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11 Feb 2011

TV station cleared; story that outed Australian politician was in 'public interest'

Australia's broadcasting regulator has determined that although Channel Seven's controversial expose that showed former NSW transport minister David Campbell's visit to a gay sauna had invaded his privacy, it did not breach television standards because the reasons that led to his resignation was ultimately of public interest  even though Campbell had resigned BECAUSE of the story.

The Australian Communications and Media Authority (ACMA) has decided that although Channel Seven had invaded the privacy of former NSW transport minister David Campbell when it outed him as gay in a news programme last year, the broadcaster did not breach the Commercial Television Industry Code of Practice because the reasons that led to his resignation was ultimately of public interest.

Channel Seven faced a barrage of criticism when it aired secretly filmed footage of David Campbell leaving a gay sauna. Watch video here.

It did not address the fact that Campbell's resignation was BECAUSE of the story and that if Campbell had not resigned, Channel Seven might have had no defence.

ACMA chairman Chris Chapman explained in the Sydney Morning Herald: "In this case, the resignation of the minister meant that the broadcast, which would otherwise have been an invasion of privacy, was justified, but solely because it provided a deeper explanation of the circumstances behind the resignation."

Seven News showed Campbell – a married father of two adult sons – leaving a gay sex club in Sydney. The report focussed on Campbell's use of his state-funded government car to drive himself to and from the club despite the fact that ministers are allowed to use their ministerial cars for personal use.

Campbell resigned from his ministerial post an hour before the report was aired after Seven sought his comment about the footage. Although he is still a Member of the New South Wales Legislative Assembly for Keira, he announced last September that he will not be seeking re-election at the 2011 NSW election.

In the full report made available on its website, ACMA said it received two formal complaints about the story from members of the public who were concerned that Campbell was being "ridiculed" on the grounds of sexual preference and that the broadcaster's decision to air the footage as being "homophobic" as well as a "political and moral attack" on the politican.

Seven has previously said it is justifiable to broadcast the story because the minister's private conduct was at odds with his public persona as a family man. However, unlike other high profile outings of anti-gay politicians, Campbell is known to have a long history of support for gay issues and for those in same-sex relationships when speaking in Parliament as detailed in an article in the Sydney Morning Herald last year.

The TV report last year report drew severe criticism from various quarters, including media industry professionals and academics, gay activists and openly gay former High Court Justice Michael Kirby, who labelled the network "serial homophobes"  for their coverage of the story. "Really they should be hanging their heads in shame, invading his space, invading his family … anything to humiliate and destroy. Well, it’s not acceptable, and the community is increasingly telling them that it’s not acceptable," he said at a TEDx Sydney conference last May.

Many academics and journalists issued a public statement: "We know that sometimes the private lives of public figures need to be exposed for public good, in the public interest. But you exposed this man for no public good; nor was it in the public interest. It was shameful and hurtful – not just for Campbell and his family; but for all of us. It demeans journalism."

Australian Marriage Equality's Alex Greenwich says the secretly filmed footage rams amounted to a gay witch hunt: "Whether he is gay, bi, curious or confused we need to appreciate that anyone of his generation grew up in a very homophobic Australia, both in terms of social attitudes and laws. Any gay person knows how hard it still is to come out. This man has dedicated much of his life to public service, and without any understanding of the psychological issues associated with someone of his generation being able to be comfortable with his sexuality, he is being condemned by the media for walking down the stairs of a gay establishment."

In May 2010, The ACMA also found that the news report did not breach clause 1.9.6 of the code as it was not likely to "provoke intense dislike, serious contempt or severe ridicule against the Minister on the ground of sexual preference."


Excerpts from the full report made available on acma.gov.au

Personal or private affairs (pg 9)

Information about a person’s sexual preference and activities is generally regarded by ACMA as ‘material relating to a person’s personal or private affairs’.

