HOW TO COMPLAIN

What types of complaints does the Council consider?

The Ontario Press Council deals with:
1. Unsatisfied complaints from the public about the conduct of a newspaper in gathering and publishing news, opinion and advertising; and
2. Complaints from members of the press about the conduct of individuals and organizations toward the press.

Who can complain about a newspaper?
Any individual or organization directly affected by matters of which they are complaining may approach the Press Council. Anonymous complaints will not be accepted. Occasionally, the Press Council considers complaints from third parties (people not directly affected) but only where the complainant raises a significant issue of press ethics.

Do I need to contact the newspaper with my complaint?
Yes. The Press Council will deal with a complaint only after:
1. The newspaper has been given an opportunity to resolve the complaint.
2. The action taken by the newspaper has failed to satisfy the complainant.
3. Intervention by the Press Council’s Executive-Secretary or the Chair has failed to resolve the issue.

Does the Council address all complaints?
It reads all complaints, but does not always decide to act. To be considered, a complaint must focus on a specific instance or example in which you believe the newspaper has violated ethical standards. The Press Council does not consider complaints or matters where complainants may in any way involve a legal action, whether launched, threatened or in prospect. The Council has complete and absolute discretion about whether or not to hear any complaint.

Where can I get information about journalistic standards so I know if it is reasonable to make a complaint?
The Press Council does not currently have its own code of practice but several sample codes are published on our website (www.ontpress.com) to provide a broad idea of industry standards. As well, the website includes summaries of past decisions, which should provide some guidance on the kinds of complaints the Council sees as reasonable.

What if the paper refuses to print my letter to the editor?
Newspapers are often inundated with letters to the editor and there is no obligation for them to print every one that they receive. The Press Council may not order them to do so.

What if they print my letter but not as I wrote it?
Newspapers may edit a letter for length, clarity, taste or legal reasons but will generally attempt to safeguard the intent. The Council may consider complaints that the broad meaning of a letter has been altered.

What if my complaint is about columns, editorials or cartoons?
The Press Council allows writers broad leeway to express viewpoints and will not usually adjudicate a complaint about an opinion. It may consider uncorrected factual errors, or “unnecessarily hurtful language” among its criteria.

What if all I want is an apology?
The Press Council cannot obligate a newspaper to make an apology, but the Council’s findings are made public.

When must my complaint be filed?
A complaint must normally be filed within 45 business days from the date on which the article giving rise to the complaint was published.

If I haven’t been able to resolve the problem with the newspaper on my own, how do I proceed?
You may write a letter to the Ontario Press Council describing the specific nature of your complaint. Include your evidence, such as a copy of an article and your correspondence with the newspaper.

How much detail does the Press Council need?
A crisp summary of the problem is better than dozens of pages. Should your complaint end up at a hearing, you will have the opportunity to submit (and present) additional information.
The formal written complaint should include:
• The name, address, phone number and email address of the complainant.
• An explanation of the complaint, issue or concern and a concise summary.
• A copy of the newspaper article, cartoon, picture, editorial or advertisement.
• Copies of any additional material the complainant wishes to include.

What happens after I send in my complaint?
First, we forward a copy to the newspaper in question, offering the paper a chance to resolve the matter by responding to you directly. We normally allow the newspaper 15 business days to respond.
If it does not answer, or you are unhappy with the response, the Ontario Press Council’s executive committee will consider whether the complaint should be adjudicated. If the executive committee favours adjudication, the complaint goes directly to a hearing. If the executive committee decides a hearing is not warranted, the full Council will study your complaint at its next meeting. It may overturn the executive committee and order a hearing, or it may agree with the decision not to adjudicate.

May I appeal a decision not to adjudicate my complaint?
No.

Do I need a lawyer?
No. In fact, the Press Council will not accept legal submissions or legal representations from either side. This is not a court of law; complaints to the Press Council are strictly between the individual (or organization) and the newspaper. Complainants may be required to sign a waiver agreeing not to pursue legal action.

What will this cost me?
There is no charge to file a complaint. Most complaints normally only involve modest expenses for stationary and postage. Council may reimburse complainants for reasonable travel expenses related to attendance at a hearing.

What do I need to do before the hearing?
Ensure your written evidence has been submitted within 10 days of the hearing and prepare your oral presentation. At the hearing you may read from notes if you desire.

