“The Lattouf trial revealed enormous confusion amongst senior managers about the requirements of ABC legislation and its own policies. The new rules suggest that not much has changed,” he said.
Under the rules, one-on-one conversations, WhatsApp groups and other actions such as writing a letter are possibly considered “public comment”.
Bornstein and Lattouf were successful in their unlawful dismissal case against the ABC.Credit: Oscar Colman
While more scrutiny is placed on high-profile journalists, long-serving presenters and senior executives, there is less risk for actors in the screen division or former sports players who regularly appear on the ABC as guests, the document said.
The ABC handles complaints in good faith where they are made in good faith, with staff welfare at heart and while ensuring the ABC’s obligations under law are followed, a spokesperson for the broadcaster said. “As our guidance says, staff can seek advice from their manager if they have any questions about the Public Comment Guidelines.”
The Media, Entertainment & Arts Alliance’s media director Cassie Derrick agrees with Bornstein, arguing the new policies double down on the existing punitive approach the ABC has taken towards its staff for some time and appears to be a mechanism to further entrench insecurity.
“Journalists at the ABC are deeply committed to upholding public trust through providing ethical, fair and accurate journalism and storytelling to the public. Every day they face attack from external stakeholders,” Derrick says.
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“While the policy provides some clarity around what employees are deemed ‘high risk’ in relation to what staff can and can’t say publicly, in doing so it appears to target particular ABC staff based on how public-facing they are, rather in what level of control they have over the editorial process.”
While ABC News executives Justin Stevens and Gavin Fang acknowledged in communications with staff on Wednesday that culturally diverse, Indigenous and female staff faced heightening scrutiny, Derrick says these staff, and other minorities develop significant expertise on topics that they have deep personal experience with.
“This new policy does nothing but continue to push risk down on workers. MEAA is writing to ABC management to seek that they properly consult with staff on a public comment policy that protects the ABC and its staff,” says Derrick.
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