Decision of the Complaints Committee 04467-19 Law MP v Daily Record
Summary of complaint
1. Chris Law MP complained to the Independent Press
Standards Organisation that the Daily Record breached Clause 2 (Privacy) of the
Editors' Code of Practice in an article headlined "Nats of vipers"
published on 17 May 2019.
2. The article reported on “infighting” within the Dundee
branch of the Scottish National Party. It reported that the complainant had
"courted headlines” when the publication had previously reported his
intention to buy a named property in Angus in 2016. The article went on to
report that the complainant had "claimed he wanted to turn the [property] into
a holiday spot for disabled children, with the facility to be run by his
partner" but "three years later, the proposed disabled centre has not
materialised and the couple appear to live in the property".
3. The article appeared in much the same format online under
the headline "SNP infighting more like Game of Thrones plot than conduct
of a political party".
4. The complainant said that the article represented an
intrusion into his privacy which had resulted in security concerns and he also
referenced the current security issues faced by MPs. The complainant said the
information about his interest in the property had been republished from two
2016 articles in the Daily Record and another publication, but in contrast to
the article under complaint, these articles did not comment on where he
appeared to live. The complainant raised a number of specific security concerns
during the course of the investigation of the complaint.
5. The publication denied any breach of the Code. It said
that the information was already in the public domain by virtue of the 2016
articles and was therefore not private. It noted that the complainant had
publicly announced that he was buying the property; when contacted prior to the
publication of the 2016 article an SNP spokesperson had confirmed the purchase
and his reasons for doing so.
6. The publication said that the complainant had publicly
announced that he intended to use the property as a leisure facility for
children with physical and learning disabilities, at a time he was facing a
number of allegations of financial wrongdoing, of which he was subsequently
cleared. The publication said this had prompted public debate at the time and
there was a public interest in informing readers of the fact that the
complainant and his partner's plan for the facility had never materialised and
they appeared to live in the property; the article's publication contributed to
an ongoing public debate.
Relevant Code Provisions
7. 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 intrusion 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.
The Public Interest
1. The public interest includes, but is not confined to:
§ Detecting or
exposing crime, or the threat of crime, or serious impropriety.
§ Protecting public
health or safety.
§ Protecting the
public from being misled by an action or statement of an individual or
organisation.
§ Disclosing a person
or organisation’s failure or likely failure to comply with any obligation to
which they are subject.
§ Disclosing a
miscarriage of justice.
§ Raising or
contributing to a matter of public debate, including serious cases of
impropriety, unethical conduct or incompetence concerning the public.
§ Disclosing
concealment, or likely concealment, of any of the above.
2. There is a public interest in freedom of expression
itself.
3. The regulator will consider the extent to which material
is already in the public domain or will become so.
4. Editors invoking the public interest will need to
demonstrate that they reasonably believed publication - or journalistic
activity taken with a view to publication – would both serve, and be
proportionate to, the public interest and explain how they reached that
decision at the time.
Findings of the Committee
8. The Committee recognised the complainant's security
concerns. However, an individual does not ordinarily have a reasonable
expectation of privacy in relation to information concerning the ownership of
property or where the individual lives. In this case, it had been reported in
2016 that the complainant was considering buying the property, which had been
confirmed by a spokesperson for the complainant's political party, and the
complainant’s intended use of the property as a centre to help children with
disabilities was also in the public domain. The article under complaint
confirmed that the complainant had since purchased the property and
"appeared" to be living in it. The Committee considered that the
complainant did not have a reasonable expectation of privacy in relation to
this information; publication did not raise an exceptional security concern and
the complainant’s interest in the property was already in the public domain.
Further, there was a public interest in reporting that the complainant, an
elected official, had publicly voiced his intention to use the property as a
centre for children with physical and learning difficulties, but that those
plans appeared not to have materialised. There was no breach of Clause 2.
Conclusion
9. The complaint was not upheld.
Remedial action required
10. N/A
Date complaint received: 29/05/2019
Date decision issued: 11/10/2019