Decision
of the Complaints Committee – 07403-21 Foster v Mail Online
Summary
of Complaint
1. Vicky
Foster complained to the Independent Press Standards Organisation that Mail
Online breached Clause 1 (Accuracy) and Clause 4 (Intrusion into grief or
shock) of the Editors’ Code of Practice in an article headlined “'Heroes aren't
always what they're cracked up to be': Widow of firefighter murdered by man who
fought terrorist with narwhal tusk says 'five minutes on London Bridge is not
enough proof' he has reformed - as he's cleared for early release”, published
on 7th July 2021.
2. The
article reported on the early release of “London Bridge terror attack hero
Steven Gallant” from prison and the response of the “widow of [the] firefighter
murdered” by him. It stated that the complainant, who was the former partner of
Barrie Jackson, the late firefighter murdered by Steven Gallant, “today said
‘heroes aren’t always what they are cracked up to be’” and that ”[s]peaking
from her home in Hull, Mrs Foster, who has since remarried, said: 'It is a very
strange thing for me and the children to have to process’”. The article
continued by reporting on the details of her late partner’s murder. It stated
that he had been “beaten to the ground with a hammer by a gang of men… who
wanted revenge after he was cleared of the attempted murder of a 64-year-old
Hull prostitute”.
3. The
article also included details of Mr Jackson’s injuries and that “he had been
attacked and beaten so severely paramedics who tried to revive him could not
find his mouth” and that “Steve Gallant and James Gilligan… were eventually
convicted of murder”. It also reported the sex worker had been found with “a
broken jaw, fractured nose and wounds to her forehead that were caused by being
stamped on”. It stated that the “Widow… today revealed she had not a clue that
the man who confronted [the terrorist on London Bridge] with a narwhal tusk was
the same one who had killed her partner”. The article also reported that the
woman had said that “'Despite letters from my MP Dame Diana Johnson, explaining
this to members of the government - including Boris Johnson - we have had no
contact or consideration in their processes whatsoever”.
4. The
article was amended shortly after publication, following comments made by the
complainant on Twitter, so that it reported the comments attributed to the
complainant were made when she “[Spoke] to Radio 4 earlier this year”.
5. The
complainant said that the article was inaccurate in breach of Clause 1 because
it gave the impression that the comments attributed to her about the events on
London Bridge were contemporaneous quotes she had made to the publication. She
explained that these quotes had actually come from an article she had written
more than seven months earlier in December 2020 for a different publication.
She said that her position had changed and the circumstances she had described
in December had changed. For example, she highlighted that the article reported
that she had received no contact from government, but since the article in
December, she had received extensive correspondence, including an apology from
a Minister. Furthermore, the presentation of the comments as being
contemporaneous implied that they had been made in response to the release of
Steven Gallant from prison; this was inaccurate, they had been made many months
before he had been released in relation to his actions on London Bridge and the
royal pardon he had received. She did not necessarily feel the same way about
the situation now as she did at the time she made the comments.
6. She
also said the article was inaccurate as it referred to her as the “widow” of
Barrie Jackson, the firefighter who had been killed, yet she had never been
married to him. In addition, the complainant also said the article was
inaccurate because it implied that her former partner was responsible for the
attack on the sex worker by suggesting it was the motive for his murder; this
had not been established as the motive for his murder and he had been acquitted
of this charge in court. She also said it was inaccurate for the article to
state that her former partner had been attacked by a “gang” as only two men
were convicted. Finally, she said that the article had inaccurately reported
the first name of the second individual convicted of the murder of her former
partner.
7. Furthermore,
the complainant said the article breached Clause 4 as it referred to the murder
of her former partner and it described the injuries he had received in great
detail. She also said the article breached Clause 4, as the journalist
contacted her just before the publication of the article and asked her to
comment on the early release of the man who murdered her former partner. She
had explained she was finding the situation difficult to process and did not
want to comment at that moment. She explained that these comments had been
included in the article which she saw as an intrusion into the grief she was
experiencing at the time.
8. The
complainant also said the amended article was inaccurate as it said that her
comments had been made when “Speaking to Radio 4 earlier this year [2021]” when
they had actually come from an article she had written in December 2020.
9. The
publication said it accepted there had been an error in presenting the
complainant’s comments as contemporaneous. It said this had happened when an
editor composed the headline and included comments the complainant had made
previously, and the reporter who edited the text had concluded that the
complainant had made these comments recently to this publication’s journalist.
