Decision of the Complaints Committee – 01986-21 A woman v The Daily Telegraph
Summary
of Complaint
1. A
woman complained to the Independent Press Standards Organisation that The Daily Telegraph breached Clause 1 (Accuracy), Clause 4 (Intrusion into grief and shock),
Clause 11 (Victims of sexual assault) and Clause 12 (Discrimination) of the
Editors’ Code of Practice in an article published in 2021.
2. This
decision is written in general terms, to avoid the inclusion of information
which could identify an alleged victim of sexual assault. The complainant was
the spouse who alleged to have been abused.
3. The
article reported on a court case between two spouses. It included statements
from lawyers and attributed various claims to the spouse making the complaint.
It reported that this spouse alleged they had been subject to abuse, which the
judge did not make findings on. It also reported that the judge had heard
information about the marriage. Information regarding the spouse’s profession
was included. The article contained a quote from the other spouse’s barrister
and an application this spouse made to the judge which was denied. The article
named the complainant’s profession.
4. The
article also appeared online in substantially the same format.
5. The
complainant, one of the spouses referred to, said that the article was
inaccurate in breach of Clause 1. They said one of the statements attributed to
lawyers had not been heard in court, and was not accurate. The complainant said
it was inaccurate to report that no findings had been made over the allegations
of abuse, as this had not formed part of the case, was not the purpose of the
hearing, and gave the impression that their allegations against their spouse
were dismissed. The complainant also said that the article suggested
inaccurately that the information heard by the judge was true, which they
disputed. They accepted that their spouse’s barrister had said this information
in court, but that the judge had not made findings on it. The complainant also
said they had not spoken in court, and therefore the article should have attributed
claims to their barrister.
6. The
complainant said that the article breached Clause 4 and Clause 11 by
identifying them as a victim of sexual assault. The article named the
complainant and included their allegations that their spouse had abused them.
The complainant said the application by the complainant’s spouse, which was
refused by the judge, amounted to them being a victim of sexual assault and
therefore they should not have been named. The complainant said that being
named in the same article as their alleged abuser was highly distressing and
inappropriate in further violation of Clause 4, and that they had suffered
injuries to their mental health as a result of the publication of the article.
7. The
complainant said that by identifying their profession, their religion and that
they considered themselves a victim of abuse, the article had discriminated
against them in breach of Clause 12.
8. The
publication stated that the court report had come from a press agency, and that
a reporter had been present at court. The publication said that it had taken
care not to publish inaccurate information by relying on this report, however,
it accepted that the press agency had filed an update to the article clarifying
the position. The publication amended the article, replacing the disputed
sentence with one it said reflected a further email sent by the complainant’s
barrister. It also added a clarification as a footnote to the article, and
offered to add it to their established corrections and clarifications column.
9. The
publication noted that the allegations of abuse had been aired in court, and
that it was a matter of fact that the judge had made no findings on these
allegations. The publication said that both the reporter in attendance at court
and the complainant’s barrister had confirmed that the judge had said the
statement of information. It also said the information had been said by the
complainant’s spouse’s barrister and it was therefore accurate to state that
the judge had “heard” the information about the marriage.
10. The
publication said that at no time during the court proceedings was the
complainant identified as a victim of sexual abuse. It said that the specific
allegations of abuse raised in court did not automatically involve a sexual
offence. It noted that it had a copy of the complainant’s Counsel’s skeleton
argument and there was no suggestion that the complainant was a victim of
sexual abuse within this document. It said, therefore, that Clause 11 was not
engaged.
11. The
publication said that, in addition to the above, the article was a fair and
accurate report of proceedings held in open court, and that therefore Clause 4
was not engaged.
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 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.
Clause
11 (Victims of sexual assault)
The
press must not identify or publish material likely to lead to the
identification of a victim of sexual assault unless there is adequate
justification and they are legally free to do so. Journalists are entitled to
make enquiries but must take care and exercise discretion to avoid the
unjustified disclosure of the identity of a victim of sexual assault.
Findings
of the Committee
12. The
Committee noted that the complainant’s spouse denied the allegations of abuse
and made clear that its role was to consider whether the article complied with
the Editors’ Code as a report on the proceedings, rather than to make findings
on the veracity of claims heard as part of the proceedings, including the
allegations of abuse which were in dispute between the parties.
13. The
publication had relied on a court report from a press agency, which had been
written by a journalist who was present at the court. In addition to the
information heard in court, the journalist had contacted the complainant’s
barrister to provide clarity on one aspect of the case. Newspapers are entitled
to use reports provided by agencies, but in doing so they adopt responsibility
for the care taken to ensure that information contained in the published copy
is not inaccurate, misleading or distorted.
