Decision
of the Complaints Committee – 03296-21 Carr v Southend Echo
Summary
of Complaint
1. June
Carr complained to the Independent Press Standards Organisation on behalf of
herself and her husband, Alex Carr, that the Southend Echo breached Clause 1
(Accuracy) and Clause 2 (Privacy) of the Editors’ Code of Practice in the
following two articles:
·
An
article headlined “NOISE PAYOUT FOR AIRPORT NEIGHBOURS“ published on 31 March
2021.
·
An
article headlined “‘Pay us £100k and we will move out’”, published on 13 April
2021.
2. Both
articles appeared online in substantially the same format under the headlines
“Southend Airport to pay £86k to neighbours for noise” and “Fury as families
miss out on Southend Airport compensation”, respectively.
3. The
first article appeared on the front page of the newspaper, with its headline
followed by a standfirst stating “Nine homes to get a share of £134k due to
runway noise”. Both the headline and standfirst appeared in front of a
photograph showing the complainant and her husband in the foreground sitting in
a garden, with an aeroplane standing on tarmac clearly visible in the
background, captioned: “Not so peaceful – Alex and June Carr in their garden
that backs onto Southend Airport”. The front-page directed readers to page 9
for the full article. This reported that following a court ruling, “nine homes
on nine different roads” were paid between “£4,000 and £17,000” to help repay
losses to the value of their properties following the 2021 extension to
Southend Airport. The article included the comments of a number of local
residents, including one “who wishes to remain anonymous”, and featured the
same image which had appeared on the front-page. This was captioned:
“Neighbours – Southend Airport”.
4. The
second article appeared on page 6 beneath the headline “‘Pay us £100k and we
will move out’” and reported the “demands” made by the “furious families” who
live next door to Southend Airport. It included the same image used within the
first article and stated that the complainant wanted “£100,000 from airport
bosses” so that she and her husband could move out of their home: “It’s unfair,
we’re the closest to the runway. I’d be lucky if we got £300,000 for it now,
it’s worth over £400,000. To work for 30 years on the house and to lose so much
money is heart-breaking. We can’t sit in the garden because of it”. The article
then included the comments from another resident and Southend Airport as well
as the following correction:
“The
Echo would like to correct the story it published on March 31 in relation to
compensation handed to residents. In our initial story we stated that the
airport would pay £134,000 in compensation. This was a mistake and the airport
will actually pay £86,500 to residents. We would like to apologise for any
confusion caused.”
5. The complainant said both articles were inaccurate and misleading, in breach of Clause 1. In regard to the first article, she said that the inclusion and prominence of the photograph, with the caption identifying her and her husband by name, under the headline: “NOISE PAYOUT FOR AIRPORT NEIGHBOURS”, incorrectly implied that they had received compensation from the airport; they had not. The complainant said that this had resulted in “bad feelings” within their local area as it was perceived as an affront by their neighbours to their collective effort for compensation.
6. The
complainant said that the second article had inaccurately reported the quote
she had given to the newspaper: she denied that she had demanded “£100,000”
from the airport. Instead, she said the reporter asked her how much she thought
her house was worth, to which she responded that “like for like” in another
area, she would get £100,000 more. She
said that the article misrepresented her position, and it was inaccurate to
report that she had “demanded” such an amount, or said she would leave if she
was awarded it.
7. In
addition, the complainant said both articles breached Clause 2 (Privacy) by
publishing an image of her and her husband in their garden, taken a number of years
previously for a different story, without their consent or permission.
8. The
newspaper did not accept a breach of the Editors’ Code. In regard to the first
article, it did not consider that the inclusion of the image, which identified
the complainant, was misleading. It said that neither the text of the article
nor the caption of the image reported that the complainant had received
compensation, with the image used merely to illustrate the extent to which
local residents were affected by the extension.
9. Furthermore,
it argued that this “impactful” image was widely circulated within the media
and a “well-known representation” of the issue, with the newspaper providing a
number of past articles which included the image from a range of publications
in order to demonstrate this. With this, and the complainant’s own public
disclosures of information – such as appearing on ITV’s This Morning to discuss
the matter from her garden – the newspaper did not accept the complainant’s
privacy concerns under Clause 2.
10. The
newspaper did not accept that the second article inaccurately reported, or
misrepresented, the comments made by complainant to the newspaper. The
newspaper maintained that the reporter had asked her if she would accept £100,000
in compensation from the airport as she believed that amount had been deducted
from the value of her property to which she responded yes. The newspaper
provided a copy of the reporter’s contemporaneous shorthand notes of the
interview with the complainant in order to demonstrate this, accompanied by a
transcript of the relevant notes. The transcript showed that in response to the
complainant stating that she believed her house had been devalued by £100,000,
the reporter had asked her “would you want airport to pay you that back?” to
which she responded “yes”. The newspaper said that upon hearing that the
complainant was displeased with the first article, it had contacted her, and
the second article served to clarify that the complainant had not in fact received
compensation from the airport.
11.