The publication updated the article two days after the article was originally
published after it was alerted to the error after noticing the complainant’s
tweet on the article and therefore, the correction had taken place promptly.
The publication also said this was not significantly inaccurate as the comments
had still been made by the complainant, albeit at an earlier time.
10. The
publication did not accept that referring to the complainant as the “widow” of
the firefighter was significantly inaccurate. It stated that the term was a
convenient shorthand used to describe the complainant as she had been in a
relationship with the Mr Jackson and they had had children together. It also
referred to other published and unamended articles that also described her as
the “widow” of the firefighter. Notwithstanding this, the publication amended
the article so that it described the complainant as the Mr Jackson’s
“ex-partner”.
11.
Regarding the use of the term “gang”, the publication did not accept that there
was a breach of the Code arising from the use of this term. It said that the
summary of the appeal for the individual who was convicted of the firefighter’s
murder stated that “the deceased was on the ground with three or four men
around him”. As such, the publication argued that it was not significantly
inaccurate to refer to those responsible as a “gang of men”; however, it
amended the article to remove this reference as a gesture of goodwill as it
acknowledged just two men had been convicted for the murder. The publication
also stated the summary of the appeal referred to one of the individuals
convicted of the complainant’s partner’s murder by the first name that the
complainant said was inaccurate, as did an article by a different publication that
covered the original arrests. Again, it amended the article based upon the
complainant’s concerns, but did not accept this constituted a breach of the
Code.
12. The
publication also did not accept a breach of the Code in relation to the
complainant’s concern that the article suggested her ex-partner had been
responsible for an attack on a sex worker. The publication accepted that the
motive ascribed to those convicted of the murder of the complainant’s former
partner was inaccurate. It amended the article to refer to the motive as
described by the judge who oversaw the appeal lodged by the man convicted of Mr
Jackson’s murder. However, it said that, regardless of what motive was given to
those convicted of his murder, the article had stated that the firefighter had
been “cleared of the attempted murder of a 64-year-old Hull prostitute” and so
did not represent a significant inaccuracy.
13. The
publication also did not accept a breach of Clause 4 and said that this Clause
was not engaged. It stated the approach by the journalist had been made
sensitively, and that this was not something the complainant had disputed. It
also said that the article had not contained gratuitously gory information and
had not sought to mock the way that the complainant’s former partner had been
killed. The publication argued that much of the material included in the
article had already been put into the public domain by the complainant or had
been reported contemporaneously at the time of the appeal. The publication
further stated that the information detailing the injuries sustained by the
complainant’s former partner and the sex worker had been made public in
documents that had been released following the failure of the appeal.
14. The
publication did not accept a breach of Clause 1 in relation to the amended
article, which predated the IPSO complaint. It stated that the complainant had
spoken to Radio 4 previously, and that this appearance had focused on the same
information that she had included in her article. It concluded that, whilst it
had amended the article on this point, it was not significantly inaccurate to
refer to the programme in order to provide context for the complainant’s
quotes.
15.
During the referral period, and again during IPSO’s investigation, the
publication offered to publish a standalone correction or article, working with
the complainant to find an acceptable wording, while also making amendments to
the article. Ultimately, it offered to remove the article from the website and
publish a standalone apology that would appear in the clarification and
correction’s section online, which was its standard location for corrections.
It stated it would publish the article here for twenty-four hours before being
archived, although it would remain searchable. The proposed article was as
follows:
We
published an article on 7 July about the reaction of Vicky Foster, the
ex-partner of a firefighter, Barrie Jackson, murdered by London Bridge terror
attack hero Steven Gallant, to Gallant's release from prison. Following contact
from Ms Foster the article has been removed from the website and she has asked
us to make clear the following points: Ms Foster was referred to in the article
as Mr Jackson's widow, whereas he was her ex-partner; her comments published in
the piece that 'heroes aren't always what they're cracked up to be' were
initially made in an article for The Hull Story in December 2020 and not, as
suggested, contemporaneously to MailOnline. Further to this, we are happy to
clarify that only 2 people were convicted for the attack on Mr Jackson rather
than 'a gang', and that the motive was not purported revenge following Mr
Jackson being found not guilty for an attack on a sex worker but rather a
belief that Mr Jackson had been partly responsible for an attack on the
girlfriend of one of the attackers. We apologise for any distress caused.
16.
Regarding the publication’s referral to the appeal documents that described
“three or four” men surrounding Mr Jackson, the complainant said there was no
suggestion in these documents or elsewhere that all of these men had
participated in the attack.
17. The
complainant did not accept this proposal from the publication as a resolution
to her complaint.
