Decision
of the Complaints Committee – 02441-22 Dimond v Sittingbourne News Extra
Summary
of Complaint
1. Ronald
Dimond complained to the Independent Press Standards Organisation that
Sittingbourne News Extra breached Clause 1 (Accuracy) of the Editors’ Code of
Practice in an article headlined “Legion branch suspended amid probe into
finances”, published on 3 November 2021.
2. The
article reported that “Sittingbourne’s Royal British Legion (RBL) branch ha[d]
been suspended leaving Swale council to step in and to save the town’s
Remembrance Day service”. It said that the event had been put in “jeopardy”
after the branch had been placed into “’temporary county administration’ due to
a row over its bank accounts”. The article included a number of quotes from a
named local councillor about the matter, who “was vice-chairman of
Sittingbourne and Milton RBL”. The article included further comments from the
councillor, including one where he had said: “It’s madness. I don’t know how
much is in it but it isn’t even a lot of money. I don’t think there’s anything
untoward but members ought to know what the account is being used for. They are
very unhappy. I am concerned they will not return when the branch is
reactivated”. The article went on to report that the branch had been suspended
after an order to close a members’ account was ignored; it reported that the
councillor had said: “As far as I can tell, it’s down to the stubbornness,
intransigence and selfishness of one of the signatories. It is very annoying.”
3. The
article then went on to state that it was “understood” that the members’
account in question was set up “more than 40 years ago” alongside the main
branch account and that “[u]nder new rules, branches are now only permitted to
have one account bearing the British Legion name”. The article reported that it
“understood the branch was instructed to close the members’ account and
transfer the money to the main account. In a compromise, the branch voted to
change the name of the controversial account but even then one of two
signatories refused to comply”. It concluded with a quote from branch President
Ronald Dimond, the complainant, who said: “All I can tell you is that I had
cause to contact RBL head office for their advice and I am currently awaiting
their reply”.
4. The
article also appeared online in a similar format as the print article, under
the headline “Royal British Legion suspends Sittingbourne branch in bank
account probe ahead of Remembrance Sunday”, on 29 October 2021. The online
article described Swale council as having “stepped in at the last minute to
organise the annual event”. However, this version of the article did not
originally have the complainant’s comment included at the end. Rather, the
comment was added after the complainant contacted the publication on 1 November
2021.
5. The
online version of the article also included further information that was not in
the print article. It stated that “[a]n audit of the branch accounts is
underway with county officials consulting with the bank” and that “[a] national
RBL spokesman confirmed the branch had been taken into ‘temporary county
administration’ while a review was conducted but refused to give any more
details”. It also included a further quote from the councillor, who said that
“I raised the matter when I was chairman and said we couldn’t continue to have
both accounts. I stood down as chairman because of increased council work and
then Covid came along. Now questions are being asked”
6. The
online article also included a screenshot of the RBL Sittingbourne and Milton
branch website, which showed an update stating that the branch had been taken
into County Administration due to “recent events within the Branch” and that
“this [was] a temporary measure to enable County to complete a full review”.
7. The
complainant – the President of the Sittingbourne and Milton RBL Branch, and one
of the two custodians and signatories of the members’ bank account – first
contacted the newspaper directly, to make it aware of his concerns on 29
October. At that time he told the publication that he considered the original
online article to be inaccurate, however he did not specify which aspects of
the article were inaccurate. The publication asked the complainant for more
information on the matter prior to the print article being published. The
complainant explained that, as Branch President, he had cause to contact the
RBL head office for their advice on a situation that had arisen within the
branch and was awaiting their response.
8. The
online article had been updated in response to that dialogue, with the
following sentence being added to the end of the online article: “Branch
president Ron Dimond said: ‘All I can tell you is that as branch president I
had cause to contact Royal British Legion head office for their advice on a
situation that had arisen within the branch and I am currently awaiting their
reply’”. After the online article was updated and the print article had been
published, the complainant got in contact with the publication and said that he
was ready to speak with them about the matter and agreed to an in-person
interview in February 2022, along with another member of the branch’s
committee. A follow-up article was subsequently drafted by the publication,
however the complainant and his fellow committee member later decided they did
not want this to be published. The complainant then decided to write a ‘Letter
for the Editor’ for publication in response to the article. The publication
attempted to address the complainant’s concerns and they corresponded over a
number of emails and a final version of the letter was agreed upon and
published on 23 March 2022.
