· Decision of the Complaints Committee 00975-15 Turnbull v Hartlepool Mail
Summary of
complaint
1. Catherine Robson, acting on behalf of her daughter
Helen Turnbull, complained to the Independent Press Standards Organisation that
the Hartlepool Mail had breached Clause 1 (Accuracy), Clause 4 (Harassment),
Clause 6 (Children), Clause 9 (Reporting of crime) and Clause 10 (Clandestine
devices and subterfuge) of the Editors’ Code of Practice in an article
headlined “Ex-husband of shamed teaching assistant speaks out after sex trial”,
published on 23 November 2014.
2. The article reported that Ms Turnbull, a former
teaching assistant, had pleaded guilty to one count of sexual activity with a
child by a person in a position of trust. She had kissed and sent an explicit
text message to a child. The article reported the claim of her ex-husband, Ben
Turnbull, that she had shown a “longstanding interest in teenage boys”.
3. The complainant said the article contained a number of
inaccuracies: Ms Turnbull had not shown a “longstanding interest in teenage
boys”; she had not spent all her spare money on clothes; she had not taken two
hours to get ready for work; and she had not bragged about the effect her
appearance had on male pupils.
4. The complainant said reporters had persistently
questioned Ms Turnbull outside court, and photographers had taken her
photograph without permission in breach of Clause 4 (Harassment). She expressed
particular concern that one photographer had attempted an “up-skirt” shot and
had been warned by a police officer that his behaviour constituted harassment.
The complainant did not know if the photographer had represented the newspaper
under complaint.
5. The complainant considered that a reference to Ms
Turnbull losing custody of her children represented a breach of Clause 6
(Children) and Clause 9 (Reporting of crime), and said the newspaper had
published a video of Ms Turnbull walking to court that had been filmed by a
camera that had been hidden inside a bus stop, in breach of Clause 10
(Clandestine devices and subterfuge).
6. The newspaper said it had published photographs and a
video of Ms Turnbull outside court where she had no reasonable expectation of
privacy.
7. It said it had investigated the complainant’s concerns
that Ms Turnbull had been harassed by the press outside court, and its staff
had confirmed that they had not harassed her or any other party. The agency
that had supplied the published photographs provided a selection of images
taken by its photographer on the three days they had attended court.
8. The newspaper did not believe that the article had
identified the children.
9. The complainant said her daughter had been harassed
every day of the eight days of court proceedings, but none of the photographs
supplied were taken the day that a photographer attempted to take a photograph
up her daughter’s skirt.
Relevant Code Provisions
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. In cases involving the
Regulator, prominence should be agreed with the Regulator in advance.
Clause 4 (Harassment)
i) Journalists must not engage in intimidation,
harassment or persistent pursuit.
ii) They must not persist in questioning, telephoning,
pursuing or photographing individuals once asked to desist; nor remain on their
property when asked to leave and must not follow them. If requested, they must
identify themselves and whom they represent.
iii) Editors must ensure these principles are observed by
those working for them and take care not to use non-compliant material from
other sources.
Clause 6 (Children)
i) Young people should be free to complete their time at
school without unnecessary intrusion.
iv) Minors must not be paid for material involving
children's welfare, nor parents or guardians for material about their children
or wards, unless it is clearly in the child's interest.
Clause 9 (Reporting of crime)
i) Relatives or friends of persons convicted or accused
of crime should not generally be identified without their consent, unless they
are genuinely relevant to the story.
Clause 10 (Clandestine devices and subterfuge)
i) The press must not seek to obtain or publish material
acquired by using hidden cameras or clandestine listening devices; or by
intercepting private or mobile telephone calls, messages or emails; or by the
unauthorised removal of documents or photographs; or by accessing
digitally-held private information without consent.
Findings of the Committee
11. The complainant’s concerns regarding the article’s
accuracy related directly to her former husband’s account of his ex-wife’s
conduct. The account had been attributed to him and clearly represented his position
alone. It made clear that it was his “claim” that Ms Turnbull had shown a
“long-standing interest in teenage boys”. Although Mr Turnbull’s comments had
been ruled inadmissible by the judge, the Committee noted that these claims had
been heard in court. The article had also made clear that Ms Turnbull had
admitted to one offence involving kissing and texting one boy. Given Ms
Turnbull’s admissions, the publication of Mr Turnbull’s comments did not
represent a failure to take care over the accuracy of the article. The article
had not given the significantly misleading impression that Mr Turnbull’s
comments were definitive. The complaint under Clause 1 was not upheld.
12. The Committee was concerned to hear the complainant’s
contention that Ms Turnbull had been harassed outside court. The Committee’s
task was to establish whether the newspaper under complaint had been
responsible for the harassment. The newspaper would be responsible if the
harassment had been carried out by a member of its staff or by an external
contributor, such as an agency.
13. The newspaper had purchased photographs supplied by a
press agency, which had been present on only three days of the proceedings, and
the complainant had confirmed that none of the images had been taken on the day
that an “up-skirt” shot had allegedly been attempted. The images did not appear
to have been taken in circumstances of harassment. As there were no grounds to
suggest that individuals representing the newspaper had behaved in a manner
that constituted harassment, the complaint under Clause 4 was not upheld.
14. The newspaper had not identified Ms Turnbull’s
children. It had reported that Ms Turnbull’s conviction had led to her losing
custody of the children to their father. The brief reference to the children in
the context of a discussion of the impact of her crime on her family did not
constitute an intrusion into the children’s time at school in breach of Clause
6. Nor had a relative or friend been identified in breach of Clause 9. There
was also no evidence to suggest that the newspaper had sought to obtain or
publish material that had been acquired by using a hidden camera in breach of
Clause 10.
Conclusions
15. The complaint was not upheld.
Remedial Action Required
N/A
Date complaint received: 18/02/2015
Date decision issued: 24/07/2015