· Decision of the Complaints Committee 02716-15 West v Sunday Mirror and 03071-15 Draper v Sunday Mirror
Summary of
complaint
1. Aimée West complained to the Independent Press
Standards Organisation that the Sunday Mirror had breached Clause 1 (Accuracy),
Clause 3 (Privacy), Clause 4 (Harassment) and Clause 5 (Intrusion into grief or
shock) of the Editors’ Code of Practice in an article headlined “Murdered
soldier Lee Rigby’s fiancée ‘finds happiness’ with his army pal”, published on
12 April 2015.
2. IPSO also received a separate complaint from Major
Paul Draper. As the two complaints raised substantially similar concerns, the
Committee elected to consider them together.
3. The article claimed that Ms West, the fiancée of
murdered soldier Drummer Lee Rigby, had “found happiness” with Major Draper, a
friend of Drummer Rigby who had attended his funeral.
4. The complainants said the publication of information
regarding their private relationship was intrusive. Ms West said her friends
and family had not known about the relationship at the time the article was published.
While she acknowledged that she had become the subject of public attention
following Drummer Rigby’s death, she was not a “celebrity”; any interviews she
had given had centred on Drummer Rigby and the charity she had set up in his
memory. The story was gossip and a by-product of the bereavement she had
suffered. Its publication demonstrated a lack of sympathy and discretion.
5. Ms West said a reporter representing the newspaper had
approached her at home, by email and on social media on the Friday before the
article was published. She was away all weekend, with very limited telephone
reception and no internet connection, but her mother had texted her late on the
Saturday evening to tell her that a reporter had visited her address. Her
mother had told the reporter that she was away for the weekend. Ms West then
arranged to meet Major Draper in order to discuss the matter.
6. Major Draper said the journalist had sent him five
messages, and called and left voice mails. In addition, a journalist had waited
for him at his Army Cadet Force detachment. He said he had met with Ms
West in order to call the journalist back. She had sat next to him during the
conversation, and had discreetly made a limited contribution to his answers.
Major Draper had told the journalist that he had been unable to speak to Ms
West as she was away for the weekend.
7. The complainants said that the reporter’s approaches
constituted harassment, in breach of Clause 4 of the Code.
8. The complainants said the article’s claim that it was
“common knowledge” that they were dating was inaccurate. They had not been on
“several dates”, and they had not, as claimed, attended cadet functions or a
memorial service to soldiers killed in Afghanistan at St Paul’s Cathedral
together.
9. In addition, the article included the following
inaccuracies: Ms West had not lost friends during the conflict in Afghanistan;
she had not tried to contact Drummer Rigby in Manchester; she was not a Staff
Sergeant, but a Colour Sergeant Instructor; Major Draper was 50, not 51;
Drummer Rigby had not been attached to a cadet unit led by Major Draper’s
ex-partner; and Major Draper and his partner had separated in August, not
November.
10. Major Draper said that during his conversation with
the reporter, none of the details that would later be published were put to him
for his comment. The reporter had only said that the story would be
“sensitively” handled. As such, Major Draper said he had not been given the
opportunity to correct him or to reply, and he considered this to be a breach
of Clause 2 (Opportunity to reply).
11. The newspaper said that the article was based on
information provided by a confidential source. The reporter had also contacted
Major Draper and informed him that the intended article would report that he
was in a relationship with Ms West, and that Ms West had “found happiness”.
12. The newspaper considered that Major Draper had led
the reporter to believe that the pair were “seeing each other”. The newspaper
provided a transcript of the conversation, which stated that the reporter had
asked if they were “in a relationship”, and Major Draper had replied “I
wouldn’t call it [a] relationship, I would say that we are very good friends
and we enjoy each other and we enjoy each other’s company”. It noted that the
story had not alleged that the complainants had a “relationship”.
13. Given that Ms West was sitting next to Major Draper
during the conversation with the reporter, the newspaper did not consider that
either individual had a reasonable expectation of privacy regarding the
information that had been disclosed by Major Draper during the conversation.
Although the newspaper had not been aware of Ms West’s presence at the time, it
considered that there must have been a degree to which Major Draper had been
speaking on behalf of them both.
14. The newspaper said that its source and Major Draper
had given the impression that their socialising was public knowledge within
their work community. It noted that when asked whether the pair were “openly
attending functions together at the cadets”, Major Draper had said “oh yeah we
did, yeah, we went out with all our colleagues. We went to a 30th birthday
party last Saturday evening”.
15. The newspaper said that, while Ms West might have
been unhappy for certain details to be made public, she had openly discussed
her private life with the media in the past. It further noted that, in
conversation with the reporter, Major Draper had said “well you’re not the
person I’m going to ring when I finally do get to speak to Aimée and I say
let’s go out and get an interview done and some pictures done”. As Major Draper
had referred to their intention to give an interview in future, the newspaper
did not consider that there could be an issue with regard to the protection of
Ms West’s private romantic choices.
16. The newspaper said that it was satisfied that its
source could be relied upon to provide accurate information. Its reporter had
also tried to contact Ms West before publication; messages provided by the
newspaper showed that the reporter had requested her comments on the story that
she had “found happiness” with Major Draper. It did not consider that the
contacts with either complainant amounted to harassment.
17. The newspaper said it had no reason to believe that
the article was inaccurate before publication. As a gesture of good will,
however, it offered to publish the following correction, a form of which would
also be published beneath an amended online article:
On 12.04.2015 under the headline "Lee Rigby's
fiancee finds happiness with his army pal" we published an article about
Maj Paul Draper and Ms Aimee West. We would like to clarify the following: Maj
Draper is not 51, he is 50. Ms West and Maj Draper did not attend a service to
honour fallen soldiers in Afghanistan at St Paul's Cathedral together. Ms West
denies that she and Maj Draper have been on several dates. Ms West is not a
staff sergeant with 19 Company of the ACF. Mr Rigby was not in Manchester when
Ms West tried to call him and was not attached to a cadet unit led by Maj
Draper's ex-partner.
