Decision
of the Complaints Committee – 02814-21 Kent v staffordshire-live.co.uk
Summary
of Complaint
1. Kathryn
Kent complained to the Independent Press Standards Organisation that
staffordshire-live.co.uk breached Clause 1 (Accuracy), Clause 2 (Privacy) and
Clause 6 (Children) of the Editors’ Code of Practice in an article headlined
“Banned drink-driver couldn't wait to get behind wheel of new Audi”, published
on 16 March 2021.
2. The
online article reported on the sentencing of the complainant on the previous
day for a series of driving offences: “driving whilst disqualified, driving
without insurance and driving while under the influence of alcohol following
the incident”. The article reported that the complainant was already
disqualified from driving when she pulled over by police officers in August
2020, to whom she had “initially [given a] false name”. The article detailed
her previous convictions, including that she had been convicted in 2019 of
“drink-driving, driving whilst disqualified, driving without insurance and
breaching her suspended sentence.” It reported that the complainant had received
a suspended sentence “despite having been caught-drinking for the second time
in a year”. The article stated that the “well-being of her 15-year-old
daughter” was the “main reason” she had received this sentence and detailed the
comments made by the Recorder: her daughter deserved “all the sympathy” and it
was for “her sake” that the complainant was given “another chance”.
3. The
complainant said that the article was inaccurate, in breach of Clause 1
(Accuracy), because it misreported her recent charges; she was convicted of
driving whilst disqualified and without insurance but not for drink driving.
The complainant also said that contrary to the article’s claim, she had not
provided police officers in August 2020 with a false name.
4. The
complainant also said that the publication of her partial address intruded into
her privacy, in breach of Clause 2 (Privacy), as she was fleeing domestic
violence. In addition, she said that the publication of information relating to
her daughter constituted a breach of Clause 6 (Children) in circumstances where
there had been an “understanding in court” that anything related to her
daughter would not be published. She also expressed concern that its
publication had negatively affected her daughter’s time at school.
5. The
publication did not accept a breach of the Editors’ Code. It said that it was
satisfied that all information contained in the article was an accurate report
of the court proceedings at which the complainant had been sentenced. It
provided a copy of correspondence the reporter had received from a court clerk
following the hearing which confirmed that the charges against the complainant
were “driving while disqualified, driving without insurance and driving while
under the influence of alcohol.” The
publication also provided a copy of the reporter’s contemporaneous notes in
order to demonstrate that the court had heard that the complainant had
initially told police officers that her name was “Robin Kent”.
6. Furthermore,
the publication did not accept that publishing the complainant’s partial
address represented a breach of Clause 2. Whilst it accepted that this
information was not heard in court, it maintained this information was not
inherently private, noting that the address had been provided by the court
clerk to the reporter. In any event, the publication noted that it was common
practice to include a defendant’s address which served an important purpose in
distinguishing defendants from others with the same name.
7. The
publication also made clear that newspapers are entitled to report on court
proceedings and did not accept that there had been any reporting restrictions
in place, nor did the complainant provide any evidence to substantiate these
claims. In such circumstances, the publication did not accept a breach of
Clause 6 maintaining that the reference to the complainant’s child was included
in the comments made by the Recorder and their sentencing decision.
8. During
the course of IPSO’s investigation, the complainant provided a copy of the
charges she had faced as set out by her solicitors; she was convicted of
driving whilst disqualified and without insurance but not for driving under the
influence of alcohol. Upon receipt of this, and following further
correspondence with the court, the newspaper had amended the online article to
remove this information and published the following correction as a footnote:
“A
previous version of this article reported that Kathryn Kent had been caught
drink-driving for a second time in a year, and that she was convicted of
drink-driving after offences committed in August 2020. However, Derby Crown
Court has now clarified that Ms Kent has only one drink driving offence from
September 2019, and that, after her offences in August 2020, she was convicted
of driving whilst disqualified, driving without insurance and breaching her
suspended sentence as a result of her previous drink-driving offence."
9. Further
to this, during IPSO’s investigation, the publication clarified that the court
had not made a specific finding on whether the complainant had given a false
name to the police. Instead, the prosecution had made this claim which it said
had then not been denied or disputed by the complainant or their legal
representative during proceedings. In such circumstances, and taken into
account within the context of the whole article, the newspaper did not consider
that the article was significantly misleading on this point. However, upon
acknowledgement of this, the newspaper amended the online article and published
an addition footnote correction to record this.
