· Decision of the Complaints Committee 02475-15 Jackson v Daily Mirror
Summary of
complaint
1. Taj Jackson complained to the Independent Press
Standards Organisation that the Daily Mirror had breached Clause 1 (Accuracy)
and Clause 2 (Opportunity to reply) of the Editors’ Code of Practice in an
article headlined “Jacko’s £134m in hush money”, published in print and online
on 6 April 2015.
2. The article reported that two men who had allegedly
been abused as children by Michael Jackson were seeking to bring new civil
cases against the late singer’s Estate, in which they would be able to
introduce “damning evidence” which had not been heard at his trial in 2005. The
article included claims, which it indicated were from lawyers, that Mr Jackson
had paid “up to £134m” to silence alleged victims. It also included a comment
made by Mr Jackson’s sister LaToya in 1993 in reference to one of the
individuals seeking to bring the new case. She had stated that she wished “not
to be a silent collaborator in my brother’s crimes”.
3. The complainant, Michael Jackson’s nephew, said that
the article made a number of claims for which it was not able to provide
evidence or sources. He noted that the article had not indicated which
“lawyers” had claimed that his uncle had paid £134million to alleged victims of
abuse, or provided a source for its assertion that “damning evidence” had been
omitted from his uncle’s trial in 2005. He considered that the description of
the evidence as “damning” was conjecture on the newspaper’s part, and had not
been clearly distinguished as such. An individual who had claimed he had been
abused by the complainant’s uncle had recently sought to bring a new case in
relation to these allegations. A judge had not allowed this case to proceed,
because it was out of time. Furthermore, the complainant objected to the inclusion
of the comments made by LaToya Jackson, which he said had been made under
duress and which she had later publicly retracted.
4. The complainant also said that the newspaper should
have sought comment from his uncle’s Estate, or his family. He considered the
fact that they were not contacted prior to publication to be a breach of Clause
2.
5. The newspaper did not accept a breach of the Code. It
said that the information relating to the money paid to alleged victims by Mr
Jackson had been widely reported in the press. Before re-publishing, the
newspaper’s reporter had contacted the American journalist who had originally
reported the information, to ask for further details on the source. The
American journalist declined to reveal the sources, for reasons of
confidentiality, but maintained that they were impeccable, and included an
advisor to the grand jury, a prosecutor and a sheriff’s investigator. The £134m
figure included money paid to legal representatives and investigators, as well
as to alleged victims. The “damning evidence” mentioned in the article referred
to evidence omitted from Mr Jackson’s trial in 2005, as detailed in press court
reports at the time. Specifically, it referred to the evidence of one alleged
victim identifying intimate details about Mr Jackson’s body, which may be
allowed to be considered in any future civil trial. Prior to publication, the
reporter had attempted to contact a representative of the Estate by telephone,
and had not received a response.
6. LaToya Jackson had made the comments attributed to her
in 1993, and these were not inaccurate.
7. In order to resolve the complaint, the newspaper
offered to make some amendments to the online article, changing “damning
evidence”, to “potentially damning evidence”, and adding the following phrase
after LaToya Jackson’s comments, “a statement LaToya has since retracted”, and
placing the following footnote beneath the article:
Jackson’s nephew Taj would like to make clear that the
family disputes the claims that £134m was paid in hush money and that there is
potentially damning evidence that could be introduced in the upcoming civil
trial against Michael Jackson’s estate.
It also offered to publish the following clarification on
page 2 of an upcoming print edition, and to publish a follow-up story, making
clear that the case referred to in the article had not been allowed to proceed:
Under the headline “Jacko’s £134m in hush money” dated 6
April we published claims that Michael Jackson had ‘paid of 20 of his child
sex-abuse victims’ and that there is a possibility that new ‘potentially
damning evidence’ may be introduced in an upcoming civil trial against his
estate. Jackson’s nephew, Taj, would like to make clear that the family dispute
these claims.
Relevant Code Provisions
8. Clause 1 (Accuracy)
i) The Press must take care not to publish inaccurate,
misleading or distorted information, including pictures.
ii) A significant inaccuracy, misleading statement or
distortion once recognised must be corrected, promptly and with due prominence
and - where appropriate - an apology published.
iii) The Press, whilst free to be partisan, must
distinguish clearly between comment, conjecture and fact.
Clause 2 (Opportunity to reply)
A fair opportunity to reply to inaccuracies must be given
when reasonably called for.
Findings of the Committee
9. The Committee acknowledged that the complainant
disputed the accuracy of lawyers’ claims that his uncle had paid £134m to
alleged victims of abuse. It noted, however, that the case which the lawyers
had sought to bring had been disallowed by a judge as it was out of time. Any
claims which formed part of this case had not therefore been placed into the
public domain. The complainant was not in a position to dispute that the claims
in the article had been made by lawyers in relation to this case, nor could the
Committee reach a conclusion on whether such claims had been made by lawyers.
The newspaper was entitled to report the claims, provided that they were
clearly presented as such. In this case, the references to this sum were
clearly presented as “claims” made by lawyers, rather than as fact established
by a court or other authority. The Committee welcomed the newspaper’s offer to
publish a follow-up story, making clear that the case in question had not been
able to proceed.
10. The complainant had not disputed that at the time of
publication two individuals were seeking to bring a civil case against his
uncle’s estate in relation to allegations of historic abuse, and that they were
hoping that the court would take into account evidence not previously
considered. The newspaper was entitled to present the belief of those seeking
to bring this evidence that it was “damning”, and doing so did not raise a
breach of Clause 1.
11. The newspaper was free to report comments made by
LaToya Jackson in reference to one of the individuals seeking to bring a civil
claim against the Estate. Where it was not in dispute that she had made these
comments, it was not inaccurate to publish them. Nonetheless, the Committee
welcomed the newspaper’s offer to clarify that these comments had subsequently
been retracted.
12. The terms of Clause 2 do not include an obligation to
seek comment prior to publication; rather they provide an opportunity to reply
to published inaccuracies. In this instance, the newspaper had offered to
publish the family’s position that the claims in the article were not accurate.
There was no breach of Clause 2.
Conclusions
13. The complaint was not upheld.
Remedial Action Required
N/A
Date complaint received: 04/06/2015
Date decision issued: 16/09/2015