Decision of the Complaints Committee – 01666-22 Bird v Sunday Life
Summary
of Complaint
1. Adrian
Bird complained to the Independent Press Standards Organisation that the Sunday
Life breached Clause 1 (Accuracy) of the Editors’ Code of Practice in an
article headlined “BOOKIES GUN LOYALIST HAS STORMONT FUNDED JOB” / “Loyalist
caught with bookies massacre gun has Stormont funded job”, published on 13
February 2022.
2. The
article reported on the publication of a recent Police Ombudsman report which
investigated the murder of 12 people in an incident in 1992. The article
focused on a named individual who the publication believed featured heavily in
the report under a cypher. The article stated that he was now employed by the
Resurgam Trust, described in the article as “a government-backed community
organisation which includes ex-UDA leader [the complainant] as its director.”
3. The
article also appeared online in substantially the same format under the
headline “Loyalist caught with Belfast bookies massacre gun has Stormont-funded
job”.
4. The
complainant, who was referred to as “ex-UDA leader Aidy Bird” in the article,
said it was inaccurate in breach of Clause 1 as he stated he had never been a
leader of the Ulster Defence Association (UDA) nor been questioned or charged
with being a member of the organisation. He said that his leadership roles in
peacebuilding and conflict transformation had led to a small number of
journalists labelling him as a former UDA leader in previous press articles.
The complainant said that these references were inaccurate, but that he had
never made a complaint to IPSO or its predecessor, the Press Complaints
Commission about the articles. He did, however, provide correspondence from his
solicitors in 2010 concerning alleged inaccuracies in a different newspaper
addressed to its editor. The correspondence did not detail specific
inaccuracies but rather complained about inaccuracies in general. He also said
that he had met and challenged this editor, which resulted in the papers not
“attacking” him for a period of time.
5. The
publication said it did not accept a breach of Clause 1. It maintained that it
was a matter of record that the complainant served six years in HMP Maze as a
UDA/UFF inmate as described in a report from 1995. The report quoted the
complainant on his release along with loyalist and republican inmates and
described him as a “former commander for the outlawed Ulster Defense
Association, the largest Protestant group”. The publication further asserted
that the complainant’s senior position in the UDA was documented by a BBC
journalist and documentary maker in a book published in 1999. The publication quoted
the same journalist who in 1994 had written that the UVF and the UDA/UFF could
not contemplate calling a ceasefire in 1994 without consulting their prisoners
in the Maze, and reported that: "The first vote among the UDA and UFF
prisoners showed that there was great hostility to the idea and ominously the
opposition was led by the organisation's Officer Commanding in the Maze, Adrian
'Adie' Bird.”
6. The
publication also said that it has been widely reported that the complainant was
a former UDA leader and provided examples from newspaper articles from 1989 to
2022 in which he had been referred to as a UDA leader, UDA Boss, UDA commander,
UDA chief, “former UDA prisoner who heads up Lisburn UDA”, and “South Belfast
UDA [name’s] second in command”. Additionally, the newspaper said that its
loyalist sources had claimed the complainant took a senior role in the UDA
becoming commander in Lisburn. The publication further referenced a book which
quoted a former deputy governor at the Maze, who described the complainant as a
member of the 'loyalist leadership'.
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.
Findings
of the Committee
7. The
Committee noted the dispute between the parties as to whether the complainant
could accurately be described as a former UDA leader and acknowledged that it
was not in a position to reconcile the conflicting positions. The question for
the Committee was whether the publication had taken sufficient care over the
accuracy of its description of the complainant in these terms and whether it
could establish any significant inaccuracy requiring correction under the terms
of Clause 1 (ii).
8. The
Committee noted that the publication had provided numerous sources to support
its characterisation of the complainant’s position in the UDA, ranging from
book extracts to newspaper coverage. While it appreciated that the complainant
disputed the accuracy of previous coverage of his membership and status within
the UDA and acknowledged that his solicitors had contacted a different
publication concerning alleged inaccuracies, it noted that the correspondence
provided did not include a denial of the specific claim under dispute in this
complaint. The Committee also noted that these letters had been directed to a
different publication, and it did not appear that any correction relating to
the complainant’s alleged position in the UDA had resulted from the correspondence.
It therefore did not consider the correspondence had a bearing on whether the
newspaper had taken care to accurately report the complainant’s previous status
within the UDA.
9. In
this instance, where the publication had provided numerous sources, published
over a considerable timespan in both newspapers and books, that described the
complainant as holding a senior role in the UDA, and where previous reports
remained available uncorrected, the Committee was satisfied that the
publication had taken sufficient care over the accuracy of the allegation that
the complainant was a former leader of the UDA and there was no breach on
Clause 1 (i).
10.
Furthermore, in circumstances where the publication had provided significant
substantiation and detail to corroborate its claim about the complainant’s
status, and the claim had been well-established in the public domain through
repeated publication over many years, which appeared to be unchallenged by the
complainant, the Committee did not consider that it was in a position to
establish a significant inaccuracy requiring correction under Clause 1 (ii) in
this instance.
Conclusion(s)
11. The
complaint was not upheld.
Remedial
Action Required
12. N/A
Date
complaint received: 17/02/2022
Date complaint concluded by IPSO: 06/06/2022
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