Decision of the Complaints Committee 00256-15 A woman
v Lancashire Evening Post
Summary of complaint
1. A woman complained to the Independent Press Standards
Organisation that the Lancashire Evening Post had breached Clause 3 (Privacy)
and Clause 7 (Children in sex cases) of the Editors' Code of Practice in an
article published in January 2015.
2. The article reported that photographs of children from
Lancashire had been found on a file sharing website which the newspaper
described variously as a "Russian pervert website" and a
"paedophile website". The article reported that most of the pictures
were accompanied by sexually suggestive comments from users across the world
which suggested that they were being used for sexual gratification.
3. The article was illustrated with five pixelated
photographs of local children which had been hosted on the Russian site.
4. The complainant said that two of these images were of
her young child. They had originally been published on her Facebook profile,
and recognised from the newspaper by friends who had alerted her to the
article. She said that – given the content of the website – publishing
photographs in which her child was identifiable intruded into her child's
privacy in breach of Clause 3 and Clause 7, as they had been reproduced from a
website where they had been used for sexual gratification.
5. The newspaper defended its use of the photographs as
an important element of a public-interest story, which made clear the nature of
the material on the website. While it had been unable to contact the parents of
the children involved before publication because it did not know their
identities, it had alerted local schools to give them a chance to implement
child protection procedures. The newspaper said that it had been contacted by
other parents who were grateful that they had been alerted to the possible use
of images of their children in this way. Following its coverage, the link to
photographs of children from Lancashire had been removed from the website, and
a local MP had become involved in the issue.
6. While the photographs were not pornographic, they were
sensitive, and it had therefore chosen to publish them heavily pixelated and in
a small size (smaller than a postage stamp), in its print edition only. It
strongly denied that the child was identifiable from the photographs.
Nonetheless, it apologised to the complainant for the distress caused by their
publication, and removed the images from a planned follow-up article after
being contacted by her directly. As the article did not relate to a court case,
it did not agree that the terms of Clause 7 were engaged.
Relevant Code Provisions
7. Clause 3 (Privacy)
i) Everyone is entitled to respect for his or her private
and family life, home, health and correspondence, including digital
communications.
ii) Editors will be expected to justify intrusions into
any individual's private life without consent. Account will be taken of the
complainant's own public disclosures of information.
Clause 7 (Children in sex cases)
i) The press must not, even if legally free to do so,
identify children under 16 who are victims or witnesses in cases involving sex
offences.
The Public Interest
5. In cases involving children under 16, editors must
demonstrate an exceptional public interest to over-ride the normally paramount
interest of the child.
Findings of the Committee
8. The article under complaint had led to the removal of
the photographs of local children from the website, new child protection
procedures at local schools, and the involvement of a local MP. The right of
the newspaper to publish the story was not in doubt, and indeed it had
performed a valuable public service by publicising the issue.
9. The pixelation of the images had evidently been
insufficient to prevent the child from being identified by those who were
familiar with them. The newspaper knew that the images had been sourced from
publicly accessible social media profiles; it should therefore have recognised
the risk that the child could be identified in this way.
10. The photographs had previously been published by the
complainant on social media, in innocuous circumstances. However, the fact that
the child had featured on the Russian website constituted significant and
deeply personal new information, with the clear potential to cause significant
trauma and disruption. Notwithstanding the public interest in the story itself,
there was no public interest which justified the publication of identifiable
photographs of the child in this context. Publication, in this form,
represented a failure to respect the child's family life and a breach of Clause
3.
11. On this occasion, given that it was not suggested
that the child in question had been the victim in a case involving a sex
offence, the Committee did not establish a separate breach of Clause 7.
Conclusions
12. The complaint was upheld under Clause 3 (Privacy).
Remedial Action Required
13. Having upheld the complaint, the Committee considered
what remedial action should be required. The Committee has the power to require
the publication of a correction and/or adjudication, the nature, extent and
placement of which is to be determined by IPSO. It may also inform the
publication that further remedial action is required to ensure that the
requirements of the Code are met.
14. The Committee required the newspaper to publish the
Committee's ruling upholding the complaint. The article had been published on
the front page of the newspaper, and continued on page 9. The adjudication
should be published in full on page 9, with a front page reference directing
readers to this page, which should include the headline of the adjudication.
The headline should make clear that IPSO has upheld the complaint, and refer to
its subject matter; it must be agreed in advance.
15. The terms of the adjudication to be published are as
follows:
Following an article published in the Lancashire Evening
Post in January 2015, a woman complained to the Independent Press Standards
Organisation (IPSO) that the Post had intruded into her child's privacy, in
breach of Clause 3 (Privacy) of the Editors' Code of Practice. IPSO upheld the
complaint and established a breach of the Editors' Code. IPSO required the Post
to publish this decision by its Complaints Committee as a remedy to the breach.
The article reported that photographs of children from
Lancashire had been found on a file sharing website which the newspaper
described variously as a “Russian pervert website” and a “paedophile website”.
The article reported that most of the pictures were accompanied by sexually
suggestive comments from users across the world which suggested that they were
being used for sexual gratification.
The article was illustrated with five pixelated
photographs of local children which had been hosted on the Russian site.
The complainant said that two of these images were of her
young child. They had originally been published on her Facebook profile, and
recognised from the newspaper by friends who had alerted her to the article.
She said that – given the content of the website – publishing photographs in
which her child was identifiable intruded into her child's privacy in breach of
Clause 3, as they had been reproduced from a website where they had been used
for sexual gratification.
The newspaper defended its use of the photographs as an
important element of a public-interest story, which made clear the nature of
the material on the website. While it had been unable to contact the parents of
the children involved before publication because it did not know their
identities, it had alerted local schools to give them a chance to implement
child protection procedures. The newspaper said that it had been contacted by
other parents who were grateful that they had been alerted to the possible use
of images of their children in this way. Following its coverage, the link to
photographs of children from Lancashire had been removed from the website, and
a local MP had become involved in the issue.
While the photographs were not pornographic, they were
sensitive, and it had therefore chosen to publish them heavily pixelated and in
a small size (smaller than a postage stamp), in its print edition only. It
strongly denied that the child was identifiable from the photographs.
Nonetheless, it apologised to the complainant for the distress caused by their
publication, and removed the images from a planned follow-up article after
being contacted by her directly.
IPSO's Complaints Committee understood that the article
under complaint had led to the removal of the photographs of local children
from the website, new child protection procedures at local schools, and the
involvement of a local MP. The right of the newspaper to publish the story was
not in doubt, and indeed it had done a valuable public service by publicising
the issue.
The pixelation of the images had evidently been
insufficient to prevent the child from being identified by those who were
familiar with them. The newspaper knew that the images had been sourced from
publicly accessible social media profiles; it should therefore have recognised
the risk that the child could be identified in this way.
The photographs had previously been published by the
complainant on social media, in innocuous circumstances. However, the fact that
the child had featured on the Russian website constituted significant and
deeply personal new information, with the clear potential to cause significant
trauma and disruption. Notwithstanding the public interest in the story itself,
there was no public interest which justified the publication of identifiable
photographs of the child in this context. Publication, in this form,
represented a failure to respect the child's family life and a breach of Clause
3.
Date complaint received: 15/01/2015
Date decision issued: 07/04/2015