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Reporting of First Nation Deaths in Custody

The continued “ethical failure” (Bacon, 2015, p. 17) of mainstream media to scrutinise grossly over-represented First Nation deaths in custody and report with “impartiality and diversity of perspective” (Australian Broadcasting Corporation, 2021) – has relegated “Aboriginal people to the fringes of society” (p. 18).

Contextually considering Indigenous Australians are the most incarcerated people on earth (Fazal, 2019), with 493 deaths under state protection occurring since the 1991 RCIADIC (Payne, 2021); journalists are ethically responsible to “keep the issue in the public sphere” (p. 36). The MEAA Code of Ethics preamble describes journalists’ obligation “to inform citizens and animate democracy” (Media Alliance Code of Ethics, 1994), reinforced by Curran; “they scrutinise power, but also exercise it…and should be accountable” (Curran, 2002, p. 247, as cited in Bacon, 2015, p. 19). Despite 79% of journalists agreeing (Scultz, 1998, p. 51, as cited in Bacon, 2015, p. 19), research suggests media has “systematically…failed” (Thomas et. al, 2020, as cited in Newman, 2022) to pressure government to implement the RCIADIC’s 339 recommendations over thirty-one-years (RCIADIC, 1991, as cited in Bacon, 2015, p. 21). While Floyd’s U.S. death received mass headlines (Mason, 2021), the UN are investigating why Australian David Dungay’s cries of “I can’t breathe” were underreported (Dungay, 2015, as cited in Davidson, 2020). Factavia data reinforces “Australians receive almost no information about [Indigenous] deaths” (Factavia, 2015, as cited in Mason, 2020, p. 203).

The APC’s Statement of Principles ensure ethical “fairness and balance” (Australian Press Council, 2014, p. 2) in reporting – yet media’s reliance on authoritative non-Aboriginal sources creates a “false impression” (p. 2005) of stories. Of the fourteen Aboriginals who died in custody between 1993-1994, no mainstream media except the ABC reported this “racist violence” (The Voices, 1993, as cited in Bacon, 2015, p. 28). Opposing the ABC’s standard for a “spectrum of views” (Australian, Broadcasting Corporation, 2018, p. 8), news neglected to “quote key Aboriginal sources…involved in the issue” (p. 214) including Mick Dodson’s call for action. All stories published also rated “less than 100 words” (p. 32) and remain “invisible to the broader community” (p. 11) through their short forms today.

JERAA reports “the media has lapsed into a passive rather than an active role” (Journalism Eduction & Research Association of Australia, 2021) by “amplifying fear of crime” (p. 26) and Aboriginal stereotypes in television. Crime comprises 24.4% of Channel Nine’s bulletin (Turner, 2005, p. 105, as cited in Bacon, 2015, p. 26), with their language choices distorting perceptions of victims as “criminal or dysfunctional” (p. 27). Further ethical restrictions of subjudice contempt in restricting the publication of cases has limited Aboriginal communities and press using media complaints mechanism to provide “diversity of perspective” (p. 8).


As Indigenous deaths in custody increase ten-fold, this ethical dilemma requires more diverse and informed reporting to animate representative democracy.

Reference List

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Bacon, W. (2005). A case study in ethical failure: Twenty years of media coverage of Aboriginal deaths in custody. Pacific Journalism Review : Te Koakoa, 11(2), 17-41. https://doi.org/10.24135/pjr.v11i2.838

Bacon, W. (2021). Thirty years on: How well has Australian media covered deaths in custody?. Retrieved 15 March 2022, from https://wendybacon.com/2021/Deaths.

Dillon, A. (2021). Thirty years on from the royal commission, let’s set the record straight on deaths in custody. Smh.com.au. Retrieved 13 March 2022, from https://www.smh.com.au/national/thirty-years-on-from-the-royal-commission-let-s-set-the-record-straight-on-deaths-in-custody-20210405-p57gp8.html.

Fazal, M. (2019). Indigenous Australians Are the Most Incarcerated People on Earth. Vice.com. Retrieved 18 March 2022, from https://www.vice.com/en/article/a3bdzp/indigenous-australians-are-the-most-incarcerated-people-on-earth.

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Indigenous Law Resources. AustLII. (1983). Retrieved 13 March 2022, from http://www.austlii.edu.au/au/other/IndigLRes/rciadic/national/vol5/5.html.

Mason, B. (2020). Reporting Black Lives Matters: Deaths in custody journalism in Australia. Pacific Journalism Review : Te Koakoa, 26(2), 202-220. https://doi.org/10.24135/pjr.v26i2.1129

Mason, B. (2021). Australia's news media play an important role reminding the country that Black lives still matter. The Conversation. Retrieved 13 March 2022, from https://theconversation.com/australias-news-media-play-an-important-role-reminding-the-country-that-black-lives-still-matter-161412.

Media, Entertainment & Arts Alliance. (2022). Media Alliance Code of Ethics (pp. 1-1). Retrieved from https://www.abc.net.au/mediawatch/transcripts/0921_meaaethics.pdf

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