“A
previous version of this article reported as fact that Kathryn Kent initially
gave a false name to the Police. In fact, this was stated by the prosecutor
during the trial, and although Ms Kent and her defence did not dispute this
during the trial, Ms Kent now denies that she initially gave a false name. The
article has been amended accordingly and we are happy to clarify this.
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.
Clause 2
(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. In considering an individual's reasonable expectation of
privacy, account will be taken of the complainant's own public disclosures of
information and the extent to which the material complained about is already in
the public domain or will become so.
iii) It
is unacceptable to photograph individuals, without their consent, in public or
private places where there is a reasonable expectation of privacy.
Clause 6
(Children)*
i) All
pupils should be free to complete their time at school without unnecessary
intrusion.
ii) They
must not be approached or photographed at school without permission of the
school authorities.
iii)
Children under 16 must not be interviewed or photographed on issues involving
their own or another child’s welfare unless a custodial parent or similarly
responsible adult consents.
iv)
Children under 16 must not be paid for material involving their welfare, nor
parents or guardians for material about their children or wards, unless it is
clearly in the child's interest.
Findings
of the Committee
10. The
newspaper’s obligation was to report court proceedings accurately. In this
instance, the newspaper had contacted the court following the hearing to verify
the charges against the complainant with the court confirming that these
included “driving while under the influence of alcohol”. However, the
complainant was in fact charged with driving whilst disqualified, driving
without insurance and breaching her suspended sentence as a result of a
previous drink-driving offence – a point later clarified by both the
complainant and the court. In circumstances where the publication had
demonstrated that it had sought confirmation from the court prior to
publication of the charges faced by the complainant and had been given
inaccurate information, the Committee did not consider that there was any
failure to take care over the accuracy of the article. There was no breach of
Clause 1 (i) on this point.
11. Once the newspaper had been provided with a copy of a letter from the complainant’s solicitor setting out the charges and this had been confirmed by the court, it had amended the online article and published a footnote correction. These amendments and the publication of the footnote, which made the correct position clear, had been made as soon as the newspaper had been given a full account of the true position. This was sufficiently prompt and prominent to meet the requirements of Clause 1 (ii). There was no breach of Clause 1 in relation to the inaccuracy about the charges faced by the complainant.
12. The
Committee next considered the complainant’s concern that the article had
reported that she had “initially [given a] false name to” police officers in
August 2020, noting that the publication had provided contemporaneous shorthand
notes which indicated that this information was heard in court. However, the
article gave the misimpression that this was a point of fact accepted by the
court rather than a claim made by the prosecution. This represented a failure
to take care under Clause 1 (i) and to clearly distinguish between comment,
conjecture, and fact in a further breach of Clause 1 (iv). This was considered
significant, where it related to the accuracy of what was heard in court, and
as such, required correction under the terms of Clause 1 (ii).
13. The
Committee turned to the question of whether the action undertaken by the
publication was sufficient to avoid a further breach of Clause 1 (ii). The publication had amended the article to
make clear that this was a claim by the prosecution and had added a footnote
correction to record this. The newspaper had published this soon after it had
been made fully aware of the misleading impression created by the article on
this particular point. The correction
identified the inaccuracy and put the correct position on record, and the
location was deemed sufficiently prominent, where the inaccuracy formed a
passing reference in the article and where it was not in dispute that the
complainant and their legal representative had not denied or disputed this
particular claim during proceedings. There was no further breach of Clause 1
(ii) on this point.
14. The
Committee then turned to the concerns raised under Clause 2 and Clause 6. The
Editors’ Code recognises that publications are generally entitled to report
court proceedings in full, save for particular circumstances, such as when
reporting restrictions have been put in place by the court. The Committee
acknowledged that in this instance the complainant was distressed that the
article included references to her child. However, in the absence of formal
reporting restrictions, and where it was accepted that the Recorder had
referred to the child in open court as the basis for his sentencing decision,
the Committee did not consider the publication of these references represented
an unnecessary intrusion into the child’s schooling in breach of Clause 6.
Moreover, whilst it was accepted that the complainant’s partial address was not
heard during court proceedings, the Committee did not consider this to be
private information: such information is, in general, a matter of public record
and had been provided by the court. The Committee did not, therefore, consider
that the publication of this information represented an intrusion into the
complainant’s private life. There was no breach of Clause 2 or Clause 6.
Conclusion
15. The
complaint was upheld in part.
Remedial
Action Required
16. The
published correction put the correct position on record and was offered
promptly and with due prominence. No further action was required.
Date
complaint received: 18/03/2021
Date complaint concluded by IPSO: 30/11/2021
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