SKY NEWS, THE AUSTRALIAN AND DAILY TELEGRAPH APOLOGY TO
ABORIGINAL
AND TORRES STRAIT ISLANDER DANCE GROUP AND ITS MEMBERS
Sky News, The Australian and the Daily Telegraph apologised last night to our clients, an Aboriginal and Torres Strait Islander Dance Group and its members for using their photograph in an unrelated news report. The three news groups also apologised for the manner in which they published the photo, which caused significant hurt and distress. Our Senior Associate, Stewart O'Connell, received a successful settlement in the media defamation case for our clients.
Media defamation: Seeking apology from news outlets
In April 2019, Miriki Performing Arts in Cairns, QLD, allowed a photographer from the Cairns Post to take a photograph of nineteen Aboriginal and Torres Strait Islander children. These children were dancers with Miriki. The group were promoting Miriki's show, Jina's Journey, which was part of the Children's Festival in Cairns.
The children came from areas in and around Cairns and Innisfail in North Queensland; and from a range of backgrounds, including Kamilaroi, Yidinji and Mamu. The children were adorned with paint designs that were the cultural property of Mandingalbay elder, Mr. David Mundraby.
Media outlets apologise for wrongful use of photo
On 17 October 2023 Sky News, The Australian and the Daily Telegraph published this photo as part of a report about comments made by Senator Jacinta Nampijinpa Price. In the report, the Senator said that the voting down of a Royal Commission into the sexual abuse of Indigenous children is "real racism".
"Our young dancers and their parents and families were disgusted, ashamed and angry that these children's images were used nationally in a story about the sexual abuse of children. A story they had no connection to whatsoever. I cannot remember there ever being a time that this occurred with white children, so it makes us feel like the country places less value on Aboriginal and Torres Strait Islander children."
– Director of Miriki Performing Arts, Pauline Lampton.
Our firm represent the Aboriginal and Torres Strait Islander people in the media defamation case
"The use of images of Aboriginal and Torres Strait Islander people in this manner, especially those of children, has no place in responsible journalism. This incident illustrates how media outlets often approach the depiction of Aboriginal and Torres Strait Islander people; with no respect for context or the real people behind the pictures.
The circumstances of this particular publication created deep hurt not only to the children portrayed and their immediate families, but to their communities and the broader Indigenous community. We hope that the public apologies will serve as a reminder to all media outlets to think twice as to how they use images of Aboriginal and Torres Strait Islander people in their reporting; and put media outlets on notice that there will be consequences if they use such images in a manner that is disrespectful and deplorable.
It is disappointing that the apologies will be made at 7pm on the Friday of a long weekend despite requests for them to be made earlier in the day or on a weekday next week so that more people could see them."
– Stewart O'Connell, O'Brien Criminal & Civil Solicitors, Legal Representative of Miriki Performing Arts, the children in the photograph and Mr. David Mundraby.
Our clients received the apologies and a confidential settlement in the media defamation case.
Read our other successful Defamation Case Studies.
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