Mary* says she never consented for her name or photo to appear in the documentary. Photo / Supplied
Mary* says she never consented for her name or photo to appear in the documentary. Photo / Supplied
The ABC in Australia has been accused of violating women's privacy and compromising their safety, after circulating a documentary which included the real names, faces and personal stories of rape and domestic violence victims, without the survivors' knowledge or consent.
One woman who works in the media says she nowhas significant safety concerns, and has no way of knowing how many people have seen her name and private disclosure.
Mary* says she never consented for her name or photo to appear in the documentary. Photo / Supplied
Silent No More, is a three part documentary about the #MeToo movement in Australia produced by Southern Pictures for the ABC. It stars former newsreader turned "accidental advocate" Tracey Spicer who received more than 2000 disclosures of sexual violence and harassment, after publicly calling for women's stories in the wake of the #MeToo hashtag going viral in October 2017.
A preview version of the documentary was distributed by the ABC's marketing department to media outlets in early October, in anticipation of the November 25 televised launch, reports.
But a joint investigation conducted by news.com.au and BuzzFeed News has found that the already circulating documentary has included disclosures received by Spicer regarding rape, harassment and domestic violence, without the women's consent.
The victims – whose names and faces also appear – had no knowledge of the documentary's existence, or that Spicer had shared their confidential disclosures with a film crew, until contacted.
One woman, Mary* who was gang-raped as a teenager, disclosed that information to Spicer in a private Facebook message sent in March 2018.
Mary's real name, face and disclosure have appeared in the circulated preview documentary, in a scene where Spicer reads out details of the gang rape, including the specific suburb and niche industry where Mary was working at the time of the assault.
"This is the first I've heard about the documentary" Mary said, when contacted for comment last week.
"I didn't consent to [my name] being on the screen. Tracey didn't ask me" she said.
Tiffany* feels unsafe now that her story has been circulated among unknown numbers of media. Photo / Supplied
Spicer has said she is "utterly gutted" and apologises "deeply and unreservedly to those whose names were visible" in the preview version. The ABC blamed "human error" for uploading an "early version" of the documentary to their online portal. It has since been removed.
A second woman Tiffany* who works in the media has also confirmed that she did not give permission for her name, face and private disclosure to Spicer of workplace sexual harassment to ever be shared with anyone, let alone filmed and included in a documentary.
"I sent a private DM [direct message] to an individual woman, I didn't expect my comments to end up in a documentary," she says.
"I didn't consent and she hasn't told me she would use my information in this way.
"Other people have seen it now. I don't know who they are. It's a breach of trust. It's not professional, it's unethical."
Spicer says she "was assured survivors' identities would be fully protected" by Southern Pictures. Spicer did not answer questions regarding why she didn't seek Tiffany and other women's permission before allowing a camera to film their various disclosures. The ABC has confirmed Tiffany's disclosure will not appear in the final broadcast version. They have not answered questions regarding how many times the current documentary has already been viewed.
Tiffany says that even if the ABC removed her section before broadcast, she now has safety concerns and feels "aghast".
"[My offender] might have already seen it," she says "He would be well placed to be able to obtain a [preview] copy. He has powerful friends in the industry. It's alarming."
Tiffany's original message described "a well-practised and highly manipulative predator" who works in a tight-knit area of the media industry. She referred to the man as "a Weinstein, a Trump, a misogynist, a narcissistic predator" adding "people around him know but have yet to speak up".
The specific film genre the man works in was also included on screen, along with Tiffany's real name, photo and profile picture.
"It wouldn't be safe for this to be aired"
Concerningly, Tiffany's disclosure also revealed that she is currently living in a domestic violence situation. For ethical and safety reasons we will not repeat the contents of that disclosure, except to say that it was also included in the preview documentary without Tiffany's consent, and fully identifies the male individual.
"There is a duty of care if you're using people's stories," Tiffany says. "I was never told my story would be used or contacted by anyone at the ABC about this.
"I would like the ABC to acknowledge what they have done. There has clearly been harm done and I'd like that on the record."
The ABC has said they apologise "for any harm or upset" caused to the women or their families, adding that "it has always been our intention that these names and details be blurred before broadcast".
When news.com.au and BuzzFeed News sought to contact a third woman to determine if she had consented for the ABC to include her real name, profile picture and rape disclosure, we discovered that the woman is now dead, having passed away in recent months.
'Utterly gutted': Spicer has had to apologise to women for sharing their stories and names without permission. Photo / Supplied
In the documentary, Spicer reads out aspects of the now dead woman's story while her name, age, and other identifying features appear on screen alongside the details of her rape which occurred when she was 15.
The ABC did not respond to specific questions about whether they sought permission from the woman's grieving family before circulating the documentary, but it is understood her name will not be aired in the final version but details of her story will, based on consent she allegedly provided while alive.
Elsewhere throughout the series, several other emails which were sent to Spicer by victims are included. While names are redacted, other details of what happened to the victims are included, it has been confirmed that not all women consented to this usage.
Ironically, the documentary makers did successfully redact the names of male trolls who have attacked Spicer, as well details of Spicer's correspondence related to professional matters.
Lawyer Adair Donaldson has described the situation as "breathtaking".
"Abuse is about betrayal of trust," he says. "When survivors have had the courage to come forward and trust someone again, it's mortifying to think this could happen."
Donaldson has suggested that anyone impacted by the breach seek legal advice on their options.
Hayley Foster, CEO of Women's Safety NSW, has echoed concerns, saying that using survivors' stories without their knowledge or consent in any context can be "shattering" for the victim and can exacerbate existing trauma.
"It may be some time again before [a survivor] feels safe to reach out for help, if at all," she says.
Foster says that the privacy breach may also undermine survivor confidence in the media more broadly, and that other survivors who contacted Spicer may now also "experience anxiety in relation to their own information" even if not affected by this particular breach.
