Seven to appeal latest Code breach found by ACMA

Seven Network will appeal a breach by the media watchdog despite the Federal Court already ruling in ACMA’s favour.

The 2011 Sunday Night story by Tim Noonan depicted a Brazilian tribe of Suruwaha Indians as a suicide cult that encouraged the murder of disabled babies.

In 2012 ACMA ruled that it breached the Code of Practice on factual accuracy and for “provoking or perpetuating intense dislike and serious contempt on the basis of ethnicity.”

In June the Federal Court dismissed an application by Seven to throw out ACMA’s findings. The court held that it was open to the ACMA to make all of the breach findings it had and that its findings were not affected by legal error.

Advocacy group Survival International, which champions tribal peoples around the world, branded the report “Freakshow TV” for portraying Brazil’s Suruwaha tribe as child murderers, “Stone Age” relics, and “one of the worst human rights violators in the world”.

But Seven will now appeal the case to the Full Federal Court.

“Unfortunately ACMA has accepted the views of a UK based lobby group over the first hand experiences of the former Suruwaha tribe member and her child who appeared in our story. It is unfortunate that ACMA did not take the time to speak with Muwaji, a former Suruwaha woman who fled her tribe to save her daughter, or to Maira Barreto the esteemed Brazilian human rights lawyer who has worked tirelessly to bring this issue to the attention of the Brazilian community,” it said in a statement.

“We are proud that Muwaji’s law, aimed at preventing the practice of infanticide in remote tribes, is now being considered by the Brazilian parliament, in part prompted by our story. Muwaji’s law has already been considered and approved by the Human Rights Commission and the Commission of Constitution and Justice in Brazil.”

Seven has lost a number of appeals against ACMA breaches recently including those against Sunday Night, Seven News and Today Tonight.