Decision of the Complaints Committee 04034-15
Aitchison v The Times
Summary of
complaint
1. Dr Philip Aitchison complained to the Independent
Press Standards Organisation that The Times had breached Clause 1 (Accuracy) of
the Editors’ Code of Practice in an article headlined “Older cancer patients
are failed by GPs”, published on 4 June 2015.
2. The article reported that Professor Patricia Ganz, a
cancer and public health specialist at the University of California, had said
that older patients were at risk of being denied potentially life-saving cancer
treatment because GPs failed to realise the treatment could be beneficial.
3. The complainant said that GPs were not failing cancer
patients by denying them treatment, as reported. He said that GPs played a
major role in cancer diagnosis and in the provision of palliative care, but
they did not decide what treatment a cancer patient was offered. He also
expressed concern that Professor Ganz’s opinion had been based on “discredited
anecdote-based” medicine, and not on evidence. He said he had not received a
response from the newspaper when he contacted it directly to raise his
concerns.
4. The newspaper said that its report of Professor Ganz’s
speech was accurate. Professor Ganz had drawn from her experience in the US,
but her arguments were supported by several recent British studies. It accepted,
however, that the article’s reference to GPs had been potentially misleading as
GPs decided whether to refer a patient to a specialist, but did not decide what
treatment the patient would or would not receive. Although the newspaper did
not consider that this had represented a failure to take care over the
article’s accuracy or a significant inaccuracy, it published the following
clarification in its Corrections and Clarifications column on page 20 of the
newspaper, and beneath the amended article online:
Clarification: We reported that cancer treatments may be
withheld from elderly patients (News, June 4, early editions), because “GPs
fail to realise it can be life-saving”. We have been asked to clarify that
specialists, not GPs, are responsible for making treatment decisions.
5. The newspaper said it had been entitled to report
Professor Ganz’s opinion. It did not consider that it had breached the Code by
failing to report every shade of medical opinion in its report. It noted that
it had not received the complainant’s initial complaint because he had not
directed it to the newspaper’s complaints department.
Relevant Code Provisions
6. 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.
iii) The Press, whilst free to be partisan, must
distinguish clearly between comment, conjecture and fact.
Findings of the Committee
7. It was accepted that it was specialist doctors, and
not GPs, who were responsible for deciding whether or not a patient would
receive cancer treatment. The headline and first line of the article, however,
had given the significantly misleading impression that GPs had denied older
patients cancer treatment. This represented a failure to take care over the
accuracy of the article in breach of Clause 1 (i), and a correction was
required in order to avoid a breach of Clause 1 (ii).
8. On receipt of the complaint, the newspaper had
published a correction in its established Corrections and Clarifications
column, which made clear that GPs were not responsible for making decisions
regarding cancer treatment. The newspaper had also amended the online article and
appended the correction to it. The Committee considered that the prompt action
taken by the newspaper was sufficient to meet the requirement of Clause 1 (ii).
There was no further breach of the Code on this point.
9. The complainant had expressed concern that Professor
Ganz’s views had been based on “discredited anecdote-based” medicine. The
newspaper, however, had been entitled to report Professor Ganz’s opinion, and
it had clearly attributed the comments to her. The opening sentence had
referred to a warning from “one of the world’s leading experts”, and the
article went on to quote from her speech directly. The newspaper had not failed
to distinguish comment from fact. This point did not raise a breach of the
Code.
Conclusions
10. The complaint was upheld.
Remedial Action Required
11. Having upheld the complaint, the Committee considered
what remedial action should be required.
12. The newspaper had promptly published a correction,
which corrected the inaccuracy, and had amended the online article and appended
a note in response to the complaint. No further action was required.
Date complaint received: 10/06/2015
Date decision issued: 17/08/2015