· Decision of the Complaints Committee 00530-15 Professional Darts Corporation v Daily Star Sunday
Summary of
complaint
1. The Professional Darts Corporation complained to the
Independent Press Standards Organisation that the Daily Star Sunday had
breached Clause 1 (Accuracy) and Clause 2 (Opportunity to reply) of the
Editors’ Code of Practice in an article headlined “EXCLUSIVE: Darts champ
banned amid drugs claims”, published online on 21 December 2014.
2. The article reported that a darts player had not taken
part in the darts world championship, a competition organised by the
Professional Darts Corporation (PDC). The PDC had originally stated that the
player had been withdrawn for “personal reasons”, and had later indicated that
it was not able to comment on whether there were any proceedings being
conducted in relation to allegations of doping. The article reported
allegations that in fact the player had broken rules on drug taking, and that
the organisation was conducting an investigation into the matter. The article
stated that a senior figure within the PDC had confirmed that the player had
contravened the rules, and that a source close to the player had stated that
the organisation was conducting an official hearing on the matter. It reported
that the organisation had indicated that it was unable to comment on whether
proceedings were being carried out in relation to allegations of doping. The
article also referred to the organisation as the “governing body” of the sport,
and included comments made by users of internet forums, criticising the PDC’s
response to the issue.
3. The PDC said that it was inaccurate to refer to it as
the “governing body” of darts; the governing body for PDC darts was the Darts
Regulation Authority, which referred all doping matters to UK Anti Doping. As
such, it was misleading to state that the PDC would be conducting a hearing
into the matter, as it did not have responsibility for carrying out any such
disciplinary proceedings. Furthermore, the PDC disputed that a senior figure
within the organisation had spoken to the journalist and confirmed the rumours.
It also said that it was not true that the organisation had “refused to clarify
the situation”; rather, a spokesperson had told the journalist that the
organisation would be unable to comment on the allegations for reasons of
confidentiality.
4. The PDC also said that the article should not have
quoted the critical comments made by users of internet forums. It considered
that the inclusion of these, without giving it a chance to respond to them
before publication, raised a breach of Clause 2.
5. The newspaper generally defended the accuracy of its
coverage and noted that the world of governing bodies in darts was confusing,
and that the PDC had been involved in court battles to be recognised as the
“go-to body for darts professionals”. It said it was easy to make mistakes in
relation to the hierarchy involved. In response to the complaint, it had
amended the article to remove the reference to the PDC as the “governing body”,
and had added the following footnote:
This article previously stated that the PDC was the
governing body. The governing body on matters relating to drugs is not the PDC
but the Darts Regulation Authority.
6. The publication did not accept that the article
contained other inaccuracies. It noted that the player had not applied to join
the organisation’s tournament this year, which was perhaps why no investigation
was on-going. It believed that the PDC was the body which was responsible for
approving applications to play in the tournaments, and noted that the
complainant had not contradicted it on this point. It maintained that a senior
figure within the organisation had confirmed that the player had contravened
the rules, but made clear that it would be protecting its confidential source.
The journalist had put the claims about the player’s alleged drug use to the
organisation prior to publication, and its statement in response, declining to
comment on the allegations, had been included in the article. The newspaper
further noted that it had not received a complaint from the player in question.
Relevant Code Provisions
7. Clause 1 (Accuracy)
i) The Press must take care not to publish inaccurate,
misleading or distorted information, including pictures.
ii) A significant inaccuracy, misleading statement or
distortion once recognised must be corrected, promptly and with due prominence,
and – where appropriate – an apology published.
iii) The Press, whilst free to be partisan, must
distinguish clearly between comment, conjecture and fact.
Clause 2 (Opportunity to reply)
A fair opportunity to reply to inaccuracies must be given
when reasonably called for.
Findings of the Committee
8. The newspaper had accepted that it was not accurate to
describe the PDC as the “governing body” of darts. This was information which
was publicly available and easily verifiable, and the newspaper had not taken
proper care not to publish inaccurate or misleading information in breach of
Clause 1 (i). Furthermore, the complainant maintained that it did not
hold responsibility for carrying out disciplinary proceedings, which would be
conducted by the Darts Regulation Authority, or UK Anti Doping in cases
involving allegations of drug use. The newspaper had not been able to support
its assertion that the PDC was “conducting an official hearing”, and had
not therefore demonstrated that it had taken care in this regard not to publish
inaccurate information in accordance with the terms of clause 1 (i). These
aspects of the complaint were upheld. In the context of an article reporting
concerns about the organisation failing in its alleged obligations to deal with
allegations of drug use by a player, the resulting inaccuracies were
significant ones, requiring correction under the terms of Clause 1 (ii).
9. The newspaper was entitled to protect confidential
sources of information. The complainant disputed that a senior figure at the
organisation had confirmed the allegations to the journalist. The Committee was
not however in a position to establish that the reference to this source
represented inaccurate information in breach of the Code. In circumstances
where the organisation had originally stated publicly that the player’s
withdrawal was due to “personal reasons”, and had later made an official
statement in which it made clear that it would not be able to comment on
any anti-doping cases, it was not inaccurate for the article to state that the
PDC had “refused to clarify the situation”.
10. The terms of Clause 2 do not include an obligation to
seek comment prior to publication. Nonetheless, the newspaper had put the
specific allegations to the complainant, and was not required to seek comment
on postings from internet forums, which were clearly distinguished as the views
of the individuals in question. There was no breach of Clause 2.
Conclusions
11. The complaint was upheld.
Remedial Action Required
12. The Committee determined that, given the nature of
the breach of the Code and the publication, the appropriate remedy was the
publication of a correction, the nature, extent and prominence of which would
be determined by IPSO.
13. In the Committee’s view, the wording appended to the
article by the newspaper was insufficient remedy to the breach of the Code in
this instance; it did not address all the inaccuracies which the Committee had
established.
14. In order to remedy the breach of Clause 1, the
newspaper was required to publish a correction to the online article, the
wording of which should be agreed with IPSO in advance, making clear that the
Darts Regulation Authority, and not the PDC was the governing body for the
sport of darts, and that doping matters were dealt with by UK Anti Doping. It
should also note that the PDC does not have the power to carry out disciplinary
hearings. In addition, the correction should acknowledge that it had been
published following a ruling by the Independent Press Standards Organisation.
This correction should appear beneath the online article.
Date complaint received: 02/02/2015
Date decision issued: 08/05/2015