Upheld Complaints Drive, 26 October 2010
Summary published: Wednesday 12, January 2011
Complaint: A 702 ABC Sydney audience member complained that a presenter’s book was effectively advertised during promotion of a competition to win tickets to a launch of the book.
Finding: Upheld against 15.4.6 ABC Editorial Policies (revised 1 March 2009)
Audience and Consumer Affairs response: A segment broadcast on 26 October featured a discussion between two presenters which alerted listeners to a competition to win tickets to the launch of the book. Although the focus of the segment was on the competition, the nature of the competition meant that discussion of the book was unavoidable. The book was mentioned several times, and its central concept was discussed throughout the segment, including the origin of the book’s title. The book itself was an activity which would result in financial benefit to the presenter. Although the presenter did not receive direct payment for his involvement in the event designed to launch and celebrate his book, this was an activity which indirectly resulted in financial benefit to him. Audience and Consumer Affairs accepted that the segment was intended as an announcement for the competition. However, having regard to the nature of the competition and the content of the segment, Audience and Consumer Affairs found that it also had the indirect effect of promoting both the book and the book launch event. Accordingly, the segment did not adhere to the requirements of section 15.4.6 of the ABC’s Editorial Policies.
The audience member also raised concerns about online references to the book and launch but these were not upheld; Audience and Consumer Affairs considered that brief references to the book and the book launch event on the 702 ABC Sydney Thank God It’s Friday and Competitions pages did not constitute announcements about either activity. Further, in keeping with Editorial Policy 15.4.11, the presenter’s profile page did not contain announcements for activities which would result in a personal financial benefit.
Score +1
The long explanation above and the long chain of correspondence between ABC NEWS Watch and the ABC (below) shows there are some issues with ABC Audience and Consumer Affairs handling of the complaint, not to mention ABC's code of conduct and Editorial Policies related to employees use of the ABC as a vehicle for self publicity.
ABC's convoluted explanation sounds like it was written by Sir Humphrey Appleby "Although the focus of the segment was on the competition, the nature of the competition meant that discussion of the book was unavoidable." The competition? To Win tickets to the launch of the book. Which book? Why Richard Glover's book "Why Men are necessary" published by HarperCollins (but with an ABC logo). Hard to see how the competition and the discussion (and the associated ABC web pages) were about anything other than publicity for Mr Glover's book.
After some contortions and a spectacular backflip, ABC Audience and Consumer Affairs found that 702 presenter Richard Glover (his name oddly omitted from the ABC's complaint summary-perhaps ABC is too embarrassed to put it there) breached section 15.4.6 of ABC's Editorial policies. This states "Announcements about activities which result in financial benefit to the presenter may not be broadcast within that presenter’s regular program." The breach was for the radio segment on the Drive show with 702 Breakfast host Adam Spencer, apparently the web pages which are aligned to the Drive program are somehow acceptable to the ABC (this, however, is subject of further investigation).
Mates Rates
As Mr Glover is probably (now?) aware the trick of course is to publicise and promote your own work by leeching off tax payer funds and ABC resources on one of your mates' ABC programs. Surprisingly this is permitted by ABC's Editorial Policies, and appears to be used widely by some ABC staff to their personal gain. Apparently it's okay as long as there is an ABC logo on the product. Here are a few examples of recent ABC programs providing promotions of Richard Glover's books:
Why Men are necessary ABC Local Radio Brisbane
Why are Men Necessary Thank God It's Friday - special listener event (This was held on ABC premises)
Why Men are Necessary Nightlife NOV 4, 2010 (ABC link broken)
ABC broadcaster Richard Glover talks about his latest book "Why Men are Necessary" at a recent literary lunch.
The Mud House Life Matters
Richard Glover can confidently say that 'the most beautiful house in the world is the one you build for yourself'—even if it may not pass a...
The Mud House Conversations with Richard Fidler
The Mud House Conversations with Jon Faine
Jon Faine's co-host was 702 ABC Sydney afternoon presenter Richard Glover, who has written his second book, 'The Mud House'.
