Alberta Press Council - Complaint Proceedures:
How to file a complaint.



PART I

1. When the Alberta Press Council (APC) office is first advised of a concern by letter, phone, email or fax, the Executive Secretary-Treasurer (EST) shall log the concern and respond by letter notifying the complainant that a required first step in resolving the concern is to communicate directly with the member newspaper.

2. The EST will provide the complainant with a copy of the Code of Practice document, the Complaint Procedure Policy and any additional relevant material.

3. If the complainant thereafter wishes to proceed with the complaint through the APC, the complainant must identify in writing the part(s) of the Code of Practice that the complainant believes have been violated by the newspaper. This request must be made within 60 days of the publication of the item that caused the concern.

4. The complainant shall provide the APC with copies of relevant written
communication between him/her and the newspaper.

5. The EST and the chair of the APC shall review the material submitted and advise the complainant in writing if his/her complaint does not meet the criteria for adjudication.

5.1 Complaints must be specific. General complaints about the media or those concerning matters outside the APC’s mandate will not be accepted.

5.2 The APC will not accept third party complaints unless it is
determined that extenuating circumstances exist.

5.3 All complainants must be residents of Alberta. Complaints from
outside the province may be considered at the discretion of the
executive committee of the APC.

5.4 The APC does not accept complaints concerning a newspaper’s
refusal to publish a letter to the editor. If the letter writer is
mentioned in a story, he/she can complain about the story
if they were not provided reasonable opportunity to comment on
the original or subsequent stories.

5.5 The APC does not accept complaints concerning a newspaper’s
preogative to edit a letter to the editor.

6. All discussions regarding specific complaints for adjudication will be discussed in camera.

7. The EST will forward all material related to the complaint to the
publisher of the newspaper involved. In the case of a member of the AWNA, a copy will also be sent to the AWNA executive director and chair.

8. The newspaper shall have 15 days from the receipt of the concern to respond to the complainant and to send a written copy of such response to the APC.

9. If the concern is not satisfactorily resolved between the newspaper and the complainant; the complainant must request in writing that the APC adjudicate the complaint if he/she wishes to proceed.

PART II
Pre-Adjudication Process:

1. The formal written complaint shall include:
a. The name, address, phone number and e-mail address, if available, of the complainant.
b. The description of the complaint, and a concise summary of the issues.
c. Reference to the specific Code of Practice believed infringed.
d. An original copy of the newspaper article, cartoon, picture or editorial. (On-line readers of member newspapers are required to submit a copy of the item in question as it appeared in the print edition of the newspaper).
e. Additional relevant material the complainant wishes to provide as evidence to support the complaint may be included.

2. The APC shall consider any complaint submitted to it as being lodged against the newspaper concerned and not against individual journalists.

3. Complainants must sign a waiver agreeing not to take legal action against the affected newspaper, the APC or individual members of the APC with respect to a formal complaint, and to release any rights of confidentiality related to the complaint, proceedings or its disposition.

4. If the chair of the APC determines that the material submitted by the complainant meets the criteria for adjudication, the EST will forward copies of all relevant material to each member of the APC’s Complaint Review Committee.

5. The Complaint Review Committee will review the complaint and in the event that the complaint is not accepted for adjudication, the chair will notify the complainant in writing.

6. If the Complaint Review Committee accepts the complaint for adjudication, the chair of the APC shall set a date for adjudication. The complainant, the newspaper against which the complaint has been made and APC members shall be informed and will be sent the materials related to the adjudication.


PART III
The Adjudication

1. Except for the APC member appointed by the newspaper that is
involved in the complaint, all APC members present will participate in
the adjudication hearing.
2. The adjudication will be chaired by the APC chair.
3. The subject matter of the adjudication must not be in the process of
being litigated through the Courts at the time of the hearing.
No one may be represented by another party, unless there are
extenuating circumstances and the representative is approved in
advance by the APC chair. There is no cross-examination and no
direct exchange allowed between the parties.
4 Both complainant and respondent will be given the opportunity to
make a short (up to ten minutes) oral presentation to the APC. The
chair will entertain questions from members of the APC who may
request additional information or clarification.

5. The complainant and respondent will each have the opportunity
for a two minute summary.

7. When there are no further questions, the complainant and respondent
will be invited to leave the meeting and the APC will move in camera
to rule on the complaint.

8. A press release containing the decision, relevant background, and rationale for the decision shall be prepared and released to Marketwire and member newspapers within seven working days. Copies shall be sent to the newspaper involved, to the complainant, and to all members of the APC in advance of the press release.

9. The newspaper involved shall publish the full Press Release of the APC within one week of receipt and send a published copy to the APC.

10. All adjudications by the APC are final and not subject to appeal.

11. The yearly statistical summary of all complaints received will be published in the Annual Report of the APC and on the website.


As updated, July 28, 2010.



For complaint stats, please view our PRESS RELEASE page.