Decision of the Complaints Committee 05411-19 Lennox v The Jewish
Chronicle
Summary of Complaint
1. Jenny Lennox complained to the Independent Press Standards
Organisation that The Jewish Chronicle breached Clause 1 (Accuracy), Clause 2
(Privacy) and Clause 3 (Harassment) of the Editors’ Code of Practice in an
article headlined “Top activist: ‘Only hate is Jews vs Jews’”, published on 22
March 2019.
2. The article reported on a comment made by Jenny Lennox at a
meeting of the Walthamstow Labour Party and reported “that the ‘only’
antisemitism she had seen in the Labour party was ‘Jews attacking other Jews
for having the wrong attitude on Israel’”. The article said that Ms Lennox was
“on the executive of the Labour Representative Committee” and was Jewish.
3. The article also appeared online under the headline “Jewish
member of John McDonnell–backed Labour Representation Committee dismisses
Labour antisemitism”. The online article was substantially longer than the
print article, and contained information on a recent Labour Representation
Committee (LRC) statement which suggested “allegations of Jew-hate were
‘propaganda’ from the ‘ruling class’” and “false accusations… intended to
weaponise the antisemitism against Labour” and described Israel as “an
intrinsically racist endeavour”.
4. The complainant said that the article was inaccurate in breach
of Clause 1 as it reported that she was currently on the executive of the LRC
when she had left the executive in 2012 and the National Committee in 2013. She
also said that it was misleading to use recent quotes and points from the LRC
when she had not held a position with the LRC for seven years, as this
associated her with antisemitism deniers. She also said that she was not Jewish
and it was inaccurate to describe her as so.
5. The complainant also said that the article represented an
intrusion into her privacy as her comments were made at a meeting that was only
open to members of the Labour Party. She was particularly concerned that the
meeting appeared to have been recorded, as this is against Labour Party rules.
6. The complainant also said that publication of the article
constituted harassment, as by associating her with anti-Semitism deniers, it
was libellous, and jeopardised her employment, friendship with Jewish friends
and affected her family. She said that as she did not hold a position in the
Labour Party, the story was not in the public interest.
7. The publication accepted that it had inaccurately published
that the complainant was on the executive of the LRC and Jewish, however it did
not accept a breach of Clause 1(i) as it said it had taken care when
researching these claims. It said a prominent Labour website had reported that
the complainant was still on the executive of the LRC. It provided a quote by
the complainant from the meeting which it said demonstrated the care taken over
the accuracy of the article’s claim that she was Jewish: “I’m not going to
speak in tropes about Jewish people, but it’s certainly said about my family,
how many Lennoxes does it take to change a light bulb, it takes one to change
it and the rest to all debate about it, but I’m fairly sure that’s true of an
awful lot of Jewish people.” The publication said that it was reasonable to
infer from this quote that the complainant was Jewish. It said that not
contacting the complainant prior to publication was not a failure to take care.
Prior to her IPSO complaint, after direct correspondence with the publication
the fact that the complainant had left the LRC was made clear in the article,
and the reference to her being Jewish was deleted. During the IPSO
investigation the publication accepted that both inaccuracies needed correction
under Clause 1(ii) and offered the following to be posted in their established
corrections column:
"A March 22 article headlined 'Top activist: Only hate is Jews vs
Jews' incorrectly reported that Jenny Lennox was Jewish and a member of the
Labour Representation Committee’s national executive, a position she had
previously held."
It would appear as a footnote to the online version of the article
as:
"An earlier version of this story incorrectly reported that Jenny
Lennox was Jewish and a member of the Labour Representation Committee’s
national executive, a position she had previously held."
8. The publication said that the complainant did not have a
reasonable expectation of privacy at the Labour members’ meeting. It said a
contact at the meeting revealed the content of the meeting to the publication.
It noted that with the current controversy relating to antisemitism in the
Labour Party, there was a significant public interest in the publication
following the affairs of the Labour Party. In addition, it noted that the
complainant, as someone who was backed to be a Prospective Parliamentary
Candidate, should expect her affairs and views to be scrutinised.
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 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.
*The Public Interest
1. The public interest includes, but is not confined to:
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
9. The website, published in 2018, provided by the publication had
reported that the complainant was currently on the LRC executive. However, it
was also noted that this was a third party website that was not affiliated to
either the complainant or the LRC. The quote relating to the Lennox family
could be interpreted as her saying that she is Jewish, however this inference
by the journalist was the only information which suggested that she was Jewish.
On this basis, relying on a third party website, and an inference from a
personal anecdote without taking further steps to ensure the accuracy of these
claims within the article, represented a failure to take care and there was a
breach of Clause 1(i).
10. The Committee then considered whether these constituted a
significant inaccuracies. In the context where the complainant had not been
part of the LRC for several years and the online article went on to highlight
and criticise the LRC’s approach in a way that related their views to the
complainant, this was found to be a significant inaccuracy. In addition, as the
article was reporting on antisemitism, and where the complainant’s religion would
have a bearing on these views, incorrectly reporting that the complainant was
Jewish was also found to be a significant inaccuracy. Therefore, both of these
aspects were found to require a correction under Clause 1(ii).
11. The publication accepted that the article was inaccurate and
amended the online article two days after receiving direct correspondence from
the complainant. The publication offered to publish a correction nine days
after the complaint was referred by IPSO. The publication's offer identified
the inaccuracy, set out the correct position and was offered promptly. However,
the Committee required an amendment to clarify when the complainant left the
LRC, so the correction would now end “…a position she held until 2012.”
Further, the publication's offer to publish the correction in the established
corrections page and as a footnote to the online article represented due
prominence, as corrections columns demonstrate a commitment to correcting
inaccurate or misleading material, while providing a consistent and familiar
position in which to correct inaccuracies for readers. This should now be
published to avoid a breach of Clause 1(ii).
12. The Labour Party meeting from which the quotes were taken was
for Labour members only, had around 40 people in attendance and was not
supposed to be recorded. However, the comments made by the complainant –
commenting on a current, political matter, were not, in and of itself,
information an individual would have an expectation of privacy in regards to.
It was additionally noted that the complainant was speaking as a political
figure who had been backed to be a Prospective Parliamentary Candidate, and
publishing her views on a highly controversial and current topic was in the
public interest. In this context, the complainant did not have a reasonable
expectation of privacy over her comments and the newspaper was entitled to
report on them. Therefore, there was no breach of Clause 2.
13. The terms of Clause 3 generally relates to the conduct of
journalists during the newsgathering process and is designed to protect
individuals from unwanted or repeated approaches by the press. The
complainant's concerns regarding libel and threatening her employment,
relationships and family did not constitute harassment in breach of Clause 3.
Conclusions
14. The complaint was upheld in part.
Remedial action required
15. The correction which was offered was clearly put the correct
position on record, and was offered promptly and with due prominence, and
should now be published.
Date complaint received: 18/07/2019.
Date decision issued: 04/12/2019.