To add insult to tax payers the book, "Why Men are Necessary", contains stories from Mr Glover's Friday 702 comedy skit, Thank God its Friday. So not only does the Australian tax payer provide funds for Mr Glover to write the stories in the first instance, by paying for his salary, they pay again to promote the book for Mr Glover's personal benefit. Some of these stories seem to end up in Mr Glover's column in the Sydney Morning Herald so perhaps Mr Glover is paid three times? Nice work if you can get it.
Mr Glover's contract appears to be very generous. Other public servants, and employees of private companies, generally are not so well provided for, their intellectual property remaining with their employer, one of the costs of employment. It seems things are different at Mr Glover's ABC.
We sent a copy of this post to Mr Glover for comment, but have not received a reply. We also sent Mr Glover a list of questions, which has also been left unanswered, including question number 9 which read: Given you are found to have breached editorial policy, will you resign?
We doubt any of this will make ABC's Media Watch. Why did it take an "audience member" to point out the conflict? Why didn't ABC recognise the breach in Editorial Policy itself? By the way I've listened, but I've never been an audience member.
The long chain of correspondence with ABC appears below in chronological order starting with the initial complaint. We initially raised the complaint against ABC's Editorial policy dealing with advertising and its code of conduct, as it turns out there is a special provision in ABC's Editorial Policies that covers staff promoting their own wares on their own programs: clause 15.4.6 (see above). However ABC did not judge the complaint correctly in the first instance conveniently forgetting to mention this critical fact. There are also some factual errors in the initial response. While it carries an ABC logo the book is actually published by HarperCollins. ABC responses are in italics.
On Tue, Oct 26, 2010 at 2:01 PM, ABC Corporate_Affairs11 wrote:
Dear Mr Hendrickx
Thank you for your email of 25 October in relation to the promotion of "Why Men Are Necessary and More News from Nowhere".
As your correspondence raised concerns of inappropriate advertising on the ABC, your email was referred to Audience and Consumer Affairs for consideration and response. The unit is separate and independent from ABC program areas and is responsible for investigating complaints alleging a broadcast was in contravention of the ABC's editorial standards.
The "Why Men Are Necessary and More News from Nowhere" by Richard Glover is published by ABC Books and is being sold in ABC shops including the ABC online shop. The shops and publishing arm of the ABC are part of ABC Enterprises. Revenue is shared between Richard Glover and the ABC. The exact terms of the commercial agreement are confidential.
Section 15.4.1 of the ABC’s Editorial Policies states, “Section 31 (2) of the ABC Act (see Appendix 1) permits the ABC to broadcast announcements relating to any of its activities including ABC programs, concerts, other public entertainments and services and the range of ABC Enterprises product and activities.
Section 15.4.3 states, “Broadcast announcements relating to ABC Enterprises products or activities may identify a specific product or be generic in nature. Only products or activities that bear an ABC logo or trademark or are directly related to ABC content may be the subject of specific broadcast announcement.”
The book has an ABC logo.
Accordingly, while noting your concerns, Audience and Consumer Affairs are satisfied the broadcasts are in keeping with the ABC’s editorial standards for impartiality and balance.
Thank you for taking the time to write; your feedback is appreciated. For your reference, a copy of the ABC Code of Practice is available at: http://www.abc.net.au/corp/pubs/documents/200806_codeofpractice-revised_2008.pdf .
Yours sincerely
MM
Audience & Consumer Affairs
On Thu, Oct 28, 2010 at 9:18 AM, ABC Corporate_Affairs6 wrote:
From: Marc Hendrickx
The long explanation above and the long chain of correspondence between ABC NEWS Watch and the ABC (below) shows there are some issues with ABC Audience and Consumer Affairs handling of the complaint, not to mention ABC's code of conduct and Editorial Policies related to employees use of the ABC as a vehicle for self publicity.
ABC's convoluted explanation sounds like it was written by Sir Humphrey Appleby "Although the focus of the segment was on the competition, the nature of the competition meant that discussion of the book was unavoidable." The competition? To Win tickets to the launch of the book. Which book? Why Richard Glover's book "Why Men are necessary" published by HarperCollins (but with an ABC logo). Hard to see how the competition and the discussion (and the associated ABC web pages) were about anything other than publicity for Mr Glover's book.