Invasion of privacy (pg 9)

It is true that the Minister entered and exited the KK Club via a busy public road, and he could have been observed inside the club by other club patrons. However, the ACMA is satisfied that the footage and information relating to the Minster’s out-of-hours conduct attending premises offering sexual services is something that an ordinary reasonable viewer would consider private, Although a limited number of people may have been aware of the Minister’s conduct, there is no evidence that these matters were in the public domain. 

According, in this case the ACMA is satisfied that the broadcast used material relating to the Minister’s personals or private affairs and invaded his privacy. 

Whether there was an identifiable public interest reason for the broadcast of private material (pg 11)

Although the ACMA considers that the Code and Guidelines provide privacy protections to everyday individuals and public figures (including politicians) alike, the Authority also accepts that those holding public office will be open to greater and more frequent scrutiny in their personal lives than other citizens as a very consequence of their public office. In these cases, the public interest exemption to the prohibition of the broadcast of private material is more likely to apply. 

To the extent that the Minister’s activities were secret, the ACMA also accepts that engaging in covert activity while in a position of public responsibility or administration could make a personal vulnerable to being compromised…

However that mere vulnerability cannot be sufficient to permit the broadcast of otherwise protected material in the absence of, for example, any identifiable basis upon which to apprehend actual compromise (which absence was the case here).

Given, however, the then existing public criticism of the Minister and prior questioning about his discharge of his office, the sensitive public roles he held and had recently held, the suddenness of his resignation and the lack of insight that the explanation for his resignation (that is “for personal reasons”) provided, a relevant and legitimate public interest arose (namely the need for a deeper explanation of the circumstances behind the resignation)/ This is so because the community could then be better able to assess whether or not the Minister’s discharge of government and/or public administration had or had not been improper or had or had not been comprised.

On balance, the ACMA accepts that in these particular circumstances the linkage between the private material and an identifiable public interest was provided.

Australia

读者回应

1. 2011-02-11 21:59  
I thought that Australian has a right to be a gay, bi or hetero to become public figure. But, this case showed that Australian is same with my country (Indonesian) has discriminated by being gay and or bi or lesbian. Why?
New South Wales has a place to be nude in Belongil Beach(for hetero) and King Beach for (for gay). But why is being gay become big issued? where is our privacy? Media (on 7) is not consider to private life but this media is only want to get rate. is that a good media?
2. 2011-02-11 22:45  
sadly i don't think it's about gay attack or homophobia ... rather about creating sensational news that leads to winning the timeslot/ratings whatever, it's good tv after all. besides, it takes one to know one, so amongst those who exposed this man must be gay himself (either open or closeted) to be able to know him visiting the gay sauna. have to admit, not all people have good morals, gays included.
回应#3於於2011-02-11 23:47被作者删除。
4. 2011-02-12 02:33  
Well, Australian government and law makers need to be educated in this basic human right issue. The business permit for media is to broadcast news related to public interest not to use it to harm an individual that causing so much.....What the fuck and benefit for public interest for this gentleman went to a gay sauna.

This will never happen in Canada. Canadian Human Rights are far mature and powerful than many Western countries.

Shame to Australia.
5. 2011-02-12 08:00  
First of all, kazukicanada, people get outed in Canada, along with gay bashing, gay harassment, etc. Just because Australia had a bad day for gay rights doesn't mean Canada is more "mature." So don't be harsh on Australia.

Second, the government of Australia does support basic human rights. It was the TV channel that didn't respect an official's privacy. Disgusting, rude, and worthy of contempt, yes; however, no human rights were violated and no law was broken.

This issue was first debated in the US in the 80s, when some gay activists sought to 'out' gay celebrities, officials, etc. While it's true that after more and more celebrities have come out that acceptance of gays increased, it's also true that many forced out of closet had careers ruined, families torn apart, and, in some cases, suicides or violence.

Self-identifying as a gay man or woman should be an individual's choice.
6. 2011-02-12 08:21  
I think for Channel 7 it is more about the ratings, as they aren't doing as well as Channel 9 or Channel 10. Maybe SBS & ABC are rating higher than channel 7 :)

That is why Channel 7 has gone to the gutter to get sensationalized stories about people's lives :)

If they were leading the News & Current Affairs with ground breaking News Items. Then they wouldn't be doing these kind of stories on outing public figures.

