Decision of the Complaints
Committee – 02114-22 Bird v thesun.co.uk
Summary of Complaint
1. Neil Bird complained
to the Independent Press Standards Organisation that thesun.co.uk breached Clause 1 (Accuracy) of the
Editors’ Code of Practice in an article headlined “PERVERT FREED Sex offender
who filmed himself raping a dog and sent the video to a friend on WhatsApp
walks free from court”, published on 17th March 2022.
2. The article reported that the
complainant had “filmed himself raping a dog and sent the video to a friend on
WhatsApp [and] has walked free from court”. It said he “also filmed himself
having sex with a teenager, searched online for extreme porn and downloaded
indecent images of children, York Crown Court heard”. The article stated,
“Andrew Finlay, prosecuting, said that once Bird had engaged in the sexual act
with the defenceless pup, he sent the footage onto someone he knew through
Whatsapp”. It also quoted the defence which stated that the complainant
“accept[ed] he made that video, and it is sexual in nature, his intention was
to send it in the course of an argument. It wasn't for sexual gratification of
him or anyone else”. The article reported that the complainant had “pleaded
guilty to two charges of possessing extreme pornography and four of having
indecent images of children” and that “he was found to have 38 extreme images
and five indecent images featuring children aged seven to 10” in addition to the
video of the teenager. The article said that the prosecution had stated that
the complainant met the teenager though an “internet dating website” and that
the teenager had “lied about his age” and claimed he was 18. The two
had engaged in “consensual sex” but that police “found a film of the two of
them engaging in sex when they searched [the complainant’s] tablet and mobile
phone”. The article stated the complainant “was given a 20-month prison
sentence suspended for two years on the condition that he completed 20 days'
rehabilitative activities”.
3. The complainant said that the article was
inaccurate in breach of Clause 1 because it reported that he had “pleaded guilty to two charges of possessing extreme
pornography and four of having indecent images of children”. He said the
charges only related to one child – the teenager with whom he had engaged in
consensual sex. He provided a copy of his conviction sheet which
showed he had been convicted of four counts of “making indecent photos of [a]
child” and two counts of “possession [of] extreme pornographic imag[es]”. He
also provided a copy of the MG5 (the police report of the case) Thee
complainant also confirmed that it had been heard in court that “he was found
to have 38 extreme images” as well as “five indecent images featuring children
aged seven to 10”. He also provided a witness statement from an officer
involved in the downloading of his devices.
4. The complainant also said the article was
inaccurate because he had not “rap[ed] a dog”. Rather, he said he had touching
the dog’s penis to assist it in mating with another dog. The complainant stated
that, whilst it was heard in court that the video was “sexual in nature”, there
was no sexual gratification resulting from the video for either party as it was
sent as an insult during an argument.
5. The complainant also said it was inaccurate for the
article to report that the prosecution had said “once [the complainant] had
engaged in the sexual act with the defenceless pup, he sent the footage onto
someone he knew through Whatsapp”. He asserted that the prosecution had not
used the word “pup” or “defenceless”.
6. He also said the article breached
Clause 1 because it reported that “he was found
to have 38 extreme images and five indecent images featuring children aged
seven to 10”. He said that this implied that the “38 extreme images” were also
“indecent images of children aged seven to 10” and that there should have been
a clearer distinction, as he had been found to possess only 5 indecent – not
extreme – images of children aged seven to 10.
7. The complainant said the article further breached
Clause 1 as it said he had been “freed”. He said this was inaccurate as it
implied that he had been imprisoned, which was not the case. He also disputed
the term “pervert” as this had not been heard in court.
8. The publication said it did not accept a breach of
Clause 1. The publication did not accept that referring to multiple “children”
instead of a singular “child” was inaccurate and it cited the court reporter’s
notes which referred to “children”. The reporter’s notes, which the publication
provided, explicitly stated that during the sentencing hearing, the prosecution
had said that “police also found indecent images of children on the phone” and
that there were Category B images showing children aged eight to ten, and
Category C images showing children aged approximately seven or eight, and that
these were distinct from the images of the teenager. The publication also said
that the relevant legislation (Section 1 Protection of Children Act 1978) was
entitled “Indecent Images of Children” and created an offence of possession of
an indecent image of a “child” because the singular form was used in the
description for legal clarity and said that this was why the complainant’s
conviction sheet had referred to “making indecent images of [a] child” and
“possession [of] extreme pornographic imag[es]”. It said it had been heard in
court from the prosecution that the term “indecent images of ‘children’” was
used. The publication also disputed that the complainant had provided his full
charge sheet and stated that it appeared he had only shown charges 5 to 7 as
this is what the numbers seemed to suggest.