After some contortions and a spectacular backflip, ABC Audience and Consumer Affairs found that 702 presenter Richard Glover (his name oddly omitted from the ABC's complaint summary-perhaps ABC is too embarrassed to put it there) breached section 15.4.6 of ABC's Editorial policies. This states "Announcements about activities which result in financial benefit to the presenter may not be broadcast within that presenter’s regular program." The breach was for the radio segment on the Drive show with 702 Breakfast host Adam Spencer, apparently the web pages which are aligned to the Drive program are somehow acceptable to the ABC (this, however, is subject of further investigation).
Mates Rates
As Mr Glover is probably (now?) aware the trick of course is to publicise and promote your own work by leeching off tax payer funds and ABC resources on one of your mates' ABC programs. Surprisingly this is permitted by ABC's Editorial Policies, and appears to be used widely by some ABC staff to their personal gain. Apparently it's okay as long as there is an ABC logo on the product. Here are a few examples of recent ABC programs providing promotions of Richard Glover's books:
Why Men are necessary ABC Local Radio Brisbane
Why are Men Necessary Thank God It's Friday - special listener event (This was held on ABC premises)
Why Men are Necessary Nightlife NOV 4, 2010 (ABC link broken)
ABC broadcaster Richard Glover talks about his latest book "Why Men are Necessary" at a recent literary lunch.
The Mud House Life Matters
Richard Glover can confidently say that 'the most beautiful house in the world is the one you build for yourself'—even if it may not pass a...
The Mud House Conversations with Richard Fidler
The Mud House Conversations with Jon Faine
Jon Faine's co-host was 702 ABC Sydney afternoon presenter Richard Glover, who has written his second book, 'The Mud House'.
To add insult to tax payers the book, "Why Men are Necessary", contains stories from Mr Glover's Friday 702 comedy skit, Thank God its Friday. So not only does the Australian tax payer provide funds for Mr Glover to write the stories in the first instance, by paying for his salary, they pay again to promote the book for Mr Glover's personal benefit. Some of these stories seem to end up in Mr Glover's column in the Sydney Morning Herald so perhaps Mr Glover is paid three times? Nice work if you can get it.
Mr Glover's contract appears to be very generous. Other public servants, and employees of private companies, generally are not so well provided for, their intellectual property remaining with their employer, one of the costs of employment. It seems things are different at Mr Glover's ABC.
We sent a copy of this post to Mr Glover for comment, but have not received a reply. We also sent Mr Glover a list of questions, which has also been left unanswered, including question number 9 which read: Given you are found to have breached editorial policy, will you resign?
We doubt any of this will make ABC's Media Watch. Why did it take an "audience member" to point out the conflict? Why didn't ABC recognise the breach in Editorial Policy itself? By the way I've listened, but I've never been an audience member.
The long chain of correspondence with ABC appears below in chronological order starting with the initial complaint. We initially raised the complaint against ABC's Editorial policy dealing with advertising and its code of conduct, as it turns out there is a special provision in ABC's Editorial Policies that covers staff promoting their own wares on their own programs: clause 15.4.6 (see above). However ABC did not judge the complaint correctly in the first instance conveniently forgetting to mention this critical fact. There are also some factual errors in the initial response. While it carries an ABC logo the book is actually published by HarperCollins. ABC responses are in italics.
To: Audience & Consumer Affairs
From: Marc Hendrickx
Subject: Promotions for Why Men Are Necessary
Date: 25/10/10 18:31
Subject: Promotions for Why Men Are Necessary
Comments: ABC 702 has featured a number of promotions over the past week for Drive presenter Richard Glover's new book "Why Men Are Necessary and More News from Nowhere". Can ABC Audience and consumer affairs clarify how this is possible given the ABC does not allow commercial advertising. Are profits from this book going to ABC general revenue or are they going to Mr Glover? If the later I contend the promotions contravene ABC policies regarding advertising namely items 15.1.1 and 15.1.4. As such the promotions should be discontinued and Mr Glover should re-pay tax payers for promotions provided by ABC 702.
