Decision of the Complaints Committee 02572-15 Office of the First Minister v The Daily Telegraph
Summary of
complaint
1. The Office of the First Minister of Scotland
complained to the Independent Press Standards Organisation that The Daily
Telegraph had breached Clause 1 (Accuracy) of the Editors’ Code of Practice in
an article headlined “Sturgeon’s secret backing for Cameron”, published on 4
April 2015 in print and online.
2. The article reported the contents of a leaked
Government memorandum which claimed to report details of a private meeting
between the First Minister, Nicola Sturgeon MSP, and the French Ambassador,
Sylvie Bermann, the previous week. The memorandum had been written by a senior
British civil servant on 6 March, immediately following a conversation with the
French Consul-General. It claimed that Ms Sturgeon had said that she would
rather see David Cameron win the general election than Ed Miliband, because she
believed Mr Miliband was not “prime minister material”.
3. The article said that these comments undermined Ms
Sturgeon’s public support for a “progressive alliance” with Mr Miliband, and
confirmed “growing speculation” in Scotland that the SNP privately favoured a
Conservative government because it would make a vote for Scottish independence
more likely in a future referendum.
4. The complainant said that the claims contained in the
memorandum, and repeated by the newspaper, were categorically untrue: Ms
Sturgeon had not expressed a preference for a Conservative government or any
views about Mr Miliband’s suitability as Prime Minister. Ms Bermann had
publicly denied that Ms Sturgeon had expressed a preference for who should win
the election. The complainant regarded the newspaper’s decision not to contact
Ms Sturgeon for comment prior to publication as a breach of Clause 1 and noted
that, as the article explained, the author of the memorandum recorded that he
or she had initially doubted the accuracy of the account and had checked
whether there might have been a translation problem.
5. Shortly after the article’s first publication online,
Ms Sturgeon issued a denial of the claims, publicly and via email to the
newspaper. The newspaper included the denial in its second print edition that
evening, but did not add them to the online version of the article until the
following afternoon.
6. The newspaper said it had confirmed the authenticity
of the document with two well-placed sources before publication. It was a
contemporaneous note made by an experienced civil servant, and the newspaper
had no reason to doubt its accuracy. It denied having any obligation to contact
Ms Sturgeon for comment before publication: it was entitled to publish an
accurate account of the document.
7. The newspaper said it had included the complainant’s
denial at the earliest opportunity in the print article, and had immediately
taken steps to have the denial added to the online article. Unfortunately, due
to human error, the denial was not in fact added until the next day. The
newspaper had followed up on the story, including by publishing an article
reporting Ms Sturgeon’s demand for an inquiry. It did not accept any breach of
the Code.
Relevant Code Provisions
1. 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. In cases involving the
Regulator, prominence should be agreed with the Regulator in advance.
Findings of the Committee
9. The memorandum did not represent a first-hand or
contemporaneous account of the conversation between Ms Sturgeon and Ms Bermann.
Rather, it contained – at best – a second-hand account given a week later. The
newspaper had confirmed the authenticity of the document, but its sources were
not in a position to comment on the accuracy of its contents.
10. The newspaper was entitled to report on the
memorandum, but it was obliged to take care not to mislead readers in doing so,
including regarding the status of the allegations it contained.
11. The account was contentious, so much so that the
author of the memorandum had recorded concern that the account was mistaken,
stating “I have to admit that I’m not sure that the First Minister’s tongue
would be quite so loose on that kind of thing in a meeting like that”. The
account’s implications were serious: it suggested that Ms Sturgeon had had
acted disingenuously by publicly calling for a “progressive alliance” while
privately hoping for a Conservative government. Nonetheless, the newspaper had
published it as fact, without having taken additional steps prior to publication
– such as contacting the parties involved for their comment – to verify its
accuracy.
12. The presentation of the account contained in the
memorandum as fact, in these circumstances, represented a failure to take care
not to mislead, and a breach of Clause 1 (i) and (ii) of the Code. The
newspaper had failed to make clear that it did not know whether the account it
presented was true; as a consequence the article was significantly misleading.
The complaint under Clause 1 was upheld.
Conclusions
13. The complaint was upheld.
Remedial Action Required
14. The Committee required the newspaper to publish an
adjudication upholding the complaint. The adjudication should be published on
page 2 of the print edition of the newspaper. Given the prominence of the
original article, and the nature of the breach, a reference to the adjudication
must be published on the front page, directing readers to page 2, which should
include the headline. The headline must make clear that IPSO has upheld the
complaint, and refer to its subject matter; it must be agreed in advance. It
should also be published on the newspaper’s website, with a link to the full
adjudication appearing on the homepage for 48 hours; it should then be archived
online in the usual way.
15. The terms of the adjudication to be published are as
follows:
Following the publication of an article in The Daily
Telegraph on 4 April 2015, headlined “Sturgeon’s secret backing for Cameron”,
the Office of the First Minister of Scotland complained to the Independent
Press Standards Organisation that The Daily Telegraph had breached Clause 1
(Accuracy) of the Editors’ Code of Practice.
IPSO established a breach of the Editors’ Code and has
required The Daily Telegraph to publish this decision as a remedy.
The article reported the contents of a leaked Government
memorandum which claimed that at a private meeting the First Minister, Nicola
Sturgeon MSP, had told the French Ambassador, that she would rather see David
Cameron win the general election than Ed Miliband. The memorandum had been
written by a senior British civil servant a week later, after a conversation
with the French Consul-General.
The article said that these comments undermined Ms
Sturgeon’s public support for a “progressive alliance” with Mr Miliband.
The complainant said that the claims were categorically
untrue: Ms Sturgeon had not expressed a preference for a Conservative
government or any views about Mr Miliband’s suitability as Prime Minister. The
complainant regarded the newspaper’s decision not to contact Ms Sturgeon for
comment prior to publication as a breach of Clause 1.
The newspaper said it had confirmed the authenticity of
the document with two well-placed sources before publication. It was a
contemporaneous note made by an experienced civil servant, and the newspaper
had no reason to doubt its accuracy. It denied having any obligation to contact
Ms Sturgeon for comment before publication: it was entitled to publish an
accurate account of the document.
The Complaints Committee noted that the memorandum
represented – at best – a second-hand account given a week after the meeting,
which contained the serious implication that Ms Sturgeon had been disingenuous
in her public statements.
The newspaper did not know whether the account contained
in the memorandum was accurate. Nonetheless, it had published this as fact,
without having taken additional steps prior to publication – such as contacting
the parties involved for their comment – to verify its accuracy.
The Committee established that the newspaper’s
presentation of the account contained in the memorandum, in this context,
represented a breach of the Editors’ Code.
Date complaint received: 08/04/2015