Cash For Comment
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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 adverti ...
, 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 Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
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 The "radio industry" is a generic term for any companies or public service providers who are involved with the broadcast of radio stations or ancillary services. Radio broadcasters can be broken into at least two different groups: Public service ...
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 David Edward Flint (born 1938) is an Australian legal academic, known for his leadership of Australians for Constitutional Monarchy and for his tenure as head of the Australian Broadcasting Authority. Early life and education David Flint was bo ...
, 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 Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns ma ...
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 Deborah Richards is an Australian journalist, of English descent from the Edwards family. Richards has worked for the Australian Broadcasting Corporation, Essential Viewing Group, and Special Broadcasting Service. Life Richards attended Brighto ...
and Anne Connolly from
ABC ABC are the first three letters of the Latin script known as the alphabet. ABC or abc may also refer to: Arts, entertainment, and media Broadcasting * American Broadcasting Company, a commercial U.S. TV broadcaster ** Disney–ABC Television ...
'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 adverti ...
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 world's third-oldest airline still in operation, having been founded ...
,
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 Foxtel is an Australian pay television company—operating in cable television, direct broadcast satellite television, and IPTV streaming services. It was formed in April 2018, superseding an earlier company from 1995. The service was establi ...
,
Mirvac Mirvac is an Australian property group with operations across property investment, development, and retail services. This entity now broadens their clientele and shareholder return on investment by venturing across multiple development sectors, ...
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 The Star Sydney (formerly Star City Casino and prior to that, Sydney Harbour Casino) in Pyrmont, Sydney, is the second largest casino in Australia after Melbourne's Crown Casino. Overlooking Darling Harbour, The Star, owned by Star Entertainme ...
for not discussing negative aspects of
gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
. 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 20 ...
. Laws was found to have breached the rules but Jones was cleared; the revelation of flattering letters written by ABA head
David Flint David Edward Flint (born 1938) is an Australian legal academic, known for his leadership of Australians for Constitutional Monarchy and for his tenure as head of the Australian Broadcasting Authority. Early life and education David Flint was bo ...
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 Austr ...
(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 p ...
*
Journalism in Australia Journalism in Australia is an industry with an extensive history. Reporters Without Borders placed Australia 26th on a list of 180 countries ranked by press freedom in 2020, ahead of both the United Kingdom and United States. Print media in the ...
*
List of Australian political controversies This is a list of major political controversies in Australia: Pre-federation Federal controversies Barton government Deakin government Hughes government Bruce–Page government Scullin government Lyons government Menzies government ...


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