Dear Mr Hendrickx
Thank you for your email of 25 October in relation to the promotion of "Why Men Are Necessary and More News from Nowhere".
As your correspondence raised concerns of inappropriate advertising on the ABC, your email was referred to Audience and Consumer Affairs for consideration and response. The unit is separate and independent from ABC program areas and is responsible for investigating complaints alleging a broadcast was in contravention of the ABC's editorial standards.
The "Why Men Are Necessary and More News from Nowhere" by Richard Glover is published by ABC Books and is being sold in ABC shops including the ABC online shop. The shops and publishing arm of the ABC are part of ABC Enterprises. Revenue is shared between Richard Glover and the ABC. The exact terms of the commercial agreement are confidential.
Section 15.4.1 of the ABC’s Editorial Policies states, “Section 31 (2) of the ABC Act (see Appendix 1) permits the ABC to broadcast announcements relating to any of its activities including ABC programs, concerts, other public entertainments and services and the range of ABC Enterprises product and activities.
Section 15.4.3 states, “Broadcast announcements relating to ABC Enterprises products or activities may identify a specific product or be generic in nature. Only products or activities that bear an ABC logo or trademark or are directly related to ABC content may be the subject of specific broadcast announcement.”
The book has an ABC logo.
Accordingly, while noting your concerns, Audience and Consumer Affairs are satisfied the broadcasts are in keeping with the ABC’s editorial standards for impartiality and balance.
Thank you for taking the time to write; your feedback is appreciated. For your reference, a copy of the ABC Code of Practice is available at: http://www.abc.net.au/corp/pubs/documents/200806_codeofpractice-revised_2008.pdf .
Yours sincerely
MM
Audience & Consumer Affairs
From: Marc Hendrickx
Sent: Tuesday, 26 October 2010 3:25 PM
To: ABC Corporate_Affairs11
Subject: Re: Promotions for Why Men Are Necessary
Sent: Tuesday, 26 October 2010 3:25 PM
To: ABC Corporate_Affairs11
Subject: Re: Promotions for Why Men Are Necessary
Thankyou for your reply,
Can you please clarify the legal provisions under the ABC charter and act that permit this blatant misuse of tax-payer funds.
Regards
Marc Hendrickx
On Tue, Oct 26, 2010 at 4:10 PM, ABC Corporate_Affairs11 wrote:
Dear Mr Hendrickx,
No I cannot. As I explained, the Act, which was passes by Federal Parliament, and the Editorial Policies, which have been approved by the board, allow it. If you think it’s a misuse of taxpayer funds for ABC Enterprises to make money, then perhaps you should discuss it with your local MP.
Yours Sincerely
MM
Audience & Consumer Affairs
From: Marc Hendrickx]
Sent: Tuesday, 26 October 2010 6:20 PM
To: ABC Corporate_Affairs11
Subject: Re: Promotions for Why Men Are Necessary
Sent: Tuesday, 26 October 2010 6:20 PM
To: ABC Corporate_Affairs11
Subject: Re: Promotions for Why Men Are Necessary
Dear MM,
You mis-represent my complaint. I have stated nothing in relation to ABC enterprises making money, despite the inherent contradictions and potential conflicts of interest this entails, with respect to a potential mis-use of public funds. I do have some concerns about ABC staff inappropriately marketing their own wares using tax payers money in apparent contradiction to ABC's Code of conduct section 3.1 which states in part: "In the course of their employment, ABC employees will: use ABC resources in a proper manner." Mr Glover's heavy promotion of a product in which, according to your response, he has a vested interest, raises questions as to whether ABC resources have been used in a proper manner. Mr Glover's commercial interest in the book also raises concerns about a conflict of interest on the part of Mr Glover. I am unaware of other ABC staff promoting their wares as heavily as Mr Glover has done. You have stated that the terms of the contract between ABC and Mr Glover are commercial in confidence, however under section 9.1.2 ABC employees have a duty to declare a conflict of interest. In light of this and given the heavy promotion of the book, the precise nature of the commercial arrangements between ABC and Mr Glover in relation to how profits are shared, should be disclosed to ABC's audience. As section 9.1.4 of ABC Code of Conduct states: "In general, employees should endeavour to avoid situations where a conflict of interest would arise". I maintain that Mr Glover's commercial interest in the book represents a conflict of interest of a financial nature, and as such, any promotion of the book in question by Mr Glover on 702 would breach ABC's code of conduct.
