Decision of the Complaints Committee –
01119-20 Dickinson v thenorthernecho.co.uk
Summary of Complaint
1. Sharon Dickinson complained to the
Independent Press Standards Organisation that thenorthernecho.co.uk breached
Clause 2 (Privacy) and Clause 3 (Harassment) of the Editors’ Code of Practice
in an article headlined "Sentence suspended for thieving Bishop Middleham
school secretary”, published on 22 February 2020.
2. The article reported on a court case
at Durham Crown Court in which the complainant stood accused of theft and
fraud. The article reported that the complainant had changed her plea to guilty
on day two of the trial. The article also contained a picture of the
complainant entering the court building.
3. The complainant said that the
picture of her entering the court building was taken without her consent. She
said that the photographer who took it was hiding behind a pillar and was
obscured by a bush. The complainant provided photos of the photographer and of
the location from which the photo was taken. The complainant said that this
behaviour had unnerved her and was therefore harassment. She also said that,
because she was not aware of the photographer at first, she had not had the
opportunity to disguise or cover her face. She was therefore identifiable,
which she said breached Clause 2.
4. The publication did not accept it
had breached the Code. It stated that the photographer was not hiding or
disguised. Rather, as photographers are not allowed within court property,
there was nowhere else for the photographer to wait, other than behind the
wall, pillars or foliage. It stated that as court proceedings are public, a
defendant in a court case has no reasonable expectation of privacy over their
identity or a picture merely revealing it. It did not accept that the taking of
a photograph constituted harassment; as part of the principle of open justice,
defendants should expect to be identified or photographed when visiting
court.
Relevant Code Provisions
5. Clause 2 (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. In considering
an individual's reasonable expectation of privacy, account will be taken of the
complainant's own public disclosures of information and the extent to which the
material complained about is already in the public domain or will become so.
6. Clause 3 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 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.
Findings of the Committee
7. The photograph was taken of the
complainant entering court; this is a venue which is generally open to, and
accessible by, members of the public. Additionally, the court proceedings
reported on were open to the public. The complainant was not engaged in any
private activity and the photograph only revealed her likeness. The complainant
did not have a reasonable expectation of privacy in these circumstances. As
such, the complainant did not need to give her consent to be photographed.
There was no breach of Clause 2.
8. There had not been any exchange
between the complainant and the photographer. There was no basis to find that a
request to desist had been made. While the complainant had been startled by the
presence of the photographer in the vicinity of the court, this did not
constitute “intimidation, harassment or persistent pursuit” in these
circumstances. Clause 3 was not engaged.
Conclusion
9. The complaint was not upheld.
Remedial Action Required
10. N/A
Date complaint received: 21/02/2020
Date decision issued: 11/05/2020