On the record

On the record

Throughout the pandemic, journalists have frequently sought comment from doctors on the Government’s COVID response as well as a first-hand account of what is happening in hospitals. What should you do if you’re approached by the media?

Are doctors gagged from speaking to the media? It’s an accusation that has frequently been levelled at NSW Health throughout the COVID-19 pandemic. 

While doctors have from time to time made appearances alongside the Premier during press conferences, there is a perception from journalists that these accounts of the COVID situation are tightly controlled.

An article in The Guardian Australia from September 2021 stated, “NSW Health has made senior intensive care doctors, nurses and psychologists available at the government’s daily briefings. They have described the heavy workloads, but unsurprisingly – with the premier, Gladys Berejiklian, and the health minister, Brad Hazzard, standing beside them – have not strayed from the government line that the system is able to cope.”

The article indicated that as a result, some journalists were turning to social media, trawling for posts or tweets from doctors to get a less sanitised look at what was happening in the State’s public hospitals, while others were quoting frontline healthcare workers anonymously.

Can doctors speak to the media? The short answer is yes, but before you speak publicly, you should be aware of your professional obligations.

Obligations
All doctors, regardless of the organisation they work for, must adhere to the Medical Board of Australia’s Code of Conduct.

The code states that all doctors have a right to “have and express their personal views and values”. However, it cautions that you must consider the effect of your public comments, including online, related to medical and clinical issues, and how they reflect on your role as a doctor and on the reputation of the profession.

“The community trusts the medical profession. Every doctor has a responsibility to behave ethically to justify this trust,” states the Code of Conduct.

If you are employed by NSW Health, you have an obligation to adhere to the NSW Health’s Public Communications Policy, which states: NSW Health staff and contractors involved in communication activities are required to ensure:

• that facts are appropriately sourced and verified

• responses reflect the organisational position

• privacy and confidentiality are maintained

• information is only provided in consultation with local organisational media staff who will consult the chief executive as required

• behaviour complies with the NSW Health Code of Conduct Policy Directive which reflects the CORE values of Collaboration, Openness, Respect and Empowerment

• they are aware that communication (eg letter, email, social media) within NSW Health is subject to the Government Information Public Access Act and privacy legislation

• they avoid conduct that could bring NSW Health, or any of its staff, patients, or clients into disrepute, including when using social media.

The policy allows that staff and contractors have a right to express personal views as private citizens through public comment on political and social issues, as long as it is clear they are not speaking on behalf of NSW Health or any NSW Health organisation. 

If staff are contacted by the media by phone or email, they must not be interviewed without prior approval from the local media officer, who will liaise with their manager and/or the NSW Ministry of Health’s Media unit. 

Unless there is prior approval, the policy states that staff and contractors must at no time:

• make statements on behalf of any NSW Health organisation

• use organisational letterhead or titles that would indicate that comment was authorised by the local service or management, or

• imply or indicate that their views are those of NSW Health when making public comment on a particular issue or participating in political or industrial activities.

Not employed by NSW Health?
Doctors who work for private hospitals or contract to another organisation must also be mindful of any other policies their organisation has in place. Regardless of where you are employed, it is always a good idea to speak to your employer first.

AMA (NSW)’s Director of Workplace Relations, Dominique Egan, advises doctors who have been approached by the media for an interview to consider from what capacity they’ve been asked to comment.

“If it’s in their role as a representative of the hospital or the organisation where they work, then they should turn their mind to whether they need to raise that with the hospital or organisation before they agree to speak the media.”

Ms Egan suggests doctors may want to seek advice from their professional association or medical defence organisation about whether they have any legal or professional obligations that they need to be mindful before they speak to the media.

“Depending on the nature of the comment that has been made to the media there may be disciplinary consequences – they can range from a warning or a caution through to dismissal.”

What could go wrong?
Can you be fired for speaking to the media? While dismissal does happen and would be the worst-case scenario, the consequences for speaking to the media would depend on the nature of the comments. 

A request to have a meeting with the hospital, LHD or organisation’s management would typically be the first step.

“When doctors are called to meetings it may be to have a chat with them about the representations they might have made and to inform them about the requirements of LHD and hospital policy, as well as provide advice and support to them in relation to any other future comments they may make,” Ms Egan says. 

“Of course, depending on the nature of the comment that has been made to the media there may be disciplinary consequences – they can range from a warning or a caution through to dismissal.”

If you have been called to a meeting, Ms Egan suggests doctors seek professional support.

“I would also encourage the doctor to take a support person with them to the meeting – that might be a colleague but equally they can contact AMA (NSW) and we can provide some advice and support. We have previously accompanied members to these meetings and that is often well received by the LHD and the hospital.”

Other options
If you have been approached to speak to the media, but you’re not comfortable commenting publicly, you do have options.

“There are no formal guidelines, but if you are asked to comment it might be appropriate to approach the Medical Staff Council because they may be the more appropriate body to speak on some issues,” Ms Egan says.

Alternatively, you contact your professional association. As the voice of the profession, the AMA regularly represents members concerns to the media, as well as Government.

“We actively seek our members’ views on issues impacting the healthcare system and elevate their concerns through various media channels. It’s one of the key roles of our organisation and why it’s so important to have a strong membership organisation,” says Dr Danielle McMullen, AMA (NSW) President.

If you’ve been asked to speak to the media and you are looking for further guidance, or if you have been called to account for comments you’ve said publicly, please contact us on workplace@amansw.com.au or 02 9439 8822. 

“I would also encourage the doctor to take a support person with them to the meeting – that might be a colleague but equally they can contact AMA (NSW) and we can provide some advice and support.”

Want to remain anonymous?
Occasionally a doctor will agree to speak to a journalist on the basis of anonymity. If you choose to do an interview with a journalist, it’s important all parties are clear about the conditions at the outset of the interview and that both parties agree to those conditions. Part of this process is determining the difference between terms such as ‘off the record’, ‘background’, and ‘not for attribution’.

Off the record:
When you say something that is ‘off the record’ it is not to be used for publication. Please note, it’s not the spoken equivalent of a delete button. If you are doing an interview that is ‘on the record’ and halfway through the interview you say something you shouldn’t have, you can’t try to cover it up by adding, ‘that’s off the record’. Both the journalist and the person being interviewed should stipulate at the outset of the conversation whether it is to be off the record and both parties must agree. This is dependent on the journalist following through with the agreement.

There is always the potential they may not, so you would have to carefully consider your relationship with the journalist and level of trust you have with that person, as well as the ramifications for you should the agreement be broken.

Not for attribution:
If your comments are ‘not for attribution’ then you may be directly quoted but not named. If you decide to speak on these conditions, you should clarify how those comments will be attributed. Will you be identified by your position and the organisation you work for, or will you be identified in general terms? Again, clarifying this before you do the interview is important.

Background:
Speaking ‘on background’ to a reporter can mean the information you provide will be paraphrased in the story. There can be some overlap between speaking ‘on background’ and ‘not for attribution’ depending on the media outlet, so please ensure you have agreed with the reporter ahead of time on these conditions.