By Bronwen Beechey

MELBOURNE -- Community radio station 3CR recently celebrated 21 years on air, a considerable achievement for a station that receives no government funding, corporate sponsorship or advertising revenue. But the station is facing a serious threat to its existence following a defamation suit.

On September 12, the County Court of Victoria awarded defamation costs of $100,000 against the station over a broadcast on the Croatian-Bosnian Cultural Association's program, Radio Vukovar. This resulted in two members of the community suing 3CR, and the three studio guests.

Station manager Jan McArthur described the court's decision as a shock. “We based our defence on the concept of qualified privilege -- that is, as a community broadcaster, 3CR is bound under the Broadcasting Services Act to ensure that the station is genuinely community based. We have a responsibility to respond to the community's information needs and raise issues that they want aired. To have management interfering, or monitoring every program, would mean that we would be acting contrary to the legislation, as well as the spirit of 3CR.”

“It's a very scary situation for community media, who are supposed to be accessible and accountable to the community”, McArthur told Green Left Weekly. “Community media is vulnerable to civil action, by providing access to many community groups and ensuring autonomy in their programming.”

McArthur explained that there is “a growing trend toward civil action, and it's particularly evident in Victoria. We seem to be becoming more like the US where problems are resolved in the courts, which is a very costly and time-consuming process.

“The growing use of legal action, combined with the Victorian government's attempts to quash any expression of opposition, are creating a climate of fear. There is a real pressure on community media to become more conservative.”

3CR plans to appeal the decision, but this will cost more money and time. “When you consider the income that community and alternative media outlets operate on, the amount we are being sued for is shocking”, McArthur explained. “Because these outlets are putting up views that challenge the status quo, they are inevitably going to be poor. They can't afford defamation insurance like the commercial media. Even if you have a good case, the process is so costly and time-consuming that it can bankrupt an organisation before it even gets a chance to prove its case.”

The decision's impact on 3CR could be devastating. “The amount is one-third of our annual income. We'd just had our annual radiothon, which raised $115,000, but it takes a lot of time and effort. To have to turn around and ask our supporters to dig a bit deeper in times of economic hardship is very difficult.”

Fundraising events are being organised by the station's affiliates and other alternative media. 3CR will be holding an emergency radiothon over the October 18-19 weekend to raise funds for its appeal. To pledge a donation, phone (03) 9419 8377.

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