In light of the information you have provided, can you please further weigh the complaint against sections 3.1, 9.1.2 and 9.1.4 of ABC's code of conduct.
Please note this correspondence may feature on ABC NEWS WATCH. Note also I have CC'd head of ABC Audience and consumer affairs, Senator Fierravanti-Wells and ABC Chairman Maurice Newman.
Regards
Marc HendrickxOn Wed, Oct 27, 2010 at 4:21 PM, ABC Corporate_Affairs6 wrote:
Dear Mr Hendrickx,
In answer to your earlier question, section 31 of the Australian Broadcasting Corporation Act 1983 relates to advertisements. Sub-section 31(1) provides that the Corporation shall not broadcast advertisements; sub-section 31(2) states that this does not prevent the Corporation from broadcasting “any announcement relating to any activity or proposed activity of the Corporation”.
Section 15.4 of the ABC’s Editorial Policies provides guidance and standards for staff in relation to announcements about ABC activities. As MM has explained, the book "Why Men Are Necessary and More News from Nowhere" is published by ABC Books and is being sold in ABC shops. It is an ABC activity. MM has provided excerpts from section 15.4 which indicate that announcements for Mr Glover’s book are able to be broadcast on 702 ABC Sydney without infringing Editorial Policies. A further relevant requirement is set out in section 15.4.11, ‘Announcements about activities which result in financial benefit to the presenter may not be broadcast within that presenter’s regular program’. (It's actually15.4.6- see ABC ED POL) Should you wish to make a complaint that an announcement for Mr Glover’s book has been broadcast within the 702 ABC Sydney Drive program, Audience and Consumer Affairs will investigate your concerns. However, we have no role in investigating complaints about compliance with the ABC’s Code of Conduct. Any such complaints about Mr Glover’s conduct would be best directed to ABC Radio in the first instance.
Yours sincerely,
KM
Head, Audience and Consumer Affairs
From: Marc Hendrickx
Sent: Wednesday, 27 October 2010 5:19 PM
To: ABC Corporate_Affairs6
Sent: Wednesday, 27 October 2010 5:19 PM
To: ABC Corporate_Affairs6
Subject: Re: Promotions for Why Men Are Necessary
Dear KM,
Just to clarify I wish ABC Audience and consumer affairs to judge the complaint against ABC Editorial Policies Section 15.4.6 Announcements about activities which result in financial benefit to the presenter may not be broadcast within that presenter’s regular program. For Richard Glover's promotion of his book on his Drive Program
and
Section 15.4.11
Online announcements for activities which result in financial benefit to a
presenter may not be hosted on that presenter’s profile page. for Richard Glover's promotion of his book on the DRIVE web page.
Regards
Marc Hendrickx
On Thu, Oct 28, 2010 at 9:18 AM, ABC Corporate_Affairs6 wrote:
Dear Mr Hendrickx,
Are you able to provide the date/s and approximate time when you heard announcements for Mr Glover’s book on the Drive program?
Yours sincerely,
KM
Head, Audience and Consumer Affairs
On Thu, Oct 28, 2010 at 11:25 AM
Dear KM,
Mr Glover has been plugging his book throughout the week between 25/10/2010 to 29/10/2010 3pm-6pm. I recall a discussion between Mr Glover and Adam Spencer regarding a contest for tickets to this Friday's TGIF which features a "Soiree" for Mr Glover's new book. This occurred on Tuesday 26/10/2010 approx. between 4 and 5pm-check with Drive producers for the precise time. This was a gratuitous plug for Mr Gover's book. The topic of the contest is for listeners to provide a reason why "men are necessary" hence promoting Mr Glover's new book in order to gain entry to TGIF and the "Soiree". See screen shot attached.