What should I bring to the hearing?
The panel members and the newspaper have reviewed the evidence that you supplied in advance so there is no need to bring additional copies. You may bring any notes you require to make your presentation and explain your position.

Who can attend hearings?
When possible, hearings are conducted in public; we particularly encourage journalism students to attend, but you and the newspaper must consent in writing if members of the public are likely to be present. The panel chair may opt to close the hearing if he/she feels it is warranted.

Can I bring along others with the same or a similar complaint?
If a hearing is scheduled, only your original complaint will be considered. You may bring one or two supporting witnesses and they may speak briefly but you must provide their names prior to the hearing. The chair of the hearing, however, has full discretion over who attends and speaks. Any additional materials they have must be provided 10 days prior to the hearing.

Who is on the hearing panel?
The panel of five consists of three public – i.e. non-newspaper – Press Council members and two newspaper members. The chair is a public member. The journalistic members are not employed by the newspaper about which you are complaining.

Will I be able to meet the reporter/columnist I am complaining about at the hearing?
Typically the newspaper is represented by a senior editor. There is no obligation for the columnist or reporter to attend the hearing. The Council considers every complaint to be against the newspaper involved, not against a member of its staff.

How does the hearing proceed?
Hearings usually last an hour. The hearing is attended by the complainant, representative(s) of the newspaper, the hearing panel members, and the Executive- Secretary of the Ontario Press Council. The hearing is informal; no one is sworn in, but the hearing is structured as follows:
• The complainant has roughly 10 minutes to present the complaint with any evidence and comments.
• The newspaper has the same amount of time to present its case.
• The complainant has up to five minutes to rebut.
• The newspaper has the same opportunity to rebut.
• Panel members ask any questions they have of either party for up to 20 minutes.
• The complainant and the newspaper may make a brief closing statement.

There is no direct exchange between the complainant and newspaper. Immediately after the hearing, the panel meets in private to decide whether to uphold or dismiss the complaint. The panel’s recommendation is presented at the next full Council meeting for its approval.

When will I know the result?
The hearing panel must take its recommendation to the full Ontario Press Council, which meets three times a year. You will know the results shortly after the full Council meeting.

May I appeal the result?
No.

What is the newspaper required to do if my complaint is upheld?
When the Council reaches its decision, a press release and a text of the adjudication are issued, copies of which go to the complainant. If a complaint is upheld, the newspaper is obligated to publish a fair account of the decision and the text of the adjudication in the paper. If the complaint is dismissed, the newspaper may print a brief item in the paper and the full adjudication on its website. Other media may also decide to report on the adjudication.

HOW TO RESPOND

What should a newspaper do if it receives a complaint that has been forwarded to the Ontario Press Council?
The Press Council hopes newspapers and complainants will be able to resolve disagreements without Council’s involvement. If you have not already communicated with the complainant to see if the problem can be cleared up, please do so as quickly as possible. Many complaints that come to the Press Council can be resolved locally if the newspaper deals respectfully and promptly with the initial complaint.

If the Ontario Press Council forwards a complaint to you, unless there are unusual circumstances, you will be given 15 business days to respond to the complainant, with a copy of your response also sent to the Press Council. After that time, if there has been no resolution, the complaint goes to the Press Council’s executive committee to consider whether a hearing should be held.

If the executive committee rules against a hearing, is that the end of it?
Not necessarily. Full Council will review the complaint; it may opt to hold a hearing regardless of the executive committee’s recommendation.


What should my newspaper do if a hearing is scheduled?
Since you will be asked to explain or defend the article(s) being complained about, you should gather any information you need in order to do so. If you wish to table written evidence, send it to the Council at least 10 business days prior to the hearing; the complainant will be asked to do the same so that all parties can share the required background information before the hearing.


How does a hearing work?
Please see the section under “How to Complain” detailing the hearing process.

What happens when the Council makes a ruling?
If a complaint against you is upheld, your responsibility is to publish in the newspaper a fair and comprehensive report, including the text of the adjudication; and either to do the same when a complaint has been dismissed or to publish a fair report of the decision with a link to the full adjudication on your website. Member newspapers are also encouraged to report on all other press releases from the Council.

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