I felt very sorry for David Campbell after the outing, as he had been on the LGBT side even while in the closet.

I hope that he has had a chance to rebuild his life, after this very personal attack. More importantly I hope his family are still supportive of him, as he may have been closeted but he has had a relationship that has lasted a long time and children.

Probably a better life than the homophobic News Reporter!!
7. 2011-02-12 08:22  
Whoever hasn't lived in Austrialia may not know that Terra Australis is legalistic - by the letter - police state. It is a common practice to take things out of context (i.e. not looking at the circumstances and bigger picture) and then judge an individual against some often very petty regulation, set up by those who are in power.

This minister was unpopular and any other opportunity could have been used to attack him. Since Australia like many other countries is generally not really comfortable with homosexuality and sex in all Anglo-Saxon countries is a taboo as far as public figures are concerned, the "gay sauna" incident has added to the shame and piquanterie.

As for the ruling, it does not really surprise me. Unlike, say, EU citizens, Aussie residents cannot count on fair treatment and a right to appeal above the country level. No human rights for Australian residents mate (check the anti-discrimination laws, or the state's stance on same-sex marriage). You are stuck with poor customer protection, privacy and other laws and if you don't like it, you can simply f*@%& off as your average Aussie would put it.
8. 2011-02-12 09:44  
To my fellow Canadian, Kazukicanada (#4): If our current federal government ever gets a majority you can be sure our laws wll change. There are as many rednecks and homophobes in Canada as there are anywhere else in the world and they would dearly love to turn back the laws that more progressive adminstrations enacted years ago.

My advice: Don't take anything for granted; keep the bastards at bay, they'd love to take our freedom away.
9. 2011-02-12 10:05  
Hum... I am very neutral about this news.

If Mr Campbell was spotted coming out of a straight sex club, I think and I hope he would also resign from his public role.

Everyone would agree he has the right to do anything he wants as long as it is legal.

However, he is married with kids and getting caught walking out of a sex club does not go well with his public role. That's all.

Being a public figures means you have less privacy. They have to accept this is fact of life.

It is always a fine line between invading people's privacy in the interest of the public. If you are not famous or not known by the public, would media report you.


10. 2011-02-12 10:25  
I empathised with him fully.

But this story is more about him cheating on his family more than just about him being gay. If he had walked out of a brothel, I think the story will also hit the news.

News media loves a scandal no matter in what form!
11. 2011-02-12 10:36  
The media has much to answer for in many ways - can anyone tell me how being Gay impacted on his ability to represent the people he was elected to serve??
12. 2011-02-12 10:41  
ACMA chairman Chris Chapman is former boss of Channel Seven
13. 2011-02-12 10:43  
A shameful episode in the governance of the media in Australia. Its my opinion that Campbell should have stood up for his rights and the rights of all LGBT people and never resigned
14. 2011-02-12 14:59  
It just goes to show what a pack of sleazy bastards the media are. All their rhetoric about "the public interest" is merely a shield they use whenever they cop flak in their never-ending search of sensational stories. Take the recent Tony Abbott incident.

I wish the news stories were actually proper news and not just a 7 second sound grab. We have so much information thrust at us repeatedly by pompous sounding news presenters but they give us very little substance as to the details behind the headlines. No wonder our countries are filled with ignorance.
15. 2011-02-12 15:40  
What bullshit from Channel Seven. No ethics or credibility in those decisions.
16. 2011-02-12 20:44  
i dont know why author delete my comments, his is gay and married with kids, being gay is private matter, however. using taxpayer paid car to visited gay sex venue, it isn't right.

