Decision
of the Complaints Committee – 01139-22 Mehson v Mail Online
Summary
of Complaint
1. Nadia
Mehson complained to the Independent Press Standards Organisation that Mail
Online breached Clause 1 (Accuracy), Clause 2 (Privacy), Clause 3 (Harassment),
and Clause 4 (Intrusion into grief or shock) of the Editors’ Code of Practice
in an article headlined “’Obsessed’ boyfriend, 54, admits hurling a rock at his
company director ex-girlfriend's Porsche outside her £1.5m Sandbanks mansion
and bombarding her with messages”, published on 25th January 2022.
2. The
article reported on court proceedings. It said that the defendant “hurled a
boulder-sized rock at ex-girlfriend [the complainant’s] Porsche Boxster that
was parked on the driveway of her £1.5m detached house overlooking Poole
Harbour, Dorset”. It also reported that the defendant had “bombarded” the
complainant with texts “after their relationship deteriorated last year and
demanded she hand over £20,000 owed to him” and that he left multiple public
messages on her Facebook page “accusing her of sleeping with another man”. The
article reported that, after her car window was smashed, the complainant “said
she was left traumatised by the attack and feared he would hurt her elderly
parents who lived next door”. The article stated that the prosecution had said
“’[t]he victim and the defendant had been in a relationship for a decade. It
broke down because the defendant suspected that the victim was cheating […] On
September 21 the victim received a text saying, ‘I know you slept with [named
man] […] This is an obsession which has been going on for two and a half
years’”. The article included an image of the complainant’s car in the
driveway. It also included two images of the complainant: one on her own and
one with the defendant.
3. The
complainant said that the article was inaccurate in breach of Clause 1 because
it reported that the defendant suspected she was cheating on him with another
man. She said the article did not make clear that, during court proceedings,
the defence had confirmed the defendant’s allegation was incorrect. She said
this gave the inaccurate impression that she was promiscuous and had cheated on
her former partner. The complainant said the article was also inaccurate
because it gave the value of her house as £1.5 million but this was based on a
property that was not hers.
4. The
complainant said the article also breached Clause 2 because it published her
name without her consent. She said she was the victim of the attack and wanted
to remain anonymous as she had not told anyone beyond her immediate family
about the offence but now many people were aware. She also said the article
breached Clause 2 because it included images of her that further identified
her. She said these images were on her Facebook page - but had not been her
profile picture at any time - which had been closed since September 2021, and
her privacy settings had previously been “friends of friends”. She said that
the photograph that showed just her was taken inside and so showed the interior
of her home. The complainant said the article also breached Clause 2 because
her occupation, her address, and the value of her house were given without her
consent and these details were not relevant to the report. The complainant said
the article further breached Clause 2 because she said photographs of her car
might have been taken on private land without consent. She said the car was a
one-off edition and people would now be aware of who owned the car or would
connect her to the article if they saw her with it.
5. The
complainant said the article also breached Clause 3 (Harassment) because the
reporter attended her family’s property without forewarning and spoke to her
parents without identifying himself. He explained to her parents that he was
looking for the complainant and when he was informed she was not present, he
asked the complainant’s parents for comment. The complainant said the reporter
would not give his name or reveal how he knew where she lived. She said her
father had spoken to the reporter through an open window and asked his purpose
for visiting. The reporter replied and stated he was looking for the
complainant and that he was a reporter looking for a comment regarding the
recent court hearing but did not give his name. She said her parents were
unaware that there had been a recent hearing and told the journalist to leave
them alone and go away. The journalist then asked for her parents to comment on
the incident and the result of the hearing. The complainant said her father had
replied to the journalist by saying he was not sure what the journalist was
talking about and said he had nothing to say. The complainant said the reporter
explained the defendant had pleaded guilty and again asked for comment. She
said her father again asked the reporter to go away and then he shut the window
to stop the journalist from asking anything further.
6. The
complainant said the journalist’s conduct also breached Clause 4. She said she
was not aware the court proceedings had occurred at the point the journalist
visited her home. She said the journalist attended her address before she had
been informed by police about the hearing or the defendant’s plea. She stated
that it was intrusive of the journalist to request an interview and take
pictures when she was in a state of shock.
