"For the Record"

A response from the Washington News Council

On June 14, 2003, the Washington News Council held a complaint hearing about KIRO TV's four-part investigative news story on "downer" cattle, which aired in October and November 2002.  KIRO made it quite clear to the WNC shortly after receiving the complaint and then immediately prior to the June 14 hearing that it would not participate in our process. 

Rather than taking advantage of the opportunity to clarify issues raised in the complaint, KIRO chose a shoot-the-messenger approach, and attacked the integrity of the Washington News Council.  KIRO has taken a position that they, and maybe all news media outlets, are above independent scrutiny, except in extreme cases of alleged libel or defamation.  The Council believes that this position is ill considered and mistaken, because the courts are the last place that the public or the media should turn to as the protector of journalistic integrity.

The Council greatly regrets KIRO's decision not to attend the hearing, or to even engage in our dispute resolution process.  We believe strongly that democracy is well served when the news media and citizens engage in a dialogue about the real-life practice of journalism.  By declining to participate in the hearing, KIRO passed up the opportunity to respond to specific questions about its story and to explain its editorial decisions and policies, not only to the Commissions and Midway but also to the general public.

The mission of the Washington News Council is to help maintain public trust and confidence in the news media by promoting fairness, accuracy, and balance.  The WNC provides a forum where citizens and journalists can engage each other in discussing standards of media ethics and performance.  We have been called an "outside ombudsman" or even a "better business bureau" for the news media in Washington State.  One way in which the News Council fulfills its mission is through the resolution of complaints from individuals or organizations who believe that they have been damaged by specific news stories about them.

In late March of this year, the Washington Dairy Products Commission, the Washington State Beef Commission, and Midway Meats, Inc. (a Chehalis slaughterhouse and meat processor), filed a complaint with the WNC.  The complaint concerned a four-part news story aired by KIRO-TV on Oct. 31 and Nov. 1, 2002.  The complaint alleged factual misinformation; inappropriate journalistic practices; and damage to the public interest and to the reputations of Midway Meats, the beef and dairy industries in the State of Washington, and the U.S. Department of Agriculture.  In the two and one-half months since the complaint was filed, the Commissions, Midway, and KIRO were unable to resolve their differences.  Having previously found that the complaint met our acceptance criteria because it raised serious questions of journalistic performance and ethics, the Council scheduled and then held a hearing on the matter.  Although KIRO chose not to attend the hearing, its position was represented by the written materials that it had made public in the days prior to June 14.

The Beef and Dairy Commissions and Midway Meats raised substantial questions about the accuracy of the reporting.  For example, KIRO news anchor Steve Raible stated during the 5:00 PM broadcast on October 31, "A KIRO investigation discovers an explosive story about meat from dying, sick, and diseased cows getting into your food," a story that Raible characterized as "the ugly truth about the meat you eat."  KIRO asserts that it verified each fact in its broadcasts, but the Commissions and Midway pointed out that nothing in KIRO's broadcasts beyond assertions by Raible and reporter Chris Halsne backed up this statement.  The Commissions also questioned the fairness of KIRO's reporting, contending that neither they nor any other representative of their industries were interviewed or even contacted before the story ran.  On the other hand, KIRO claims that the Commissions refused to be interviewed.  When such clear-cut discrepancies arise, and the parties themselves are not able to resolve them, then we believe that review of the situation by an independent body is appropriate.  Conducting such reviews is one of the functions of a news council. 

At the conclusion of the hearing, by recorded vote, the Council largely upheld the complaint, agreeing with the Commissions and Midway that the stories were materially inaccurate, unfair, and imbalanced.  However, it agreed with KIRO that public health was not endangered by the reports.  And the Council was divided, 7-3, with five members abstaining, on whether the state's beef and dairy industries and Midway Meats were damaged by the stories.  A summary of the hearing and the vote tally have been released to the news media and posted on the WNC's website.  The proceedings were taped by TVW, have already been aired more than once, and will be available on VHS videocassette.

The WNC's credibility rests on its founding board, its past and present members, its procedures (and adherence to them), and its performance.  All of these are matters of public record, and the people involved have put their reputations and credibilities on the line in pursuit of the Council's mission and values.  (For complete information about the Washington News Council, see www.wanewscouncil.org.)

KIRO suggests that the only proper venue for complaints about its news reports is a court of law, where the proceedings are governed by clear laws and procedural rules.  We disagree.  Because of the cost and duration of litigation, the courts are not an accessible venue for most people with complaints, and a libel or defamation suit can only be economically justified when the plaintiff has the reasonable promise of winning a large monetary award.  The Council's complaint resolution process is an alternative to litigation, and is governed by long-standing and time-tested procedures that are available for public review.  Individuals and groups who bring complaints to the Council specifically waive their rights to sue, which eliminates any downside of media participation in our process.

The Council does not initiate any proceedings, and is not a "watchdog" of any sort.  The WNC only takes up complaints that are brought to it, and accepts only some of the complaints that it receives.  The goal of the Council's complaints process is to obtain a resolution of the matter, by either private agreement of the parties or vote of the Council at a public hearing.  The WNC does not have any ability to impose an agreement upon the parties, or even to compel their participation in the resolution process.  Decisions rendered in WNC hearings are advisory to the public, and represent the common-sense conclusions of independent journalists and citizen leaders.  We have never seen a persuasive argument that a news council in any way threatens the right to a free press protected by the First Amendment to the U.S. Constitution, and the assertion that the WNC complaint resolution process amounts to any form of censorship is unfounded.

For the Council to complete our public service mission of complaints resolution, it is important that both sides be aired.  In the future, we hope that news media organizations, including KIRO-TV, will participate in our process, attend the hearings, and report the results, as has been the practice for more than 30 years with our model, the Minnesota News Council, and the many other news and press councils around the world.  Especially during these troubling times for journalism, the WNC remains dedicated to helping to maintain public trust and confidence in the news media.

We invite you to review this case and we would welcome your comments. Send them to info@wanewscouncil.org.

Thank you for your interest in the Washington News Council.

Sincerely,

ROBERT UTTER, chairman
EDDIE REED, president
CYRUS KROHN, vice president
CARVER GAYTON, treasurer
SUE FRAUSE, secretary

(For the Washington News Council.)

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NOTE: The hearing was filmed and broadcast by TVW. See www.tvw.org for rebroadcast schedule.

A VHS-format videotape of the hearing is available from the WNC on request. 

For additional information about this matter, please see the following websites:

       *  Washington News Council -- www.wanewscouncil.org

       *  KIRO-TV -- www.kirotv.com

       *  Washington State Beef Commission -- www.wa.beeftips.com

       *  Washington State Dairy Products Commission -- www.cowtv.com