President's Message

Words are powerful: We should use them carefully when talking about family violence

REBECCA SANDFORD, PRESIDENT

Please be aware that this column discusses domestic violence, and look after your emotional safety as needed.1

This year the Society has considered a number of proposed legislative changes designed to address domestic and family violence - something which has a significant and hugely detrimental impact on our communities and society. It is still shocking to me that the rate of change in dealing with this issue is so slow, given its insidious effects, and noting that we have demonstrated how quickly we can mobilise when required to deal with other issues with similarly widespread impacts (e.g. COVID-19).

Family violence is a topic that is complex, multifaceted, important, and in need of urgent attention. It is critical to make sure that in taking well-intentioned action designed to help, we don’t accidentally do more damage by taking steps which are ultimately dangerous. Nonetheless, there is a clear need for reform in a number of respects to protect against the harms of domestic violence; including to better address the role of coercive control, which is now much better understood than even just a few years ago.

In that context, recent attention to approaches for dealing with family violence is notable. In particular, the SA Government’s engagement on the Bill by which it is proposed that coercive and controlling behaviour will be criminalised2 is a good example of a thorough consultation process on potential legislation, with over 200 individuals and organizations providing feedback which was then incorporated into revisions to the law. It’s particularly reassuring to see that next there will be further consultation on a thorough implementation strategy in relation to the new offence, as well as the establishment of a stakeholder reference group, and a roundtable with victim-survivors to provide a voice of lived experience. There have also been amendments this year to the intervention orders regime in SA, with consultation currently underway as to the introduction of those changes too.

Earlier this year the Law Council held a National Roundtable Family Violence: Awareness, Education and Training which I was pleased to have the opportunity to participate in. Following that event, the Law Council has, with input from constituent bodies including the Society, been developing a Draft Model Definition of Family Violence, noting that differences in the definition of that term across jurisdictions can cause difficulties. The Federal Government also recently announced the introduction of the Escaping Violence Payment which provides one-off payments and assistance to help address the financial barriers that may prevent people from leaving violent relationships. These are just a few examples, and whilst there is still more work to be done, it’s good to see concerted attention directed to addressing domestic violence.

An additional step worth contemplating when it comes to consideration of these matters in the public domain could be the introduction or adoption of uniformly applicable media codes of conduct for reporting on family and domestic violence. Media reporting is already heavily regulated and restricted by various laws, but these can sometimes operate inconsistently. Dozens of different laws might apply to a story, many of which, if breached, can result in criminal offences or create civil liability risks. However, beyond strict limits about what can and cannot be said, it’s still possible for elements of a report about domestic violence to be harmful, even when perfectly legal.

The use of accurate and considered language in the reporting of stories about domestic violence and violence against women might seem simple, but it really does matter. Though many reporters engage in sensitive and informative journalism on this topic, helping to raise awareness and share stories that benefit victim-survivors, in some quarters it is unfortunately still all too common to see stories which create a high risk of ongoing or additional damage - for example, reports in passive terms which talk about “women attacked”, rather than concentrating on, and condemning, actions of perpetrators. Often, the focus is put on the additional steps victim-survivors should take to stay safe in their dangerous environments, rather than addressing the actual behaviour causing harm. Reporting such matters without due care as to their impact means viewpoints that victims carry blame for violence against them continue to be unfairly and inappropriately perpetuated. Often more could also be done to better canvas intersectional impacts from race, identity and class which can affect experiences and understanding of violence.

Specific reporting guidelines on domestic violence and violence against women exist, but their use is voluntary, and varies from jurisdiction to jurisdiction.3 In Australia, Our Watch has released comprehensive guidance4 which includes a focus on evidence-based reporting, as well as the use of appropriate imagery, expert references and support options, and respectful language and headlines to articulate the seriousness of the violence. The Australian Press Council’s succinct Advisory Guideline on this topic,5 which sits alongside its Standards of Practice, is also extremely useful. In addition to setting out guiding principles such as safety, responsibility, context and content, cultural sensitivities, and sources of assistance, the APC Guideline refers to historical context and changing views when it comes to reporting on these matters, and includes a strong focus on the need to provide support to those sharing their stories.

In the UK, Level Up has prepared media guidelines with a goal of ensuring domestic homicides are not reported in a way which compromises the dignity