9. The
complainant did not consider the action taken by the publication was sufficient
to address his concerns, and contacted IPSO.
10. The
complainant said that both articles contained a number of inaccuracies in
breach of Clause 1. He said that it was inaccurate for the article to state
that Swale council “stepped in at the last minute to organise the annual event
in Central Avenue after the Legion’s Sittingbourne and Milton branch was closed
down in a row over two bank accounts.” He said that the council did not step in
at the last minute; the branch had been placed into temporary administration
six weeks before the article was published and that it was the responsibility
of the local Civic Authority to organise the event. He added that RBL Head
Office had previously issued their own guidelines reminding branch officials
that they could not be event organisers and that this was the responsibility of
the local Civic Authority.
11. The
complainant further said that the branch was not closed down in a row over two
bank accounts and said that he was in fact not aware of any official reason
being given for the closure. He said that it was also inaccurate for the
article to claim that an order to close the members’ account had been ignored,
as no person at RBL head office had issued an order to close the account or
transfer the money to the main account as it had no authority to do so.
12. The
complainant said that the article was inaccurate to describe the councillor as
someone who “was” branch vice-chairman, as the use of the past tense indicated
that he was no longer in this position. He said that the councillor was still branch
vice-chairman as far as he was aware. He also said that it was inaccurate to
claim that the members’ account had been set up alongside the main branch more
than 40 years ago as the account in question was set up in 2010.
13. The
complainant said that a number of quotes given by the councillor were
inaccurate. He said it was inaccurate for the councillor to have said: “It’s
madness. I don’t know how much is in it but it isn’t even a lot of money. I
don’t think that there’s anything untoward but members ought to know what the
account is being used for. They are very unhappy. I am concerned they will not
return when the branch is reactivated” as he considered this to be disingenuous
as the councillor did not know how much money was in the account and all
members were aware of what it was being used for. The complainant added that
the councillor’s following quote was also inaccurate as there was no record of
his having previously raised the subject: “I raised the matter when I was
chairman and said we couldn’t continue to have both accounts. I stood down as
chairman because of increased council work and then Covid came along. Now
questions are being asked”.
14. The
complainant also said that the article was inaccurate to report that “[i]n a
compromise, the branch voted to change the name of the controversial account
but even then one of the two signatories refused to comply”, and to report the
councillor’s comments regarding the reason why the vote had not succeeded: “As
far as I can tell, it’s down to the stubbornness, intransigence and selfishness
of one of the signatories. It is very annoying”. He said that this was the case
as no such vote had taken place to change the name of the account. The
complainant had said that there had been suggestions that they should change
the name of the account, but this could not be done because the two alternative
names suggested were inadmissible and not acceptable to the bank. He also said
that any new name must be approved by the members in a meeting, which could not
take place due to the Covid-19 pandemic.
15. The
complainant also raised concerns with further information in the article. He
said that while the article stated that “[u]nder new rules, branches are now
only permitted to have one account bearing the British Legion name”, the branch
only had one account bearing the British Legion name. The complainant suggested
that the article was misleading in its suggestion that there were two accounts
bearing the British Legion name. The complainant also said that the statement
that “[a]n audit of the branch accounts is underway with county officials
consulting with the bank” had no relevance to the online article. He also that
the article inaccurately reported that a “national RBL spokesman confirmed the
branch had been taken into ‘temporary county administration’ while a review was
conducted but refused to give any more details” because – if the RBL
spokesperson refused to give any more details – the article should not have
been published as it was just “guesswork”.
16. The
publication did not accept a breach of the Editors’ Code. It said that the main
source of the article was a local councillor and former parliamentary candidate
who was at the centre of the branch, and that it had no reason to question the
accuracy of his account. It also said that it had tried to engage with the
complainant after being contacted by him after the online article was
published, and that it had tried to establish if there were any inaccuracies
within the article and what action it could take to address the complainant’s
concerns.
17. The publication said that it had taken care
over the accuracy of the article prior to publication: it had attempted to
contact officers at the branch, including the chairman, but it received no
response to its emails. It also said that it emailed the press officer at the
Kent RBL and had left a voicemail for them, but also received no response. The
publication provided copies of the emails containing these approaches, to
demonstrate the care it had taken over the accuracy of the article.
