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Seven loses second appeal over Amazonian tribe infanticide allegations

SevenSeven Network has lost a second appeal against a ruling which found it breached regulations over allegations made in its Sunday Night program that infanticide was practiced by a remote Amazonian tribe.

The Full Federal Court found the network had “not established any legal error” and upheld a decision of the Federal Court which in June rejected Seven’s initial appeal over a ruling by the Australian Communications and Media Authority (ACMA).

The ACMA found Seven had breached the Commercial Television Industry Code of Practice by claiming in a story broadcast in September 2011 that infanticide took place in the Suruwaha tribe in Brazil.

It ruled the story included content that was “likely to provoke intense dislike and serious contempt on the grounds of ethnic origin or race”.

Content which risks this reaction is banned by the ACMA.

The ACMA also found Seven breached the code of practice for factual accuracy regarding the application of Brazilian law to the Suruwaha tribe and over the allegation of child murder.

After Seven sought a judicial review, the Federal Court upheld the ruling, dismissing the appeal on the grounds that it was up to the ACMA to make the findings it did and that no legal error had occurred, as alleged by the network.

The appeal by Seven against the Federal Court decision was limited to the ACMA findings that the content would have “provoked and perpetuated” intense dislike of the tribe.

Steve Jones

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