why everyone focus on his sex preference, other than what is the right thing to do as a minister.
17. 2011-02-12 21:37  
It is indeed invasion of privacy to get that station soars rating. Shame on you! Otherwise, public is not stupid enough not to understand the purpose of their expose' showing Campbell's outing.
18. 2011-02-12 21:48  
get a grip guys all this huffing n puffing over nothing you sound like the womans tut tut auxiliary, it had nothing to do with human rights or invasion of privacy etc. he was parading him self as a heterosexual married man, an upstanding family man, as a public figure who seeks public support for re-election in an unpopular state government that's on a nose dive any way, while under that assumed character seemingly slinking off to gay saunas for a bit on the side, his subterfuge was his own undoing, Party appointed Premier keneally was fast to get shot of him another electoral loser for her crumbling short lived reign.
I guess we will never know if his wife knew and sanctioned his extramaritial activities, if she had have and went public to support him it possibly wouldn't have been such a big deal, his apparent dishonesty was his own down fall, it's called 'self sabotage' it's not like a camera was filming over the cubicle wall while he was groaning obscenities taking it up the pooh shute just footage taken from a public street that journalists have a right to use of his entering a known gay sex on premices venue and then after a 'suspiciously' long enough period leaving.
There are out homosexual men and woman in Australian politics who DON'T have the media scrutinising their every move cos well usually theres no deceit or quiet whispers to chase for example BoB Brown seems to enjoy a healthy public /private life the media doesn't intrude as does Penny Wong
修改於2011-02-12 23:50:58
19. 2011-02-12 22:19  
aztlan_oz not everyone wants their life to be an open book = he chose to keep his gay life private from everyone including his family, is it not possible he was thinking he was protecting his family by remaining silent. As for Mr Brown and Ms Wong I would suggest watch out - once they fall out of favor with the media they too may become open season. All this is simply brought about by a judging society who have no real social understanding. It is time we had the media rethink their values of "in the public interest" verses "of public interest". I ask who did at risk of this man being gay and who potentially needed protection by way of knowledge about this man?? Very simple answer is no one!!
20. 2011-02-12 22:50  
Aussie4U...if U don't want your life to be an open book or up for scrutiny then don't go into politics or any thing where by you set up a public character by where you seek other people to vote for that assumed character and the values accredited to that character, if he truly wanted to protect his family he would not have done any thing that draws negative attention to him self he would have lived up to his own propaganda and NOT have gone trawling for extramarital sex in a known gay sex on premices venue or even a hetero brothel for that matter..there is no certain or legitmate argument in his defence as his self sabotage is his own un-doing, his character was brought into disrepute as his behaviour did not live it to the projection he had created as a public person, simple really that's the reality of public life, the old adage applies 'oh what tangled webs we weave when we practice to deceive' I know 'professional queers' wouldn't understand that as good character is obviously not a strong point in their rather lurid reality also I suspect Bob Brown and penny Wong are alot smarter and sufficiently politically savvy enough than to set them selves up for tragedy un-like pitiable David Campbell no matter what his voting record on gay issues he is still accountable for his other actions as a public figure just as was Bill Blinton for stuffing cigars up young interns and betraying his self projected/invented persona and family in the process.
I guess the moral of the whole sorry story may well be 'be true to who you really are and let people vote for you on that truth not some deceitful invention' much like when seeking a lover really.
修改於2011-02-13 08:31:00
回应#21於於2011-02-13 00:50被作者删除。
22. 2011-02-13 00:45  
in Australia its OK to be gay, but its fucking embarassing to admit you got caught going to a gay sauna, but its typical of the fat ugly types that are in there, they always put pics of hot guys like me on the door, but once inside you discover ugly fat gays like the government official type, its so gross and dirty and fucking embarassing

its time to be gay and have a normal date again

gay saunas need to have truth in advertising laws and perhaps an independent review board and health and cleanliness rating code
23. 2011-02-13 00:48  
again another embarassing story by sylvia tan in order to protray gay men in a negative light and degrade us, why aren't there any stories about more lesbians getting arrested

or my gay polo team

actually it wouldn't be a story at all until we are all caught in a gay sauna in Malaysia and arrested

this is a crappy story and nothing to do with gay rights
24. 2011-02-13 08:11  
#21
Ugly, fat and being gay are not their choices in most cases. Be compassion! I always gladful about my look and so on. There are many gays who are not as fortunate like me. I do respect them as who they are when I discover some of them have great attitude and personality.