18. The
publication also provided a letter written jointly by the complainant and one
of the branch committee members, which it had published in print in response to
the article on 23 March 2022. The letter assured members that there were no
problems with funds in either of the accounts but clarified that there were
“matters concerning each [account] that have to be reconciled”. The letter went
on to state that “RBL HO have said that we can no longer use the name or the
initials of the RBL in the name of the account”.
19. In
relation to the claim regarding the Remembrance Day service, it said that the
councillor had told it that Swale Council had had to step in and that it had no
reason to doubt his honesty. It also added that the publication had received a
press release from the council – as opposed to the RBL branch itself – about
the event and that all the contact details regarding the event were for council
officers. The publication also provided a screenshot of the press release Swale
Council sent regarding the Remembrance Day service, which stated that the Civic
Service of Remembrance would be delivered by Swale Borough Council. It did not,
therefore, consider that it could be inaccurate to report that the Council had
had to “step in” to arrange the service.
20. In
regard to the claim that the branch was closed down over the two bank accounts,
the publication said that this claim had also come from the councillor. It
noted that the branch’s website appeared to support this claim, as it said the
branch had been taken into County Administration due to “recent events within
the Branch”. It said that the councillor had also informed it that the branch
had been instructed to close the members’ account and transfer the money to the
main account. It also added that – after speaking with the complainant after
the initial print and online articles were published – he had informed the
publication that his understanding was it was regarding a name change of the
account. It also added that the complainant had been in touch with the
publication after the online article was originally published and said that it
was inaccurate, however he did not get into specifics regarding what was
incorrect within the article.
21. The
publication said that the councillor had informed it that he was previously
branch vice-chairman and that it would have no reason to question this
information. It also said that, where the councillor was vice-chairman until
the branch was suspended, this description was factually correct. It further
said that the councillor had told the publication that the members’ account had
been set up alongside the main account 40 years ago and that the branch had
voted to change the name, but one of the signatories did not comply. It said
that this information was only contradicted in February 2022 when the
complainant provided a letter to be published in the newspaper and was
interviewed for a follow-up article, which he later decided against. It said
that the complainant appeared to be correct that no vote had taken place as
there had been no meetings; it was unable to vote on this matter and instead
the decision had been recommended by executive officers who came up with an
alternative name.
22. In
regard to the comments given by the councillor, the publication said that these
were accurately quoted from the councillor, who was an individual involved in
the branch who had knowledge of the issues. It said that these were not the
views of the publication and were the thoughts and comments of the councillor,
which were clearly distinguished as such through the use of quotation marks.
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
23. The
Committee first considered the complainant’s concerns that it was inaccurate
for the article to claim that Swale Council had “stepped in at the last minute”
to organise the Remembrance Day event. The complainant did not dispute that the
council had organised the event and had accepted that the branch had been
placed into temporary administration six weeks before the article. The
Committee noted the complainant’s position that it was the responsibility of
the local Civic Authority to organise the event, and noted that the publication
had said that the councillor had told it that Swale Council had had to step in.
The Committee considered that the publication had taken care over this claim;
it had relied on information from a source closely involved with the branch. In
addition, where the event was organised by the council, and without the
assistance of the RBL branch, the Committee did not consider it was
significantly inaccurate or misleading to state that Swale Council had “stepped
in”. Further, while the Committee acknowledged the complainant’s concerns with
the phrase “last minute” given that the branch had been placed into temporary
administration six weeks before, it did not consider this amounted to a
significant inaccuracy within the context of the article, and where it was not
in dispute that Swale Council had organised the event. There was no breach of
Clause 1 on this point.
24. The
publication said that the councillor had informed it that the branch had been
closed in response to issues over the two bank accounts, and that it had
subsequently contacted the chairman at the branch and the press officer at Kent
RBL for comment to verify the information. The Committee therefore considered
that the publication had taken care over the accuracy of this information; it
had relied on a source who was directly involved with the branch and had
approached a number of other relevant individuals for comment regarding the
matter but had received no response. Further, the Committee noted that the
complainant was not aware of the reason why the branch had been placed under
‘temporary county administration’ and was speculating when he claimed that it
was not connected to the bank accounts. The actions of the publication
demonstrated due care not to publish inaccurate or misleading information and
there was no breach of Clause 1 (i) on this point. In addition, where the
complainant was not aware of the true position, the Committee did not identify
an inaccuracy that required correction under Clause 1 (ii).
