Brooks Newmark Sunday Mirror case: IPSO decision

IPSO has found that an article headlined: ‘Tory Minister quits over sex photo’, published by the Sunday Mirror in September 2014, did not breach the Editors’ Code. Brooks Newmark made no complaint to IPSO, but the article and the newsgathering techniques used to obtain it raised issues under the Editors’ Code and were a matter of public concern. IPSO decided to make inquiries of the Sunday Mirror to ensure that it had complied with its obligations under the Editors’ Code of Practice. Mr Newmark was invited to cooperate with these inquiries but declined to do so.

The journalist had deployed subterfuge, but IPSO found that the investigation was initiated on sufficiently credible grounds and the use of subterfuge and misrepresentation and the level at which it was used at each stage of the investigation was justified in the public interest.

The investigation was carried out by a freelance journalist, but the Sunday Mirror accepted that, in publishing the article, it accepted responsibility for ensuring that the article and the investigation were in line with the Editors’ Code.

Matt Tee, Chief Executive of IPSO said:

“The Editors’ Code prohibits subterfuge unless in the public interest and only then where there is no other practical means of obtaining the story.  This case raised public concerns and it was important that IPSO make inquiries, whether or not there was a complaint. After a lengthy investigation we have found that the subterfuge used was justified at each stage of the investigation and publication was in the public interest.”

IPSO’s report of its inquiries confirms that all published items are bound by the Editors’ Code, irrespective of their source. It also restates IPSO’s determination to conduct such inquiries whether or not a complaint is received from one of the involved parties.

Matt Tee added:

“I hope IPSO’s report into this issue is helpful for journalists and editors seeking to understand our approach to the use of subterfuge and misrepresentation. It is most important that IPSO has the freedom to undertake inquiries of this sort and we are clarifying this power with the industry