In addition please find a screen capture the Drive website promoting Mr Glover's new book, this in apparent breach of 15.4.11.
It appears this weeks TGIF will be used as a promotions vehicle for Mr Glover's new book, in apparent breach of 15.4.6.
Regards
Marc Hendrickx
From: Marc Hendrickx
Sent: Thursday, 28 October 2010 9:13 PM
To: ABC Corporate_Affairs6
Subject: Re: Promotions for Why Men Are Necessary
To: ABC Corporate_Affairs6
Subject: Re: Promotions for Why Men Are Necessary
Dear KM,
I also note that the book in question is published by Harper-Collins Australia. I understand that revenue from the sale of ABC Books is also shared by HarperCollins – with which the ABC has a commercial agreement. This was not disclosed in correspondence with MM and has a bearing on the complaint, as promotion of a book published by Harper-Collins will obviously be of benefit to Harper-Collins.
Regards
Marc Hendrickx
from 
ABC Corporate_Affairs7
ABC Corporate_Affairs7 to Marc Hendrickx
date Fri, Dec 17, 2010 at 10:10 AM
Fri, Dec 17, 2010 at 10:10 AMsubject Re: Promotions for Why Men Are Necessary
Re: Promotions for Why Men Are NecessaryDear Mr Hendrickx,
Thank you for your emails of 27 and 28 October and 9 November. Audience & Consumer Affairs has now investigated your concerns and I am able to respond substantively.
Scope of investigation
I should first clarify the scope of our investigation.
Although in one of your emails you referred to Drive presenter Richard Glover "plugging his book throughout the week between 25/10/2010 to 29/10/2010 3pm-6pm", we have not reviewed the five programs in their entirety. Instead, we have reviewed the particular example you cited of Mr Glover talking to Adam Spencer on 26 October, and assessed it against section 15.4.6 of the Editorial Policies. In relation to the rest of the content on Drive that week, ABC Radio has advised that no specific, stand-alone promotions for Mr Glover's book 'Why Men Are Necessary' were broadcast.
We have also reviewed the online content you referred to and assessed it against section 15.4.11 of the Editorial Policies.
26 October broadcast
The segment featured a discussion between Mr Glover and Mr Spencer, followed by some further comments from Mr Glover in the lead-up to the news. The discussion alerted listeners to a competition to win tickets to the 'Thank God It's Friday' show and 'Why Men Are Necessary' book launch soiree on 29 October. Attendees of the soiree would also receive a free copy of the book. The competition required male listeners to email Adam Spencer with reasons they are necessary and female listeners to email him with reasons men are necessary in their lives.
Although the focus of the segment was on the competition, the nature of the competition meant that discussion of the book was unavoidable. The book was mentioned several times, and its central concept of whether and why men are necessary was discussed throughout the segment. At one point, after his conversation with Mr Spencer concluded, Mr Glover explained the origin of the book's title and concept.
The book is itself an activity which results in financial benefit to Mr Glover. Although I understand Mr Glover did not receive direct payment for his involvement, the soiree - as an event designed to launch and celebrate his book - was an activity which indirectly resulted in financial benefit to him.
The segment was clearly intended as an announcement for the competition. However, having regard to the nature of the competition and the content of the segment, Audience & Consumer Affairs considers that the segment also had the indirect effect of promoting both the book and the book launch soiree. Accordingly, it did not adhere to the requirements of section 15.4.6 of the Editorial Policies. Please be assured, this matter has been raised with ABC Radio management.
Online content
You provided screenshots of two pages: the TGIF page and the 702 ABC Sydney Competitions page. Neither of these pages are Mr Glover's profile page, which is available here: http://abc.net.au/profiles/content/s1869502.htm. This profile page does not contain announcements for activities which result in financial benefit to Mr Glover.
Furthermore, Audience & Consumer Affairs does not consider that the brief references to the book and the book launch soiree on the TGIF and Competitions pages constituted announcements about either activity.
On review, we are satisfied that the content did not contravene the requirements of section 15.4.11 of the Editorial Policies.
Thank you for bringing your concerns about these matters to our attention.
Yours sincerely
SM
ABC Audience &Consumer Affairs
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