Decision of the Complaints Committee – 04681-19 Carden v
Mail Online
Summary of complaint
1. Ben Carden
complained to the Independent Press Standards Organisation that Mail Online
breached Clause 1 (Accuracy), Clause 2 (Privacy), Clause 3 (Harassment) and
Clause 12 (Discrimination) of the Editors' Code of Practice in an article
headlined "Glamping guru, 38, asks the High Court to jail his
ex-girlfriend for breaching business agreements after they split up over her
alleged affair with a neighbour" published on 10 June 2019.
2. The article
reported that the complainant had “urged the High Court to jail his former
girlfriend" after she allegedly had an affair. It reported that he had said
that his ex-girlfriend, also his former business partner, should be committed
to prison for contempt of court for allegedly breaching a court order which
required her to deliver up certain information.
3. The complainant
said that the article was inaccurate; he said that the application he had made
against his former partner for being in contempt of court did not ask the court
to commit her to jail. He said that he had made the application in order to
access the business bank accounts and online accounts of the business which
they had run together and that it was for the court to decide the appropriate
remedy. The complainant denied having made the comment: "He now says his
ex should be committed to prison for contempt of court in relation to breaches
of a judge's order requiring her to deliver up all the information required for
him to run the club's online accounts".
4. The complainant
also said that the article represented an intrusion into his private life as it
referenced the allegation of his partner's affair; he considered this to be a
private matter and that there was no public interest in it being published as
he was not a public figure. The complainant accepted that his former partner's
legal representative had claimed that he was acting vindictively following the
alleged affair, but he maintained that publishing this information was
intrusive.
5. The complainant
said that publication of the article constituted harassment, as the publication
had not provided him with an opportunity to comment on the allegations and
because he said that the article was not balanced.
6. The complainant
also said that the article discriminated against him in breach of Clause 12. He
said that the article was biased in favour of his former partner as she was
female; it aimed to portray her as the victim of a vindictive application and
discriminated against him on the grounds that he was male and portrayed him as
"a stereotypical abuser". The complainant also said that the article
featured a reader's comment below the article that he considered to be a
discriminatory reference to a condition from which he suffers: "Probably
blames her because she so effortlessly handled the online business while he
struggles daily with simple tasks".
7. The publication
denied any breach of the Code. It provided a copy of a sealed court order which
recited that the application which had been made by the complainant was “for
committal in respect of certain allegations of contempt of court”. It said that
the complainant was "asking the court to commit [ex-partners name] to jail
for contempt, as defined by Practice Direction RSC 52 and CCR 29, 1.1:",
and that this was an "application for an order for committal of a person
to prison for contempt of court (a ‘committal application’)". In such
circumstances, the publication said that it was not inaccurate to report that
the complainant had "asked" for his ex-partner to be sent to jail.
The publication said that the article had not included a direct quote from the
complainant, but had paraphrased the nature of the application he had made to
make it more accessible to readers; the publication said that the article
summarised the details of the application accurately.
8. The publication
said that the details of the alleged affair were heard in court and were
accurately reported; it was entitled to publish this information. It
highlighted that the matter was relevant to the case, as the representative for
the complainant's former partner alleged that this formed part of the
complainant's motivation for making the application to the court.
9. The publication
denied that the article or the comment which had been posted breached the terms
of Clause 12. The publication said that it was not aware of the complainant’s
condition until he made his complaint to IPSO; the article did not suggest he
had a disability of any kind, that he was unwell, or otherwise impeded in
carrying out daily tasks; he was presented as the equal of his business
partner. Further, the publication contended that it could not be inferred, on
an ordinary reading of the reader's comment, that this represented a pejorative
or prejudicial reference to a disability of any kind. The publication accepted
that the comment had been moderated, but did not accept that it engaged Clause
12.
Relevant Code Provisions
10. 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.
11. 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.
12. Clause 3 (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 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.
13. Clause 12
(Discrimination)
i) The press must
avoid prejudicial or pejorative reference to an individual's, race, colour,
religion, sex, gender identity, sexual orientation or to any physical or mental
illness or disability.
ii) Details of an
individual's race, colour, religion, gender identity, sexual orientation,
physical or mental illness or disability must be avoided unless genuinely
relevant to the story.
Findings of the Committee
14. The publication
provided a copy of a sealed court order which demonstrated that the complainant
had made an application for committal in respect of allegations that his former
partner was in contempt of court and that the court had ordered that "The
application for permission to commit to prison for contempt is adjourned".
In these circumstances, it was not inaccurate or misleading to report that the
complainant had asked or urged the court to send his former partner to jail.
The "quote" the complainant claimed had been inaccurately attributed
to him was not presented as a direct quotation, and it had not inaccurately
summarised the nature of his application. There was no breach of Clause 1.
15. The complainant
did not dispute that details of the alleged affair had been made public in open
court. In line with the principle of open justice, the publication was entitled
to report on the alleged affair, which was relevant to the case, and the
complainant had no reasonable expectation of privacy in relation to this
information in the circumstances. There was no breach of Clause 2.
16. Neither the
article nor the comment which was published made any reference to the
complainant's condition or any form of disability. The Committee acknowledged
that the complainant found the comment that he "struggled with daily
tasks" offensive, however the Committee did not find that it represented a
pejorative reference to the complainant’s condition. The complainant raised
concerns that the article was biased and therefore that it discriminated
against him on account of his gender. The Editors’ Code does not require
publications to avoid bias. In circumstances where the article did not feature
any prejudicial or pejorative references to the complainant on account of his
gender, there was no breach of Clause 12.
17. Clause 3
provides that journalists must not engage in intimidation, harassment or
persistent pursuit by the press, unless a public interest can be demonstrated,
and principally relates to the contact journalists have with members of the
public. The complainant's complaint that he was not contacted prior to
publication and that the court case had not been reported impartially did not
engage the terms of Clause 3.
Conclusions
18. The complaint was not upheld
Remedial action required
19. N/A
Date complaint received: 11/06/2019
Date decision issued: 24/09/2019