Furthermore, the newspaper offered, in an effort to resolve the matter upon
receipt of the complaint, to publish a correction at the top of page 2 of the
newspaper, stating that the complainant had not received compensation and
clarifying the complainant’s comment in regard to the £100,000.
12. The
complainant was not satisfied by the correction offered by the publication, as
it did not make clear that she had not made the comment attributed to her. She
did not consider it adequate to address her concerns, particularly in regard to
the remarks reported in the second article. In response, the publication
offered to publish the following, amended correction:
On March
31, the Echo published a news story which covered compensation given to various
homeowners around Southend Airport. In our coverage, we used – on the front
page – an image of a plan at Southend Airport, very close to homes. This was
used to illustrate the close proximity of the airport to people’s homes. While
the Echo did not state in the news story that Mr and Mrs Carr had received
compensation, they were included in the picture. We would like to make clear
that Mr and Mrs Carr were not given compensation. Furthermore, Mr and Mrs Carr
say a remark published by the Echo in a subsequent follow-up news piece was
inaccurate. Mrs Carr has asked us to point that she did not say “I’ll go if the
airport gives me £100,000”. The Echo apologises for any upset caused.
13.
Whilst the complainant welcomed the updated wording and did not object to the
newspaper publishing it, she did not consider it sufficient to resolve her
complaint. This correction appeared beneath the headline: “"CORRECTION: NO
COMPENSATION FOR NOISE” and included the image of the complainant in the
garden, with the caption: “Noise nuisance – Mr and Mrs Carr in their garden,
close to Southend Airport”. The newspaper also confirmed that the online
version of the second article was amended, with the correction appearing at the
foot of the article, though it conceded that this was updated at a later date
to the correction that had appeared in print due to an oversight.
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
Findings
of the Committee
14.
Whilst the first article did not specifically state that the complainant had
been awarded compensation, the Committee considered that the inclusion and
prominence of the photograph, which showed the complainant in her home with the
airport visible in the background, alongside reference to compensation being
distributed to “nine homes” households neighbouring the airport, gave the clear
impression that she had been one of the recipients. This was misleading, as the
publication accepted. While the newspaper said the photograph had been used as
a more general illustration of the proximity of local homes to the airport, its
inclusion implied a specific link to the subject of the article: the
distribution of compensation. As such, the newspaper had failed to take care
not to publish misleading information under Clause 1 (i). This was significant
and required correction under Clause 1 (ii).
15. The
Committee then considered the second article, which reported that the
complainant had “demanded” £100,000 from Southend Airport for her to “move out”
of her home. Whilst the Committee recognised that the newspaper may have
inferred this meaning from the complainant’s comments, the article did not make
clear that it was reporting the publication’s interpretation of the
complainant’s comments; as demonstrated by the notes provided by the newspaper,
the complainant had not “demanded” this specific amount from the airport, nor
said that she would move if her and her husband received this specific amount
in compensation. Furthermore, this was included within quotation marks in the
headline to suggest a direct quote from the complainant. On this basis, the
newspaper had failed to take care not to publish misleading information in
breach of Clause 1(i). This misleading presentation of the complainant’s
comments related to contentious ongoing issues surrounding financial
compensation and was, therefore, significant and as such required correction
under Clause 1 (ii).
16. The
newspaper had argued that the second article sought to clarify the position of
the complainant and addressed any ambiguity resulting from the first over
whether they had yet been compensated. The Committee did not consider that the
second article identified the original inaccuracy or specifically corrected it,
although it did report that the complainant had received no compensation to
date. Notwithstanding this, upon receipt of the complaint, the newspaper had
offered to publish a correction. The wording of this correction was
subsequently amended to better reflect the complainant’s position, prior to
publication. Though the Committee expressed concern at the publication’s
initial engagement with the concerns raised by the complainant prior to IPSO’s
investigation where this offer was made on receipt of the complaint, this was
sufficiently prompt, and where it appeared on page 2 of the newspaper, was
sufficiently prominent. The wording of the correction, published in print on 1
June, made clear the complainant’s position, as required under Clause 1 (ii).
Whilst the Committee noted that the online version of the article was not
updated until a later date, the newspaper had offered the correction promptly
and then acted swiftly to rectify this by amending the text of the article and
publishing the same correction that had already appeared in print at the foot
of the article as soon as it became aware of the oversight. For these reasons,
there was no breach of Clause 1 (ii).
17. The
Committee next considered the concerns under Clause 2 and whether the
complainant had a reasonable expectation of privacy in relation to the
information contained in the photograph. The Committee noted that the image had
been widely circulated prior to the article’s publication and had been taken with
the complainant’s consent and cooperation, with the complainant partaking in
media interviews from her garden in order to highlight the proximity of her
home to the airport. In such circumstances, and taking account of the
complainant’s own public disclosures of information and the extent to which the
disputed information was already in the public domain, the Committee did not
consider that the complainant had a reasonable expectation of privacy in
respect of the information contained in the photographs. There was no breach of
Clause 2.
Conclusions
18. The
complaint was upheld in part.
Remedial
Action Required
19. 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: 12/04/2021
Date
complaint concluded by IPSO: 13/10/2021