9. The complainant said the charge sheet he had
provided was all he had been given and that the police had confirmed it was
correct. However, he did not provide evidence of the police’s statement on this
point.
10. Regarding whether the complainant had
“filmed himself raping a dog” and “defenceless pup”, the publication provided
part of the court reporter’s notes that said images showing the “defendant
engaging in sexual activity with his dog he had created these himself […] at
least some of these images had been sent by the defendant using What’s App
[sic]”. The publication also said that there was no significant difference
between “raping” a dog and masturbating a dog as described by the complainant.
It stated that the concept of rape in UK law is limited to humans and so
applying it to a situation involving a dog, which could not consent, could not
be significantly misleading or inaccurate. Notwithstanding this, it offered to
amend the article to say the complainant engaged in a “sex act” with the dog.
11. Regarding the point of complaint about
the word “pervert”, the publication said the article did not suggest that this
had been heard in court. It asserted that it was clearly the publication’s
characterisation of the complainant’s actions in relation to what he was
charged with. Similarly, the publication did not accept it was inaccurate for
the article to state that the complainant had been “freed”. The article did not
state that the complainant had been imprisoned and, in the context of the court
report, “freed” meant he had avoided a custodial sentence.
12. The publication also did not accept a
breach of Clause 1 regarding the reference to “38
extreme images and five indecent images featuring children aged seven to 10”
being found. It said the article accurately reflected the reporter’s notes and
what was heard in court on this point.
13. During IPSO’s investigation, the
complainant was asked to set out each charge he had faced regardless of whether
he had pleaded guilty to them. He said his position was that it was heard in
court that he was found to have 38 extreme images, but that it had not been
heard that these related to children. He said he was not found guilty of
possessing indecent images of children. He said it was also heard in court that
he had been found with five indecent images of children aged five to seven, but
this was not what he had pleaded guilty to and he was not convicted of this. .
He said he pleaded guilty to four counts of making indecent photos of a child
and two counts of possessing extreme pornographic images. The complainant also explicitly asked his solicitor
whether the charge of making indecent images of a child related to one or more
children, and why it was heard in court he had been found with images of
children aged 5 to 7 if he had not been charged with this. In
response, the complainant provided (via his solicitor) the basis of plea and
the MG22D (streamlined forensic report), but did not reply further on this
point.. The complainant said the written basis of plea showed he recognised
that there may have been additional images of children, but that they had been
deleted and that he believed they were sent unsolicited by a third party. The
complainant also provided his client care letter which referred to "Possession of Indecent Images and
Possession of Extreme Pornographic Images”.
14. The publication stated that it believed
the documentation provided supported the claim in the article that the charges
related to more than one child. It said that the statement from one of the
officers involved in the downloading of the complainant’s devices referred to
additional images from the complainant’s phone, and there was nothing to
suggest they showed the teenage boy with whom the complainant had engaged in
consensual sex. It also said the basis of plea referred to “other material”
that was recovered from the complainant’s devices that the complainant may have
been sent and that he had “no recollection of searching for or possessing”. The
publication said such an expression was unlikely to be used if the content
showed the teenage boy.
Relevant Clause 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
15. The Committee first considered the
complainant’s concern that the statement that he had “pleaded guilty to … four
[charges] of having indecent images of children” was inaccurate. The
Committee noted that the article had explained that the court had heard that
the complainant had “filmed himself having sex with a teenager”. The
article further explained that they had had consensual sex and that the
teenager had initially told the complainant he was 18 when he was, in fact,
younger. In addition, the article explained that the court had heard that the
complainant had downloaded indecent images of children, which the publication
said was supported by the reporter’s notes of the hearing. The
complainant also accepted that it had been heard in court that he had been in
possession of 5 indecent images of children aged 5 to 7. However,
despite several requests during the investigation into the complaint, the
complainant did not confirm whether the images he pleaded guilty to possessing-
as opposed to making- were of more than one child. The Committee,
therefore, considered the information about the offences which had been
provided during the investigation. The Record of Conviction recorded that the
complainant had been convicted of four charges of “Making indecent photos of
child” and two charges of “Possession extreme photographic imag [sic]”. In
relation to the first count, the Basis of Plea recorded that the sexual
activity with the individual had been consensual and that he had told the
complainant that he was 18 years old when, in fact, he was 16 years
old. Taken together, these two documents suggested that the offence
of ‘making indecent images’ concerned one child, namely the adolescent with
whom the complainant had had consensual sex.
