My CBC Letter Of Complaint

Although probably a futile effort, here is the letter of complaint that I have sent to the CBC ombudsman, The National, and CBC Audience Feedback regarding the Corporation's absolute failure to keep Canadians informed about the Health Canada's unwillingness to protect Canadians from tainted pharmaceuticals:

To Whom It May Concern:

I am writing to complain about the abject failure of the CBC to inform Canadians on an issue that is a potential threat to both health and life. That issue recently emerged when The Toronto Star conducted an excellent investigative series into the lack of drug safety oversight being provided by Health Canada: http://www.thestar.com/search.html?q=apotex

The investigation revolved around the agency's failure to hold generic drug manufacture Apotex to account for issues that resulted in several of their drugs being banned by the American Food and Drug Administration, which maintains a publicly accessible database to keep its citizens informed over drug investigations, recalls, etc. Health Canada refused to make this information public; Health Minister Rona Ambrose cited 'proprietary privacy issues.'

The Star investigation also uncovered the fact that Health Canada asked Apotex to suspend the importation of certain drugs, and the company refused. Again, no details as to the suspect drugs were released to the public.

This matter was taken up in the House of Commons, and as a result of the efforts of both the NDP and The Star, action has finally been taken, as reported in today's edition: http://www.thestar.com/news/canada/2014/09/30/health_canada_bans_drugs_from_two_indian_factories.html

I am sure you would agree that this story is of national interest and significance. Yet as far as I can determine, on none of your platforms, be it radio, television, or Internet, has a word of this scandalous situation been uttered or printed.

This is behaviour totally unacceptable for Canada's national broadcaster.

I avidly await your explanation for this egregious failure to keep Canadians informed.

The CBC Ombudsman Makes Her Ruling

As reported by Andrew Mitrovica on iPolitiics, the CBC ombudsman, Esther Enkin, has finally reached her decision on the many conflict of interest complaints lodged against Rex Murphy and Peter Mansbridge.

Briefly, here is what she said:

“Given that Journalistic Standards and Practices spells out a commitment to independence, and the Conflict of Interest guidelines encompass perception of conflict as well, it is inconsistent with policy when CBC news and current affairs staff accept payment from groups that are likely to be in the news.

She has a somewhat timid suggestion for CBC management:

“But since taking money leads to a perception of a conflict of interest, CBC management might want to consider, in the review they are undertaking, whether even with disclosure, it is appropriate for CBC news and current affairs staff to get paid for their speaking engagements.

“To summarize, in the course of reviewing its policy, I hope CBC management will reconsider the practice of paid speaking engagements for its journalists and, at a minimum, consider how any relevant activity and payment can be on the public record.”

As Mitovica tartly points out,

Enkin’s ruling is a stinging rebuke of Mansbridge and Murphy — who, since the controversy broke in iPolitics, have not only been unapologetic about receiving payment from outside vested-interest groups, but have also vowed to continue the controversial practice despite mounting criticism and condemnation.

The ombudsman's full report can be read here.

Will anything change as a result of this finding? Given the fierce recalcitrance of Rex Murphy, more a legend in his mind than in anyone else's, I am dubious. But one hopes that the CBC will show a shred of its rapidly diminishing integrity and issue Newfoundland's favorite son an ultimatum.

After all, given Rex's apparent popularity with the tarsand enthusiasts, he should have no problem keeping body and soul together by continuing to be a shill for the petroleum industry.

The CBC Responds To My Complaint About Rex Murphy

I received the following email yesterday from Jack Nagler, Director of Journalistic Public Accountability and Engagement at the CBC, regarding my conflict of interest complaint about Rex Murphy. Because the review is ongoing, I am treating this only as an interim response. I therefore present the letter with no commentary on my part, but please feel free, as always, to express your own views here.

Thank you for your Feb. 5th email to the CBC Ombudsman about Rex Murphy. There have been suggestions he is in a conflict of interest because he has given paid speeches to groups supportive of the oil industry, and suggestions that the CBC should have disclosed this fact when he addressed the subject of Neil Young’s anti-oilsands initiative on The National last month.

While I don’t believe there is a conflict of interest, there is a serious issue about transparency, one that we are reviewing at the moment.

But let me address both concerns.

On the question of Mr. Murphy and the alleged conflict of interest:

First, Mr. Murphy is not a full-time employee of CBC News He is a self-employeed freelance. He does some work for CBC. He also does outside work, including speaking engagements.