14. The
first point considered by the Committee was the disputed statement attributed
to the complainant’s barrister. The publication said that this had not been
said in court, but rather in a subsequent telephone conversation between the
journalist and the complainant’s barrister. The complainant said that their
barrister had denied this, and pointed out the statement was not, in any case,
correct. There was clearly a conflict in the two accounts given; in such
instances the Committee would generally expect the publication to support its
account in order to demonstrate it had taken sufficient care over the disputed
claim. The publication did not provide any record or contemporaneous notes of
the conversation with the complainant’s barrister, but only the recollection of
the journalist, obtained subsequent to the complaint. This was not sufficient
to demonstrate that care had been taken not to publish inaccurate or misleading
information, and the Committee found a breach of Clause 1(i) of the Code.
15. The
publication said that there had been a misunderstanding. It appeared to be
accepted that there had been some discussion between the journalist and the
barrister regarding the disputed statement, but that there had been a
misunderstanding as to what this impact would be. This claim was significant
and required correction under Clause 1(ii).
16. The
publication offered to publish a clarification as a footnote to the online
article and in print within its established corrections and clarifications
column, which represented due prominence. The clarification was offered in the
publication’s first substantive response to the complainant, with its location
being specified later, which represented due promptness. However, the
clarification offered did not make clear that lawyers did not accurately
reflect the position put forward by the complainant’s barrister. Where the
clarification did not put the correct position on the record, it did not
satisfy the publication’s responsibilities under Clause 1(ii) and there was a
further breach.
17. The
complainant had accepted that the court had heard that they were a victim of
abuse, but that the court case was not a fact finding case on these points. It
was therefore accurate for the article to report that the judge had not made
findings on the allegations of abuse; this did not imply that the allegations
had been discounted. The article reported that the judge heard information
about the marriage. Where the complainant accepted that this was their spouse’s
position in court, the article was not inaccurate on this point. The Committee
noted that the complainant believed it was inaccurate to report that they had
said anything during the trial, as their barrister had been the one to speak.
The barrister had been representing the complainant in the proceedings; in this
context, it was not inaccurate to refer in general terms to the claims made in
support of the complaint’s case, on their instructions, as having been
attributed to the complainant. There was no breach of Clause 1 on these points.
18. With
regards to Clause 11, the Committee made clear that it was not making a finding
as to whether the complainant was a victim of sexual assault, but whether the
article had identified them as such a victim. The complainant had been named in
court without reporting restrictions. During the proceedings, there were
allegations that they had been subjected to abuse. Neither of these allegations
constituted an allegation of sexual abuse, and there was no mention of sexual
assault in the article. In these circumstances, the complainant had not been
identified as a victim of sexual assault and there was no breach of Clause 11.
19. The
complainant also said the publication of the article was intrusive in breach of
Clause 4. The Committee noted that the article was a report of the court
proceedings. Clause 4 makes clear that it does not restrict the right for
publications to report on legal proceedings. The Committee understood that the
publication of the article was upsetting for the complainant, but it was a
report of contemporaneous proceedings that had been heard in court, and there
was no breach of Clause 4.
Conclusions
20. The
complaint was partly upheld under Clause 1.
Remedial
Action Required
21.
Having upheld a breach of Clause 1, the Committee considered what remedial
action should be required. In circumstances where the Committee establishes a
breach of the Editors’ Code, it can require the publication of a correction
and/or an adjudication, the terms and placement of which is determined by IPSO.
22. The
Committee found that the newspaper had published a significant inaccuracy. In
circumstances where it was accepted by the parties this appeared to have arisen
from a misunderstanding of a discussion that the journalist had initiated for
the purpose of clarifying the complainant’s position, the Committee considered
that the appropriate remedy was the publication of a correction to put the
correct position on record.
23. The
Committee then considered the placement of this correction. This correction
should be added to the article as a footnote. This wording should only include
information required to correct the inaccuracy. The wording should also be
agreed with IPSO in advance and should make clear that it has been published
following an upheld ruling by the Independent Press Standards Organisation. If
the publication intends to continue to publish the online article without
amendment, the correction on the article should be published beneath the
headline. If the article is amended, the correction should be published as a
footnote which explains the amendments that have been made.
Date
complaint received: 01/03/2021
Date
complaint concluded by IPSO: 17/09/2021
Independent
Complaints Reviewer
The complainant complained to the Independent Complaints Reviewer about the process followed by IPSO in handling this complaint. The Independent Complaints Reviewer decided that the process was not flawed and did not uphold the request for review.
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