Do you think you look as good as now when you are 80+? I always aware I will be an ugly old man someday if I live long enough. But I will keep myself good looking not just base on my age, body shape, face and so on. Have you ever seen a handsome guy with ugly personality?

God is fair, no matter how handsome or beautiful we are, someday in life (if u live long enough), you will see how ugly we can be in front of a mirror when we are SICK or Old.
25. 2011-02-13 08:23  
and as for self appointed Australian supposed 'gay marriage' representatives who come out supporting his cheating just because Cambell was involved in extramarital adventures with men says alot about the quality we can expect from 'gay marriage' of which I think very few of us really give a toss about any way, if you agree to be in a relationship 'married' or not and the agreement is for exclusivity whether Monogamist or polygamist and you sneak around like a theif in the night as did cambell betraying the trust and possible good sexual health of your partner/s then you deserve to be exposed I hope she ditched him, why do so many men think it's alright to cheat and betray on your relationship agreements? and it appears especially ok for a woman to be cheated on for another man it's all about disrespect and bad character, maybe Alex Greenwich should resign as spokesperson for his little lobby group, siding with a pretend heterosexual serial cheater does his little lobby group no favours good leadership demands good values but then I suppose that concept is anathema to professional queers.
修改於2011-02-13 09:10:20
26. 2011-02-13 09:06  
"Yet another explanation for the story is the bad blood that continues to circulate between [Channel Seven reporter Adam] Walters and the mother of his third child, dumped health minister Reba Meagher. Some sources are claiming the hatchet job on Campbell was payback for Walters’ emotional distress after the power couple’s relationship turned sour last year."

The minister, the gay sauna and a reporter with scores to settle
http://www.crikey.com.au/2010/05/21/the-minister-the-gay-sauna-and-a-reporter-with-scores-to-settle/
27. 2011-02-13 09:24  
that was a good read thanx 'Kellen' so really supposing it's all true both the resigned minister and journalist alike need ethics classes
回应#28於於2011-02-13 10:07被作者删除。
回应#29於於2011-02-13 20:03被作者删除。
30. 2011-02-13 17:01  
Despite Lagunabro’s old auntie views, there are lots of paths to homo happiness. Imitating straight norms and traditions is one way. Celebrating your physicality and sexuality is another way. And there are a thousand other variations that are just as valid. Every journey through this often hostile world is a personal one. And no one knows what's the right way for someone else.

What is sad in the Campbell case is that he chose what proved to be a self-destructive existence in the closet. Hiding within his family values, wasting his prime years in pretence and avoidance, and then, long past the age when our sexual desirability has faded, seeking solace in anonymous, desperate but perhaps satisfying sex. Yet, I cannot imagine the pressures and logic that moulded him and obliged him to follow this particular path. And because I can’t possibly understand his circumstances, I can’t condemn or criticize him either.

The simple fact of being gay makes us special. We have to discover our own individual rules and our own individual morality. For you guys who like to preach messages and “truths”, take your pulpit somewhere else. We get enough crap from the religious nutsos. We don’t need any more from you.
回应#31於於2011-02-13 20:03被作者删除。
32. 2011-02-13 18:34  
whoa, dandude! i have some fabulous advice for you ... shrug those pinched shoulders, take a deep breath and relax ... i'm sorry that someone else's pure sexual enjoyment makes you uncomfortable ... if it makes you feel any better, i got a news flash: men are sex-driven ... it's testosterone thing (and u can get shots if yours is below normal)

self-obsessed, self-important, oversexed is hardly a gay monopoly... any good-looking straight man or woman is often accused and/or guilty of the same thing... admittedly we have more sex than straight guys but that's only because we don't have to deal with female sexuality and the frequent libido-suppressing effects of estrogen....well, most of us