16. In relation to the second count, the
Committee noted that neither the Record of Conviction nor the Basis of Plea
provided detailed information about the images which were in the complainant’s
possession- as opposed to the images he had made- and the Committee considered
the expert evidence of the Forensic Computer & Mobile Phone Analyst who, in
his statement, identified 11 images of children which fell into categories A, B
and C (the categories of seriousness denoted by the Criminal Division of the
Court of Appeal). In light of the expert evidence and that the
complainant accepted that the court had heard that 5 images in his possession
were of children aged between 7 and 10 years, the Committee found that it was
more likely than not that count 2, to which the complainant pleaded guilty,
concerned images in the complainant’s possession which were of more than one
child. The article had reported that the complainant had “pleaded
guilty to two charges of possessing extreme pornography and four of having
indecent images of children”. The Committee found that any ambiguity
as to which of the offences the reference to “children” in the article referred
was not significant in circumstances where the nature of the offences committed
by the complainant had been made clear and where he had pleaded guilty to an
offence of possessing extreme pornographic images which the information before
the Committee suggested were of more than one child. There was no
breach of Clause 1 on this point.
17. The Committee then turned to consider
the point of complaint regarding whether it was accurate for the headline to
claim the complainant “filmed himself raping a
dog”. The complainant had stated he had touched the dog’s penis to assist it in
mating. The Committee noted that it had been heard in court that the video was
“sexual in nature”; however, it considered that “masturbating” a dog to enable
it to mate with another dog did not constitute “raping a dog”; where there was
no indication of penetrative sexual activity. The Committee also considered the
article did not elaborate on what was shown in the video or add further
contextual information beyond that it was “sexual in nature”, meaning no
additional clarity was provided. The Committee considered, therefore, it was
misleading for the headline to claim that the complainant had “rap[ed]” a dog
and the publication had not taken care to not publish inaccurate or misleading
information. There was a breach of Clause 1(i).
18. The inaccuracy had
appeared in the headline and pertained to what was heard in court. It suggested
that the complaint had had penetrative sex with an animal - and that he had
then shared a video showing that act – when that was not the case. As such, it
was significant and required correction under the terms of Clause 1(ii). Whilst
the publication had offered to amend the article to change the headline to say
the complainant engaged
in a “sex act” with the dog, it had not offered a clarification. There was also
a breach of Clause 1(ii) on this point.
19. The Committee then turned to the use of
the term “freed”. Where the complainant had received a “suspended” prison
sentence, it was not inaccurate for the article to state he had been “freed” or
had “walked free from court”. There was no
breach of Clause 1 on this point. The Committee then considered the use of the
word “pervert”. The article had reported that the complainant had “pleaded
guilty to two charges of possessing extreme pornography and four of having
indecent images of children”; this provided sufficient basis to support
its characterisation of the complainant as a “pervert”. Regarding the reference
to “defenceless pup” and what had been said by the prosecution, the Committee
noted that this part of the article did not appear in quotation marks and was
not presented as a direct quote of what the prosecution had said. Instead, the
article paraphrased what had been heard in court. Notwithstanding the
Committee’s concerns, above, about the article’s inaccurate description it was
not in dispute that the complainant had committed some level of sexual activity
with an animal. In that context it was clear that “defenceless pup” represented
the publication’s characterisation. There was no breach of Clause 1 on this
point.
20. The Committee noted the complainant’s
concern that the article implied that the
“38 extreme images” were all of children aged seven to 10. The Committee was,
however, satisfied that the article had made the position clear: it had
referred expressly to five indecent images featuring children aged seven to
10. There was no breach of Clause 1 on this point.
Conclusions
21. The complaint was partially upheld
under Clause 1.
Remedial action required
22. 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.
23. The Committee considered that the
headline and text of the article inaccurately reported that the complainant had
“rap[ed] a dog” where it was only heard in court that the content of the video
was “sexual in nature” and the details of the video were not discussed. The
Committee considered that the appropriate remedy was the publication of a
correction to put the correct position on record.
24. The Committee then considered the
placement of this correction. This correction should be added to the article,
where it remains online, directly beneath the headline. If the article is
removed, the correction should appear as a standalone article. The wording of
the correction should include information required to correct the misleading
information: that whilst the video of the complainant and the dog was “sexual
in nature”, it did not show him “raping” the dog. The wording should 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.
Date complaint received: 18/03/2022
Date complaint concluded by IPSO: 28/03/2023
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