· Decision of the Complaints Committee 01512-15 Jon v Western Gazette
Summary of
complaint
1. Mary Jon complained to the Independent Press Standards
Organisation that the Western Gazette had breached Clause 5 (Intrusion into
grief or shock) and Clause 9 (Reporting of Crime) of the Editors’ Code of
Practice in an article headlined “'I've just killed someone': Yeovil driver
panicked and ran over dogwalker after hitting another car”, published on its
website on 5 March 2015.
2. The article was accompanied with a picture gallery
containing a number of photographs of a car, which had been severely damaged
following a crash, in which a very close friend of the complainant had died on
6 April 2014, and the scene of the accident including the damage which had been
done to a nearby wall, bouquets of flowers that had been left at the scene and
a photograph of the crash scene being attended by police officers, who had
cornered off the road with incidenttape. The driver of the car had pleaded
guilty to causing death by dangerous driving. The gallery also included a
photograph of the woman who had died. The driver of the car had pleaded guilty
to causing death by dangerous driving.
3. The complainant said that she was one of the people
who had been closest to the deceased. She said that the photographs were
upsetting, and served no purpose, given that it was obvious that the car would
have been damaged in the crash. She was concerned that the article had given
the deceased the title “Ms”, rather than “Miss”. She expressed concern
that the newspaper had reported details of the driver’s charity fundraising,
which she considered inappropriate in the context of his crime, citing Clause 9
(Reporting of Crime) on this point.
4. The newspaper said that the photographs were released
by the CPS after the court proceedings, and were part of the evidence submitted
to the court. It said that it uploaded the pictures because it clearly
demonstrated that the car had been travelling at an excessive speed in a
residential area. It said it had decided not to publish some of the photographs
because of their more sensitive nature. It said that the use of the title “Ms”
was not inaccurate, as it can be used before the name of a woman regardless of
her marital status. It said that the judge had taken character references
into account during sentencing, and denied that the inclusion of background
details of the defendant raised a breach of Clause 9.
Relevant Code Provisions
5. Clause 5 (Intrusion into Grief or Shock)
i) In cases involving personal grief or shock, enquiries
and approaches must be made with sympathy and discretion and publication
handled sensitively. This should not restrict the right to report legal
proceedings, such as inquests.
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.
ii) Particular regard should be paid to the potentially
vulnerable position of children who witness, or are victims of, crime. This
should not restrict the right to report legal proceedings.
Findings of the Committee
6. The Committee expressed its sympathy to the
complainant for her loss. It noted that the images had formed part of court
proceedings and had been released to the media by the CPS. Given the length of
time since the car crash, and the nature of the photographs in question, the
newspaper’s decision to publish them was not insensitive under the terms of
Clause 5. The use of the title “Ms” rather than “Miss”, as the complainant
would have preferred, was not insensitive, and there was no breach of Clause 5
on this point.
7. The concern the complainant raised under Clause 9 did
not engage the terms of this Clause, and the Committee did not consider it
further.
Conclusions
8. The complaint was not upheld
Remedial Action Required
N/A
Date complaint received: 11/03/2015
Date decision issued: 30/04/2014