Decision of the Complaints Committee 01255-14 Holman v
Best
Summary of
complaint
1. Richard Holman complained to the Independent Press
Standards Organisation that Best magazine had breached Clause 1 (Accuracy) and
Clause 2 (Opportunity to reply) of the Editors’ Code of Practice in an article
headlined “Branded a prostitute by a love rat plumber”, published on 7 October
2014.
2. The magazine had published an interview with Rachel
Lyne, who explained how she had been harassed following her involvement with
the complainant. Ms Lyne said that after her relationship with the complainant,
he and his wife had created 157 false internet profiles of her claiming she was
a prostitute, drug dealer and benefits cheat. The complainant and his former
wife received custodial sentences for harassment. The article reported that the
complainant had had a “casual” relationship with Ms Lyne while he had been
married. It described the complainant as a “love rat”, and said that, following
the relationship, Ms Lyne had suffered as a result of the harassment to which
she had been subjected.
3. The complainant was concerned that the article
contained a number of inaccuracies. He said that it had been inaccurate to say
that he had been married, and to describe him as a “love rat”, as he and his
former wife had been divorced at the time. The complainant denied that he had a
relationship with Ms Lyne. He also said that his ex-wife had not called her a
“whore” or “home wrecker”, as had been reported in the article. The complainant
said that the court had found that he and his ex-wife had published the
material about Ms Lyne on five websites; not 157 websites. He also denied that
Ms Lyne had suspected that he had been responsible for the harassment, or that
she had she moved because of the conduct of him and his ex-wife.
4. The magazine said that the story had been told from
the perspective of Ms Lyne. As there had clearly been a dispute between the
complainant and Ms Lyne, it was not surprising that her view of the
relationship was different to the complainant’s. The inaccuracies alleged by
the complainant were minor in the context of the full story; the facts of the
story were that the complainant and his ex-wife had been convicted of
publishing “degrading and false information about Ms Lyne, with the intention
of leading the public to believe that she was a prostitute”. Both individuals
had been given a custodial sentence for their crimes.
5. The magazine accepted that the complainant had been
divorced at the time of his relationship with Ms Lyne and provided reporter’s
notes which made clear that the court had heard that the complainant and his
former wife had been divorced at the time. It said that the complainant had,
however, been living with his ex-wife. In this context, the publication did not
accept that the inaccuracy was significant such as to require correction under
the terms of the Code. The point of the allegation was that the complainant had
been dishonest about the nature of his personal life, and that Ms Lyne was
understandably surprised to learn that Mr Holman lived with his ex-wife. The
term “love rat” is commonly used to describe someone who had behaved poorly in
a relationship; it does not necessarily mean that someone had been unfaithful
to their partner.
6. Ms Lyne said that she had had a brief relationship
with the complainant, which had included some social activity. While the
complainant and Ms Lyne disagreed about the nature of their relationship, the
article had been told from the perspective of Ms Lyne.
7. Ms Lyne had said that the complainant’s ex-wife had
called her a “home wrecker”. This was included in the evidence she gave the
Court prior to the complainant’s conviction. The publication said that, in any
case, this did not represent a significant detail; the allegation was that the
complainant had been dishonest about his personal life.
8. Ms Lyne had been entitled to express her own opinion
as to why she moved and who she thought had been responsible for the
harassment.
9. The magazine said that Ms Lyne believed that the
material had been published on 157 websites. The article had not said that this
was established in court. It had, however, been established in court that the
material had been published on a number of websites by the complainant and his
ex-wife. The publication said that the material could easily have been further
disseminated following the original publication, onto other sites.
10. The magazine said that it had made significant
efforts to verify the key facts of the story with the police and the courts.
The complainant’s conviction for these offences was a matter of public record.
The article represented Ms Lyne’s view in relation to these offences, and the
effect that they had on her. The magazine had not been obliged to offer the
complainant an opportunity to reply.
11. Although the magazine did not accept that the article
contained any significant inaccuracies, as an attempt to resolve the complaint
it offered to publish the following correction:
Best
Best is happy to clarify details regarding our story
‘Branded a prostitute by a love rat plumber’ in Issue 40. Our interviewee
Rachel Lyne believed that Richard Holman, who along with his ex-wife Amanda was
jailed for harassing Ms Lyne, was still married to Amanda at the time. Mr
Holman would like us to point out that in fact he and Amanda were divorced despite
living together.
Relevant Code Provisions
12. 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
13. The article had inaccurately reported that the
complainant had been married at the time of his involvement with Ms Lyne. The
publication had notes from the court reporter which confirmed that the
complainant had not been married at the time. This demonstrated a failure to
take care over the accuracy of the article, in breach of Clause 1 (i) of the
Code. The suggestion in the article that the complainant had conducted an extra
marital affair represented a significant inaccuracy which required correction
under the terms of Clause 1 (ii).
14. The article said that Ms Lyne had “found 157 online
profiles claiming [she] was a prostitute, drug dealer and benefits cheat”.
While the complainant said that he and his former wife had not been convicted
in relation to publication of the material on this number of sites, it was Ms
Lyne’s position that the material could be found on that number of sites. The
complainant and his ex-wife had been convicted for publishing the information
on the internet and did not dispute Ms Lyne’s account of how widely that
material had subsequently spread. There was no breach of the Code on this
point.
15. In relation to the complainant’s concerns about the
description of the nature of his encounters with Ms Lyne; her understanding of
who was responsible for the harassment; her motivation for moving home and her
description of her interaction with the complainant’s ex-wife, the Committee
took the view that the magazine had been entitled to reports Ms Lyne’s personal
account of her experiences. It was clear that the complainant and Ms Lyne had
been involved in an acrimonious situation, and it was clear that Ms Lyne’s
account represented her side of the events. The article had not been
significantly misleading on these points.
16. The magazine had offered to publish a correction to
address the inaccuracy in the article. A reply was not therefore reasonably
called for under the terms of the Code. There was no breach of Clause 2.
Conclusions
17. The complaint was upheld.
Remedial Action Required
18. Having upheld the complaint under Clause 1 (i), 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 Editors’ Code are met.
The magazine had offered to publish a correction which
made clear that the complainant had not been married at the time of his
involvement with Ms Lyne. In the circumstances, the publication of this
correction was appropriate remedial action, and this should now be
published. This should be published on the same page, or further forward,
than the original article.
Date complaint received 10/10/2014
Date decision issued 17/04/2015