and believe me, when straights tell you that you're not "gay acting", they mean you don't have a lisp and limp wrists and wear eye-liner ... my straight friends and colleagues are so sex-obsessed themselves that it wouldn't occur to them that my sexual promiscuity is any way remarkable ... of course we French don't get too overwrought by sex... it's just one of nature's many gifts ... like melon charentais ... best eaten before it goes rotten
33. 2011-02-13 19:25  
ACMA and the ABA are in reality toothless tigers. The media can do what it likes with impunity in this country. If some slighted operator at Network Nine decided to show hard-core XXX porn instead of the advertised family movie, for example, the offended public would first have to make a complaint in writing to the network, which would have two months to make an internal assessment of such an incident. If the public were not happy with the outcome it would then have to complain once again, in writing to the ABA and then a lengthy arbitration process would ensue resulting ultimately in a slap of the wrist from the ABA. Both ACMA and the ABA are toothless tigers.
Notwithstanding, the scandal around Campbell wasn't so much that he visited a gay sauna, even less that he may be gay; but that he, as a married father of two children visited a gay sauna. It was more about a public person being deceitful about who he was, much less about his sexuality. Bob Brown and Penny Wong are both openly gay senators swerving in Federal Parliament and in leadership positions. It's never been an issue for them.
And even though the fact that ACMA & ABA have no real powers whatsoever to discipline the commercial networks for anything, resulting in the endless flow of effluent on "current affairs" shows like Nine's A Current Affair and Seven's Today, Tonight; Australia has to also be commended for having one of the most diverse and independent media infrastructures in the world. We have state-funded but independent quality broadcasters - the ABC and SBS, we have the commercial networks, and we have a range of smaller, totally independent subscriber supported community broadcasters. So if you don't like the trash there's always something else to switch over to. This infrastructure is also what gave Melbourne the first dedicated LGBT radio station in the world: JOY-FM.
Not bad really, for a country that has no clauses addressing "freedom of speech" in its constitution and no Bill of Rights either.
回应#34於於2011-02-13 20:02被作者删除。
35. 2011-02-13 20:14  
well stated DiskoDan an impressive addition to the debate.
Personally I don't think being gay makes any one especially 'special' thats exceeding superficial and simplistic, not all men are sex obsessed may be the ones with unconTROLLable sexual addictions, or just those who are immature and under-developed emotionally, what stands out in any man or woman is what he/she represents in his/her humanity, possibly living as honestly as you can to the best of your ability, some either trail blazing for others to follow or by simply showing others U can lead a simple healthy honourable life how ever you choose it.. I'm a renaissance man there is no substitute for developing good inner core values in my reality.
My heart goes out to poor Mrs cambell used as a public front and cheated on she deserved better.
修改於2011-02-13 21:02:17
36. 2011-02-13 21:39  
His wife was/in battling cancer when the news broke. Who knows what agreement (tacit or otherwise) the couple had? Must faithfulness always equal monogamy equal no sex outside marriage? Who are we to judge?
37. 2011-02-14 11:20  
What a load of hogwash! What does someone visiting a sauna have to do with their job???? Public interest? It was sheers sensationalism on The TV startion's part. Pure and simple. If one owas to out everyone regarding what they do in in private, there'd probably be no-one left in office.
38. 2011-02-14 16:17  
its Valentine's day, time for gay chocolates, gay romance and great love and sex... why no special romantic Fridae articles about this? what is happening there, where has the romantic spark gone?

39. 2011-02-15 11:24  
his undoing was his lack of authenticity and his 'down low cheating' living the 'down low' as Oprahs show on the subject termed it, seems some largely don't want to acknowledge the hurt 'down low cheaters' perpetuate against woman & other men also, the inate sexism of alot of gay mens responces here reeks, the misplaced sympathy for a 'down low cheater' say alot for the integrity of alot of people take note if your considering a relationship with some of the respondents, people can use this debate to judge for them selves the qualities and core values they will want in a future partner, it's a good sounding board.
And yes 'lagunabro' keep voicing your call for romance and beauty to be resurrected in this present day cynical unhealthy sexually addicted/obsessed environment
修改於2011-02-15 11:31:22
40. 2011-02-17 22:56  

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