Decision of the Complaints Committee 05423-19 Murdock v
The Irish News
Summary of Complaint
1. Gordon Murdock complained to the Independent Press
Standards Organisation that The Irish News breached Clause 1 (Accuracy) and
Clause 4 (Intrusion into grief or shock) in an article headlined “All victims
deserve respect, even those we didn't agree with”, published on 4 July 2019.
2. The article was a comment piece following the death of
Willie Frazer, who the article described as a high-profile “loyalist victims
campaigner”. It explained that he had been a controversial figure during his
lifetime, and caused offence to people he disagreed with. However, the
columnist argued that this should not undermine respect for the fact that Mr
Frazer and his family had suffered as a result of the Troubles in Northern
Ireland. The article said that “Willie Frazer was a victim. Five members of his
family were murdered. That some of those people were linked to the Glenanne
Gang has been well-publicised.” The article then went on to argue that the pain
caused by sectarian violence should not be the catalyst for further hatred, and
the path towards peace involved respect for the grief of others, even for those
whose views or actions were fundamentally opposed to their own.
The article appeared online in the same form and on the same
day, with the headline “Allison Morris: Even if we disagree with someone, we
should respect the grief of relatives”.
3. The complainant, the cousin of Willie Frazer, said that
the article was inaccurate, in breach of Clause 1. He said that it was not the
case that any of Mr Frazer’s relatives who had been murdered had been publicly
linked to the Glenanne Gang. He provided a document from the Historical
Enquiries Team in 2012 which stated that it had found no evidence that Willie
Frazer’s father was a member of, or otherwise associated with, any paramilitary
organisation. He also disputed that Mr Frazer himself had been involved in any
paramilitary activity, although he acknowledged that claims to this effect had
been published following his death. The complainant said the article’s claim
about Mr Frazer’s family, following his recent burial, had caused him and his
family much distress, and constituted a breach of Clause 4.
4. The publication apologised for any distress caused, but
did not accept that the article was inaccurate. The publication said that in
2017, two Northern Irish publications had reported that Bertie Frazer, Willie
Frazer’s father who was murdered, had been involved in the Glennane Gang, based
on claims made in a Ministry of Defence document. It provided copies of this
coverage. It acknowledged that this link was in dispute, however it was not
inaccurate to report that the link had been “well publicised”. It said that
when the article referred to “some of those people” being well publicised
members of the Glenanne Gang, this included Willie Frazer himself. It said that
the Glenanne Gang was essentially the Glenanne section of the illegal Ulster
Volunteer Force, which it said Willie Frazer had been linked to in a BBC
documentary in October of last year. As such, it said it was not misleading to
include him as one of the people with “well publicised” links to the Glenanne
Gang.
5. The publication did not accept that there was a failure
to handle publication of the article sensitively; the article was sympathetic
to Mr Frazer and his family. When the complainant had contacted the publication
directly prior to making a complaint to IPSO, the publication said that it had
tried to resolve his concerns; the statement under complaint was removed from
the online article, and the deputy news editor spoke to him on the phone, and
the following clarification was published in the next edition of the newspaper:
“In my column of July 4, I said that the late Willie Frazer
was a victim and I also referred to alleged connections between his family and
the loyalist group known as the Glenanne gang. I would like to acknowledge
that, according to a 2012 Historical Enquiries Team report, there was no
evidence to suggest that his father, Bertie Frazer, who was shot dead by the
IRA in 1975, was involved in paramilitary activity. I regret any upset caused
to the Frazer family.”
Relevant Code Provisions
6. 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.
7. Clause 4 (Intrusion into grief or shock)
In cases involving personal grief or shock, enquiries and
approaches must be made with sympathy and discretion and publication handled
sensitively. These provisions should not restrict the right to report legal
proceedings.
Findings of the Committee
8. The wording of the article was ambiguous as to who it was
referring to as having well publicised links to the Glenanne gang. It was
reasonable to interpret the phrase, “some of these people” as a reference to
both a member of one of Willie Frazer’s family who was murdered, and/or Willie
Frazer himself. Furthermore, the article did not say that these people were
members of the gang, or had been involved in any illegal activity, but “that
some of those people were linked to the Glenanne Gang has been well
publicised”. The Committee was also mindful of the difficulties in showing
conclusively, in writing, links between five people who had died and a
historical, defunct, paramilitary organisation; in this context, a link to a
gang being “well publicised” would not necessarily be understood by readers to
refer to news articles or other written allegations. Nevertheless, the
publication was able to provide a written basis to show that Bertie Frazer,
Willie Frazer’s father who was one of the five family members who was murdered,
and Willie Frazer himself, had well publicised links to the Glenanne Gang:
Bertie Frazer had been named in two Northern Irish publications following
claims made in an MoD document that he had been involved in the Glenanne Gang.
Allegations had also been made that Willie Frazer had links to the Glenanne
branch of the UVF, which the newspaper argued was reasonable to characterise as
the Glenanne Gang. Notwithstanding the family’s position regarding the
credibility of these allegations, there was no failure to take care in
reporting that some of either Willie Frazer’s family who had been murdered, or
Willie Frazer himself, had had “well publicised” links to the Glenanne Gang. In
addition, although the document from the Historical Enquiries Team made clear
that it had not found any evidence of Bertie Frazer being a member of a
paramilitary organisation, this did not contradict the fact that claims had
previously been made linking Bertie Frazer to the Glenanne Gang. There was no
breach of Clause 1(i), and no requirement to print a correction under the terms
of Clause 1(ii). Nevertheless, the Committee welcomed the publication’s prompt
clarification putting the finding of the Historical Enquiries Team on the
record.
9. The Committee acknowledged that the publication of the
article had caused the family distress. However Clause 4 does not prohibit
criticism of a person who has recently died, or prevent a publication from
reporting on contentious or controversial aspects of their life. In this case,
the article referenced information that was already in the public domain, and
had been the subject of much discussion and debate both during and after the
individual’s lives. Reporting this did not constitute a failure to handle
publication sensitively, and there was no breach of Clause 4.
Conclusions
10. The complaint was not upheld
Remedial Action Required
11. N/A
Date complaint received: 19/07/2019
Date complaint concluded: 12/03/2020