Second, -- and I want to emphasize this -- the very reason Mr. Murphy appears on The National is to do analysis and express his point of view – he is not a regular reporter. We even call his segment on the program “Rex Murphy’s Point of View" to distinguish it from regular reports. His perspective on the oilsands, whether viewers agree with it or not, is an analytical argument based on facts, and is perfectly valid commentary.

He has been utterly consistent in expressing those views for a long time, and he makes the same broad points whether he is talking on The National, in a newspaper, or in a speech at a public event. We have no reason to question the independence and integrity of those views. That is important. Yes, Mr. Murphy holds an opinion that people in the oilpatch may like and agree with. But it is a considerable leap in logic to suggest that he is therefore in the pocket of this industry.

There is much more detail on all this included in a recent blog post by CBC News General Manager and Editor-in-Chief Jennifer McGuire, which I encourage you to read at: http://www.cbc.ca/newsblogs/community/editorsblog/2014/02/a-question-of-conflict.html

You might also be interested in what Mr. Murphy himself had to say in response to the critique of his ethics. He wrote an op-ed piece this past weekend in The National Post that you can find at: http://fullcomment.nationalpost.com/2014/02/22/rex-murphy-speaking-my-mind-no-matter-the-issue/

Third, the most important consideration for us is whether we are providing our audience with a varied and balanced perspective on an issue as important as oilsands development – and I believe we are. You may note that Mr. Murphy’s “Point of View” segment criticizing Neil Young was a response to a feature interview The National aired with Mr. Young two days earlier. There’s no other national newscast that gave Mr. Young and his views that kind of platform. It’s all part of us fulfilling our mandate as the public broadcaster to reflect diverse opinions and to offer Canadians the opportunity and the information they need to make up their own minds.

The other question, as I noted at the beginning, is that of disclosure: what information can and should we share with the audience about the outside activities of freelance contributors to on CBC News?

In policy and practice we support the idea of transparency, not just for Rex Murphy but for all of our contributors. But implementing this is not always as simple as it sounds.

There are a set of complicating factors, ranging from how much we can legally demand of our freelancers, to privacy rights of our employees, to what constitutes “full disclosure”. Is it only paid speeches we should disclose? Or do we need to be concerned about journalists who attend charity events, or moderate a public forum? Does the content of a speech matter, or does the mere act of getting in front of a lectern make it a question of public concern? And finally, how do we share the disclosure so the audience can properly judge for themselves what’s appropriate?

All are good questions. In light of your concerns and those of others about Mr. Murphy, our senior editors are reviewing the way we deal with the issue to ensure we are appropriately transparent with our viewers. I expect that review will be completed in the next few weeks. When it is we’ll be sure to post it. In the meantime, we thank you for your patience.

You should also be aware that the CBC Ombudsman has already launched a separate review of this subject. The Office of the Ombudsman, an independent and impartial body reporting directly to the President, is responsible for evaluating program compliance with the CBC's journalistic policies. When that review is complete, it will be posted on the Ombudsman's website at www.cbc.ca/ombudsman.

I hope this response has reassured you of the integrity of our news service, as well as our willingness and desire to serve Canadians properly.

Sincerely,

Jack Nagler

Director of Journalistic Public Accountability and Engagement,

CBC News

CBC Apologizes Privately for O'Leary

The following has been reported in The Globe with regard to Kevin O'Leary's boorish and abusive recent interview with Chris Hedges:

CBC’s ombudsman says Kevin O’Leary’s heated remarks during an interview with author Chris Hedges violated the public broadcaster’s journalistic standards.

The watchdog says hundreds of complaints were filed after Mr. O’Leary called the Pulitzer Prize-winning journalist “a nutbar” during CBC News Network’s The Lang & O’Leary Exchange on Oct. 6. The remark came during a seven-minute segment about the Occupy Wall Street protests unfolding in the United States.

Unfortunately, like an embarrassed parent covering for an errant child, CBC News correctly issued a private apology to Mr. Hedges after the interview but should also have apologized on air.

A CBC spokesman was not immediately available Friday to say whether that recommendation would be implemented.

Unlike a responsible parent, however, in its on-going quivering deference to the right-wing forces it is constantly seeking to appease, there is no indication in the report that CBC will demand an apology from O'Leary, just as it gave him a free pass earlier when he used the racist term 'Indian giver'.

Until O'Leary is brought to his knees in a genuine apologize, anything the CBC does on this matter is, to me, a mere charade of integrity.