7. The
publication did not accept a breach of Clause 1. It said the article had quoted
what had been said by the prosecutor in open court and that the defendant had
accused her of cheating on him. The publication also said it had used the words
“accusing” and “suspected” to indicate these were allegations rather than
claims of fact. Where it was made clear that this had been said by the
prosecution, the publication stated it had distinguished between comment and
fact. It also stated that the article had reported that the defendant had had a
“two and a half year obsession”, which implied that the allegations were part
of his obsession rather than fact. Regarding whether the publication had based
the value of the complainant’s property on the wrong house, it said it had used
the address stated on the court list. It said Land Registry records showed the
house last sold for £1,395,950, and said £1.5 million was not significantly
inaccurate, but offered to change the article to say the house was worth £1.4
million.
8. The
publication also did not accept a breach of Clause 2. It said the information
included had been heard in open court, and so was in the public domain, or was
a matter of public record. The complainant’s name had been heard during
proceedings and so the publication said it did not need to ask her permission
to include it. It also said the photographs of her car had been taken from a
public street meaning that any passer-by would have been able to see it and so
there was no intrusion into her privacy. In addition, it said the complainant’s
position as a company director as well as the value of her house were matters
of public record and so there was no realistic expectation of privacy regarding
this information. Regarding the images of the complainant, the publication said
these were taken from her Facebook page that was public at the time the article
was written. It also said that these images did not reveal private information
about the complainant.
9. The
publication did not accept a breach of Clause 3. It said it had obtained the
article from an agency. The agency reporter said he had obtained the
complainant’s address from the court list and when he had attended the
property, he saw her car in the driveway next door. He said he was aware that
she lived near her parents as it had been heard in court and so assumed she was
visiting them. He also thought he could see the complainant sitting on the
porch through a large window. The reporter said he went to this property,
checked he had the right address, and then knocked on the door. He said an
elderly gentleman opened the door and the reporter asked to speak to the
complainant. The man looked like he was going to get her but then stopped and
asked what the visit was about. The reporter said he was transparent about the
fact he was a reporter, although he had not had the opportunity to provide his
name. The reporter had said he was told by the complainant’s father that he and
his wife did not wish to comment, and he then left the property and that the
interaction had lasted less than two minutes.
10. The
publication said Clause 4 was not engaged. It stated the Clause is designed to
prevent insensitive publication and to ensure that approaches made by reporters
are handled with sympathy and discretion.
11. The
complainant disputed the reporter’s account of his approach. She said she had
not been at her parents’ home at the time, and so it was not her the reporter
had seen through the window, but her mother. She also said he could not have
knocked on the door as the door was up a flight of stairs and her father had
spoken to him out of the window. The complainant said that, as she was not
there and as her father was aware of her desire for privacy, he would not have
gone to fetch her before finding out why the reporter was there.
12. The
complainant also disputed the publication’s explanation regarding the photos
from her social media. She said she had closed down her Facebook account in
September of the previous year and so the publication could not have taken them
from there.
13. The publication said that it did appear as
though the complainant’s father had opened the window just before the reporter
could knock on the door but denied that this was a significant point of
divergence. Regarding the complainant’s Facebook page, the publication said it
had not taken screenshots showing it was public when it accessed the images but
stated that her page was accessible to the public at the time.
Relevant
Code Provisions
Clause 1
(Accuracy)
i) The
Press must take care not to publish inaccurate, misleading or distorted
information or images, including headlines not supported by the text.
ii) A
significant inaccuracy, misleading statement or distortion must be corrected,
promptly and with due prominence, and — where appropriate — an apology
published. In cases involving IPSO, due prominence should be as required by the
regulator.
iii) A
fair opportunity to reply to significant inaccuracies should be given, when
reasonably called for.
iv) The
Press, while free to editorialise and campaign, must distinguish clearly
between comment, conjecture and fact.
Clause 2
(Privacy)*
i)
Everyone is entitled to respect for their private and family life, home,
physical and mental 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.
iii) It
is unacceptable to photograph individuals, without their consent, in public or
private places where there is a reasonable expectation of privacy.
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.
