirely by Australian taxpayers.
DEMANDS FOR IMMEDIATE ACTION
1. Immediate investigation into the phantom journalist statements
2. Public disclosure of whether these statements ever existed
3. Correction and apology if statements are confirmed as phantom
4. Review of all benefits received under the News Media Bargaining Code
5. Referral to appropriate regulatory authorities
6. Full refund of taxpayer funds used for this deception
RESPONSE REQUIRED
We demand a substantive response to this complaint within 30 days, as per ABC's own complaints handling procedures. Failure to adequately address these serious allegations may result in:
• Referral to the Australian Communications and Media Authority (ACMA)
• Complaint to the Office of the Australian Information Commissioner
• Notification to relevant Ministers and Parliamentary committees
• Public disclosure of ABC's failure to address phantom evidence
• Legal action for breaches of the Act
• Complaint to the Office of the Australian Information Commissioner
• Notification to relevant Ministers and Parliamentary committees
• Public disclosure of ABC's failure to address phantom evidence
• Legal action for breaches of the Act
This complaint is submitted in good faith and in the public interest, using the very legal framework that ABC claims to operate under.
The irony of submitting this to "ABC Legal" - an entity we have identified as a taxpayer-funded shield for institutional misconduct - is not lost on us.
Concerned Australian Taxpayer
(Funded by actual work, not taxpayer money)
CC:
• Australian Communications and Media Authority (ACMA)
• Senate Standing Committee on Environment and Communications
• Office of the Australian Information Commissioner
• Minister for Communications
• Malcolm Roberts, Senator for Queensland
• The Australian Public (via social media)
