Resolution statement 06151-20 A Woman v The Sunday Telegraph
Summary of complaint
1. A woman complained to the Independent Press Standards
Organisation that The Sunday Telegraph breached Clause 1 (Accuracy) and Clause
2 (Privacy) of the Editors’ Code of Practice in an article headlined “We baby
boomers are still bewitched by the cult of youth” published on 19 January 2020.
2. The article was a comment piece in which the writer was
critical of those she considers to be in denial about the advancement of their
age. In support of her argument, the writer gave the example of a woman who had
sued her employers for age discrimination when they gave her a birthday card.
The woman’s age, name, general location, and former job role were reported. The
article explained that the judge had “thrown out” her claim.
3. The article also appeared online in the same form on the
same day with the headline “We vain and graceless babyboomers are still
bewitched by the cult of youth”.
4. The complainant was the woman named in the article as
having sued her former employers for age discrimination. She said that the
article had inaccurately reported her legal action – it was not the case it was
based solely on age discrimination, and instead was mainly focussed on alleged
harassment and breaches of data protection law. Furthermore, she said that she
was inaccurate to say that the judge had “thrown out” her case when she said
that it had been considered by a judge at two hearings and a four-day final
hearing. She also said that the article intruded into her privacy, as the
publicly available judgement gave only her last name and initial rather than
her full name as reported in the article.
5. The newspaper did not accept that the article breached
the Editors’ Code. It said that the article was a comment piece, and not an
in-depth report of the complainant’s case. It said that it was not in dispute
that the complainant’s case against her former employers related in part to
alleged age discrimination, and the writer was entitled to focus on that to
illustrate her wider point about attitudes to aging in society. It said that it
was not inaccurate to say that the complainant’s case had been “thrown out”
when this would be readily understood to mean her claims were not upheld in a
court or tribunal, as was the case. It said that the judgement was publicly
available – whether it included the complainant’s full name or simply her last
name and initial did not give her a reasonable expectation of privacy over her
connection to the case.
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.
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.
Mediated Outcome
7. The complaint was not resolved through direct
correspondence between the parties. IPSO therefore began an investigation into
the matter.
8. During IPSO’s investigation, the publication agreed to
remove all identifying references to the complainant from the online article,
including the user comments underneath the article.
9. The complainant said that this would resolve her
complaint.
10. As the complaint
was successfully mediated, the Complaints Committee did not make a
determination as to whether there had been any breach of the Code.
Date complaint received: 14/05/2020
Datde complaint concluded by IPSO: 24/11/2020
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