Clause 4
(Intrusion into grief or shock)
In cases
involving personal grief or shock, enquiries and approaches must be made with
sympathy and discretion and publication handled sensitively. These provisions
should not restrict the right to report legal proceedings.
Findings
of the Committee
14. The
Committee first considered the points of complaint under Clause 1. The
complainant’s first concern was that the article was inaccurate because it
reported that the defendant’s behaviour had been motivated by the suspicion
that the complainant was “cheating” on him with another man, because the
defence had subsequently accepted that she had not been cheating. However, the
Committee considered that it was clear from the article that this was the
summary of the situation as put forward by the prosecution as to the reasons
for his behaviour at the time. Where it was not in dispute that this was heard
in court, and where the article did not state as fact that the complainant had
cheated on the defendant, it was not inaccurate or misleading for the article
to report it. In relation to the complainant’s address, whilst the Committee
noted the dispute that occurred during the investigation regarding the
complainant’s actual address, it was not in dispute that her home was worth
£1.5 million as reported in the article. Where the complaint about the article
was whether it was relevant to include the price of her house, it was not
inaccurate to report the value. There was no breach of Clause 1 in relation to
any of these points.
15. The
Committee then turned to the complaint under Clause 2 (Privacy). Regarding the
publication of the complainant’s name in connection to the offence of which she
was a victim; this information was heard in court. In accordance with the
principle of open justice, newspapers are entitled to report what is heard in
court, provided no reporting restrictions are in place, and once something is
heard in court it is effectively in the public domain. Therefore, whilst the
Committee extended its sympathies to the complainant in light of what she had
experienced, the publication of her name in connection to court proceedings did
not breach Clause 2. Similarly, the complainant’s occupation as a company
director and the value of the residence given as her address at court were
matters of public record and was not information over which there was a
reasonable expectation of privacy. There was no breach of Clause 2 on this
point.
16. The
Committee then considered the photographs within the article. The Committee acknowledged
that the complainant said her car was a limited edition but considered that the
fact that she owned a particular car was not, in and of itself, something that
could be considered private. Equally, the Committee noted there was a dispute
about how the publication had sourced the images of the complainant but noted
that it was not in a position to reconcile these accounts or discern the true
position. It also expressed concern that the publication had not retained
screenshots of the complainant’s profile page to show that it was accessible at
the time of compiling the article. However, the complainant accepted that the
photos in question had been shared by her on Facebook and that they would, on
account of being shared with “friends of friends” have been viewable by a
potentially significant audience beyond her immediate approved contacts. In
addition, the Committee noted that the image of the complainant on her own
remained on a publicly accessible Instagram page and so there was not a
reasonable expectation of privacy over it. Regarding the image of the
complainant and the defendant, the Committee considered this only revealed the
complainant’s relationship with the defendant, which was already public
knowledge. For these reasons, there was no breach of Clause 2 on this point.
17. The
Committee then considered the concerns raised under Clause 3. The Committee
noted that there was a dispute between the complainant and the publication as
to the exact nature of the events when the journalist had visited the
complainant’s family home. There were no notes or recordings that the Committee
could assess to assist its consideration. However, it was common ground that
the journalist had visited on one occasion, had asked no more than three
questions, did not engage in aggression or intimidation, and, having been asked
to leave, did do so after a short period of time and then did not return. Given
that it was not in dispute that this was the only approach and that it was
brief, the Committee considered the reporter appeared to have engaged in
behaviour within the reasonable scope of newsgathering. This did not constitute
harassment under the terms of Clause 3 and there was no breach.
18.
Finally, the Committee considered the complaint under Clause 4. The Committee
noted that the complainant had not been informed of the recent court
proceedings and had become aware of them via contact with the reporter. The
terms of Clause 4 do not prohibit approaches but require that they are handled
with sensitivity and discretion. Whilst the Committee acknowledged that finding
out the information this way was distressing, her account did not indicate that
the journalist had been insensitive when attempting to approach her for
comment. There was no breach of Clause 4.
Conclusion(s)
19. The
complaint was not upheld.
Remedial
Action Required
Date
complaint received: 27/01/2022
Date complaint concluded by IPSO: 21/09/2022
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