18. The newspaper did not consider that the article had
been insensitive, gory or gratuitous in breach of Clause 5.
Relevant Code Provisions
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.
Clause 2 (Opportunity to reply)
A fair opportunity for reply to inaccuracies must be
given when reasonably called for.
Clause 3 (Privacy)
i) Everyone is entitled to respect for his or her private
and family life, home, health and correspondence, including digital
communications.
ii) Editors will be expected to justify intrusions into
any individual's private life without consent. Account will be taken of the
complainant's own public disclosures of information.
Clause 4 (Harassment)
i) Journalists must not engage in intimidation,
harassment or persistent pursuit.
ii) They must not persist in questioning, telephoning,
pursuing or photographing individuals once asked to desist; nor remain on their
property when asked to leave and must not follow them. If requested, they must
identify themselves and whom they represent.
iii) Editors must ensure these principles are observed by
those working for them and take care not to use non-compliant material from
other sources.
Clause 5 (Intrusion into grief or shock)
i) In cases involving personal grief or shock, enquiries
and approaches must be made with sympathy and discretion and publication
handled sensitively. This should not restrict the right to report legal
proceedings, such as inquests.
Clause 14 (Confidential sources)
Journalists have a moral obligation to protect
confidential sources of information.
The public interest
4. The Regulator will consider the extent to which
material is already in the public domain, or will become so.
Note by the Committee
The Committee originally considered the complaints at its
meeting on 15 July 2015, and subsequently issued its decision to the parties.
In response, the newspaper submitted that the Committee’s decision had been
based on incomplete information. The Committee elected to reconsider the
complaints at its meeting on 9 September 2015 and this ruling is the outcome.
Findings of the Committee
21. The Committee was sympathetic to Ms West’s position.
She had been bereaved in high-profile and traumatic circumstances. Although she
had previously spoken to the media about Drummer Rigby and the charity she had
set up in his memory, she had not spoken publicly about her romantic and
personal life.
22. The article had discussed the private lives of Major
Draper and Ms West in that it had claimed that they were in a relationship.
However, it had contained little in the way of detail about the nature of that
relationship, or other private information.
23. The newspaper had made several attempts to contact Ms
West before it published the story. She had not responded, but she had been
made aware of the newspaper’s intention to publish the article. She had also
made contact with Major Draper to discuss the matter, and had been a party to
his conversation with the reporter.
24. During his conversation with the reporter, Major
Draper had engaged with the reporter’s questions about the nature of his
relationship with Ms West, discussed details about the nature of his connection
to Ms West that might otherwise be considered private, and indicated that the
pair had discussed and intended to give an interview to the press in future. As
Ms West had been present during Major Draper’s conversation with the reporter,
and had not raised any objections at the time, the Committee was satisfied that
Major Draper had spoken on behalf of both of them. In these circumstances, and
having specific regard for the relatively minimal level of private information
contained in the article, the complaints under Clause 3 were not upheld.
25. The Committee considered next whether the newspaper
had taken care not to publish inaccurate, misleading or distorted information.
The Committee noted the newspaper’s attempts to contact Ms West before
publication and the conversation between the journalist and Major Draper.
However, that conversation had focused on whether he and Ms West were in a
relationship; the newspaper had not asked him for comment on the claim that the
pair had been seen together as a couple at a St Paul’s Cathedral memorial
service. This was subsequently demonstrated to be inaccurate, which was
significant because it supported the article’s assertion that the relationship
was common knowledge. The failure to take the opportunity to seek confirmation
from Major Draper of the accuracy of the claim – or otherwise verify its
accuracy – was a breach of Clause 1 (i), and a correction was required under
the terms of Clause 1 (ii).
26. The Committee was satisfied that the correction
offered by the newspaper made clear that the complainants had not publicly
declared their relationship by attending a memorial service together at St
Paul’s Cathedral. The prompt publication of the correction on page two – 11
pages further forward than the original article had appeared – and online was
sufficient to meet the terms of Clause 1 (ii). The Committee did not consider
that the remaining inaccuracies identified by the complainants amounted to
significant points that required correction under the terms of Clause 1.
27. Under the terms of Clause 2, newspapers are not
obliged to seek comment before publication. Rather, it provides for a fair
opportunity to respond to published inaccuracies. The newspaper had offered to
publish a correction; an opportunity to reply had not been requested. There was
no breach of Clause 2.
28. The newspaper had contacted the complainants for
their comments before the article was published. There was no suggestion that
the reporter had persisted with questioning once asked to desist. The complaint
under Clause 4 was not upheld.
29. The terms of Clause 5 relate to the conduct of
journalists in cases involving personal grief or shock. In this instance, while
the Committee had considered that the reasons why Ms West had come to public
attention were a relevant factor in assessing her complaint under Clause 3, the
article had not contained insensitive details in relation to her bereavement,
nor had its tone or presentation been inappropriate. The complaints under
Clause 5 were not upheld.
Conclusions
30. The complaints were upheld under Clause 1 (Accuracy).
Remedial Action Required
31. Having upheld the complaints under Clause 1, the
Committee considered what remedial action should be required.
32. In the Committee’s view, the breach of Clause 1 would
be appropriately remedied by the publication of the correction offered by the
newspaper during IPSO’s investigation of the complaints. This should be
published without delay.
Date complaint received: 16/04/2015
Date decision issued: 05/10/2015