2009/6 gegrond Beslissing van de Raad voor de Journalistiek inzake de klacht van UAI
2009/6 well-founded Decision of the Council for Journalism on the complaint from United Adoptees International Netherlands Foundation.
against the editor-in-chief of the Adoption Magazine By letter of 29 October 2008 with six appendices, mrs. J. Hansink, vice-chairman, on behalf of Stichting United Adoptees International Nederland in Sint-Michielsgestel (hereinafter: the complainant) filed a complaint against the editor-in-chief of the Adoption Magazine (hereinafter: defendant). P.M. Benders, chairman of the editorial board and director of the Adoption Facilities Foundation in Utrecht, answered on behalf of the defendant in a letter dated 1 December 2008 with three appendices. The case was dealt with at the Council meeting on 12 December 2008. On behalf of the complainant, H. Westra, chairman, and the aforementioned Hansink appeared there. On behalf of the defendants, mrs. L. Waanders, editor-in-chief, appeared, accompanied by the aforementioned Benders. Hansink explained the complainant's position on the basis of a pleading. Due to the sudden absence of one of the members of the Council, the parties have requested that they do not object to the chairman and three members handling the case. THE FACTS In the Adoption Magazine No. 2 of 2008, an article appeared by Waanders under the heading "The trap of involvement" under the heading "The trap of involvement" with the subtitle "An investigation that does not cover the title" (hereinafter: the article). The lead of the article is: “Barely a day after the publication of the Kalsbeek commission report, United Adoptees International (UAI) opened the attack on the commission. Strangely enough, it was not the conclusions and recommendations that it had to suffer, but the alleged partiality of the committee, which would appear from its composition. The integrity of a number of committee members was questioned, their expertise ignored. A week later, four students from the "Social Legal Services" course at the Hogeschool van Amsterdam presented their graduation thesis: "Intercountry Adoption: child protection or child trafficking?" UAI sponsored this study. "
The article also includes the following passages: "The students operating under the JJAG Research Group named their report" Intercountry Adoption: Child Protection or Child Trafficking? ". Their main research question, however, is: "Should the Netherlands continue to apply current laws and regulations with regard to intercountry adoption, since this leaves room for abuses and lack of clarity in the role of the organizations involved?" or suspicion from outside. Everything - but especially the report itself: position, discussed cases and sources - seems to point to the latter. Much of what has been written can be traced back to the spearheads and the reasoning and argumentation of the UAI. ” and "The UAI in the person of Hilbrand Westra, however, should have known better. At least in two respects. His attack on a number of members of the Kalsbeek commission was not pure yet, but is even quite hypocritical due to his own role as sponsor and gossip in the research of the students of the Hogeschool van Amsterdam. It is also serious that once again - after all the previous statements in the media - he directs and manages an alleged relationship between adoption and child trafficking. Abuses occur at intercountry adoption in different degrees and at different moments in the procedure, and more than any person involved - personally or professionally - is dear. To expose that and expel it in the long term apparently requires an objectivity and expertise that cannot be attributed to experience experts. ”
PARTIES VIEWS The complainant states first and foremost that she wants adopted persons to be seen as full partners in the (inter) national adoption debate. It strives for a proportional representation of adopted persons as a discussion partner for governments, authorities and adoption organizations. According to the complainant, the article discredits her and her president Westra. The complainant finds content criticism to enter into dialogue more than welcome. However, the defendant wrongly failed to hear a reply with regard to the contested publication, so that it was denied the opportunity to respond to the allegations, according to the complainant. It considers that the sole purpose of the article was to make known the personal grievances and aversion to the complainant, in the person of Westra, and to damage the complainant's good name. The complainant points out that she works with various organizations from the adoption field, including various adoptive parent associations. Many adoptive parents receive the Adoption Magazine. The article may, by creating a negative impression on the complainant, complicate or even prevent future cooperation with the aforementioned associations. At the hearing, the complainant adds that, although the defendant argues that this is an opinion article, this does not mean that no rebuttal can be omitted. The complainant also wonders whether the article can be regarded as an opinion piece. According to the complainant, given her position as editor-in-chief and final editor, Waanders should have stated more clearly that this article only concerns her personal opinion and is not based on any authority by virtue of her position. In view of her experience within the adoption field, it cannot be other than that Waanders was aware of, or should have been, the fact that the publication of her article could (could) negatively influence the position of the complainant within the adoption field. Careful consideration of interests has not been demonstrated. The complainant points out that in the article, in the person of Westra, she is accused of hypocritical behavior. The concluding remarks "that objectivity and expertise are qualities that cannot be attributed to all experienced experts" clearly relate to the complainant and Westra.
The respondent states - summarized - that this is an opinion article and that the publication mainly concerns the author's personal vision, whereby factual reporting is not a priority. The intention and nature of the article are sufficiently clear to the average reader. The article contains no qualifications for journalism that are unacceptable, according to the defendant. He further states that, in principle, this type of publication does not need to be heard. The defendant is of the opinion that the complainant's interests were not so seriously affected that a rebuttal was still required. In addition, the defendant observes that the complainant seeks publicity in all possible ways, while not avoiding hefty statements. She could have expected a publication like this. Moreover, the importance of publication has been carefully weighed against the interests that could possibly be harmed by the article. Finally, the defendant notes that Westra already sent his commentary on the article to a selection of players within the adoption field in July. This means that the complaint is actually "mustard after meals," according to the defendant. COMPLAINT ASSESSMENT The core of the complaint is that the defendant wrongly failed to apply rebuttal. The Council first of all states that when publishing accusations, the journalist should investigate whether there is a sound basis for the accusations. Furthermore, if this is reasonably possible, the journalist applies rebuttal to those involved who are disqualified by a publication. The accused is given sufficient opportunity, without undue pressure of time, to respond to the allegations preferably in the same publication. (see point 2.3.1. of the Council Guideline) The principle of rebuttal does not apply to publications that contain a personal opinion (for example columns, reviews and opinion submissions). Nevertheless, such a publication can affect someone's interest in such a way that it is necessary to be heard. (see point 2.3.4. of the Guideline)
Furthermore, the Council considers that a journalist is free to express his opinion on a particular fact, provided that it is clear that this is his personal opinion. However, that did not happen here. The disputed article was not posted and formatted as a column or opinion piece, and also contains factual reporting. Thus, in the opinion of the Board, there is no question of a publication that, in principle, does not require a rebuttal. (cf. CoE 2006/59) In the article it is stated that the complainant is at least her chairman "quite hypocritical due to his own role as sponsor and souffleur in the research of the students of the Hogeschool van Amsterdam". It is also stated that the complainant at least "re-directs and directs its chair to have its chair re-directed in an impure manner about an alleged relationship between adoption and child trafficking". Thus there is such a disqualification of the complainant or its chairman that the defendant should not have been allowed to publish these statements without being heard. The defendant wrongly failed to do so, while extra care could be expected from him - given the status of the magazine in the adoption field. The Council therefore concludes that the defendant has thus exceeded the limits of what is socially acceptable in view of the requirements of journalistic responsibility. DECISION The complaint is well-founded. The Board requests the defendant to publish this decision in its entirety or in summary in the Adoption Magazine. Adopted by the Council on 6 February 2009 by Ms. H. Troostwijk, chairman, G.T.M. Driehuis, mrs. E.H.C. Salomons and A.H. Schmeink, members, in the presence of mrs. D.C. Koene, secretary, and mrs. F.G. Jansma, deputy secretary.
Dutch:
2009/6 gegrond
BESLISSING