25. The
Committee next considered the complainant’s concerns that the article had
described the councillor as someone who “was” branch vice-chairman, as opposed
to “is”, which he considered indicated that he no longer held the position. The
Committee noted that at the time the article was published the branch was under
County administration and therefore no meetings or activities were occurring
within the branch. There was therefore a level of ambiguity of the status of
the branch’s officers in any case. Further, the publication had said that the
councillor had described himself in these terms. For these reasons, the
Committee considered that it was not inaccurate or misleading for the article
to state that he “was vice-chairman”. There was no breach of Clause 1 on this
point.
26. The
complainant had said that the article inaccurately stated that the members’
account had been set up alongside the main account over 40 years ago, whereas
he said it had been set up more recently in 2010. The publication said that
this information had been provided by the councillor, which it was entitled to
rely on. The Committee did not consider that the difference between reporting
that the account had been set up 40 years ago or whether it had been set up
over ten years ago amounted to a significant inaccuracy in the context of the
article, where the focus of the article was on the temporary suspension of the branch
and this was only a passing reference and its age did not affect the key
elements of the story. There was no breach of Clause 1 on this point.
27. The
complainant had considered that several comments attributed to the councillor
were inaccurate: “It’s madness. I don’t know how much is in it but it isn’t
even a lot of money. I don’t think that there’s anything untoward but members
ought to know what the account is being used for. They are very unhappy. I am
concerned they will not return when the branch is reactivated”; and “I raised
the matter when I was chairman and said we couldn’t continue to have both
accounts. I stood down as chairman because of increased council work and then
Covid came along. Now questions are being asked”. In relation to the quotes in
question, the Committee noted that these were clearly distinguished as the
councillor’s opinions. The Committee noted that the complainant considered the
first quote to be disingenuous as opposed to inaccurate, and the comment was
clearly distinguished as conjecture. In relation to the second quote, the
Committee noted that the complainant had said that there was no record of the
councillor having raised the matter, however the complainant was not in a position
to know whether the councillor had ever raised it an informal manner as opposed
to on the record. The quotes were clearly distinguished as comment, and the
publication was entitled to report the councillor’s own recollections and
opinions. There was no breach of Clause 1 on these points.
28. The
Committee next considered the complainant’s concerns that it was inaccurate for
the article to have claimed that “[i]n a compromise, the branch voted to change
the name of the controversial account but even then one of the two signatories
refused to comply”. The complainant had said that a vote had not taken place to
change the name of the account, but there had been suggestions that the account
name should be changed. He said this could not be done as the two alternative
names were inadmissible and any new name must be approved by the members in a
meeting, which had not taken place due to the Covid-19 pandemic. The Committee
noted that the publication had said that the complainant appeared to be correct
as there had been no meetings and that in fact the suggestion had been
recommended by executive officers of the branch. However, the Committee did not
consider that there was a meaningful difference between executive officers at
the branch suggesting a name change that was not then actioned and members of
the branch voting to change the name but that decision not being actioned for
different reasons. The key points were not in dispute: that it had been
suggested that the account name should be changed, but that this had not been
agreed upon. There was no breach of Clause 1 on this point.
29. The
complainant had also raised a number of other concerns with the article. In
regard to the following section, “[u]nder new rules, branches are now only
permitted to have one account bearing the British Legion name”, while the
complainant said that the branch only had one account bearing the British
Legion name, he did not dispute the accuracy of the section identified. The
Committee noted the complainant’s concerns and that he said that only one
account bore the British Legion name, however, he did not provide any further
information or evidence to clarify his position, and the Committee was unable
to identify an inaccuracy regarding this point. Further, while the complainant
considered that it was irrelevant to mention that an audit of the branch accounts
was underway, he also did not dispute that this information was accurate. The
Committee noted that the complainant considered the article should not have
been published, given that a spokesperson from the RBL head office had refused
to give any more details. The Committee noted that it is at the editorial
discretion of publications what the focus of its articles are. For these
reasons, there was no breach of Clause 1 on these points.
Conclusion(s)
30. The
complaint was not upheld.
Remedial
Action Required
31. N/A
Date
complaint received: 11/04/2022
Date
complaint concluded by IPSO: 21/02/2023
Independent
Complaints Reviewer
The complainant complained to the Independent Complaints Reviewer about the process followed by IPSO in handling this complaint. The Reviewer recommended, on the ground of fairness, that on the complainant be given sight of two documents which were not originally passed to him due to an administrative error.
Back to ruling listing