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 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
18. First,
the Committee acknowledged and was sorry to hear that the article had caused
the complainant distress. The Committee first considered the presentation of
the complainant’s quotes as being contemporaneous and made direct to the
publication’s journalist. These comments had, in fact, mostly been taken from
an article written by the complainant for a different publication more than
seven months prior, as well as brief comments made contemporaneously to the
publication’s reporter. The use of comments made previously in the context of a
new article relating to subsequent events does not in and of itself raise
concerns under Clause 1. However, in
this case, the article had reported that the complaint was “[s]peaking from her
home in Hull”, and no distinction had been made between the comments made at
the time the article was published, and those made seven months earlier.
19. The
presentation of the complainant’s comments in the article gave the misleading
impression that the complainant’s comments reflected her current position,
following the release of the complainant’s former partner’s murderer; in fact,
the only contemporaneous comment she had made was that the situation was hard
to process, and she did not wish to speak about it. In addition, her position
had changed, such as in relation to the absence of any contact from the
government. The misrepresentation of the comments obtained from a previously
published article meant the publication had not taken care and there was a
breach of Clause 1 (i).
20.
Where the comments were presented as the complainant’s reaction to the release
of her former partner’s murderer from prison but had in fact been made seven
months previous to his release, this inaccuracy was significant and required
correction under the terms of Clause 1 (ii). The publication had altered the
article shortly after publication to make clear that the comments had been made
to a radio programme earlier in 2021, but this still did not reflect the
correct situation, and no clarification had been made to acknowledge the
original error and set out the correct position. This action did not,
therefore, meet the requirements of Clause 1 (ii) to prompt a significant
inaccuracy promptly and with due prominence.
21. The
publication did, however, subsequently offer a correction that was sufficiently
prompt, as an offer was made at the start of IPSO’s investigation that
addressed the inaccuracies and provided the correct position. It was also
sufficiently prominent as it was proposed to be published as a standalone
correction in the established clarification and correction’s section online.
There was no further breach of Clause 1 on this point.
22.
Regarding the complainant being referred to as the “widow” of Mr Jackson, the
Committee considered the publication’s position that previous coverage had also
referred to her in this way. However, the complainant’s marital status would
have been easy to verify, especially as the article authored by the complainant
in December 2020 – heavily drawn on by the publication – had referred to this
individual as her “ex-partner”. The publication had not taken care and so there
was a breach of Clause 1 (i).
23. The
article reported on a sensitive situation: the complainant’s apparent reaction
to the release of the man who murdered her ex-partner. The nature of the
complainant’s relationship to the murder victim was therefore significant and
the Committee did not agree with the publication that the term “widow” could be
considered a “convenient” shorthand for a former partner. The term had a
specific meaning which was not in this case applicable. The misuse of the term
“widow” was therefore significant and required correction. The correction
proposed by the publication had addressed this inaccuracy and provided the
correct position. It was offered with due promptness and prominence, as set out
above, and so there was no additional breach of Clause 1 (ii) on this point.
24. The
article reported that the murderers of the complainant’s ex-partner had been
seeking revenge after he had been cleared of the attempted murder of a sex
worker. The complainant stated that this was inaccurate. The newspaper had been
unable to support its description of the motivation for Mr Jackson’s murder and
amended the article to reflect the motive as described in documents submitted
to the Court of Appeal, which said that they had been motivated by a belief Mr
Jackson was responsible for an assault on one of their girlfriends. Where the
correct information had been available in publicly accessible court documents,
this represented a failure by the publication to take sufficient care not to
publish inaccurate or misleading information, and consequently raised a breach
of Clause 1 (i). The motivation for the murder of the complainant’s late
partner was a significant point, and the misreporting of this information was
therefore significantly inaccurate and required correction. The publication accepted this was an error
and, as set out above, offered a correction promptly and with due prominence.
There was no further breach of Clause 1.
25. The
Committee then considered the use of the term “gang”. Only two men had been
convicted of the murder of Mr Jackson, however, the reference to a “gang” was
brief and did not represent a significant detail in the article which was
reporting on one of the men’s release and the complainant’s response. There was
no breach of Clause 1 on this point.
26. The
reference to one of the men involved in Barrie Jackson’s murder by the wrong
first name, whilst inaccurate, was not significantly inaccurate in the context
of the article. The article reported on the actions of the other individual
convicted of murder and so the reference to the second man involved was brief
and did not materially affect the story, especially where the surname was
reported correctly. Therefore, there was no breach of Clause 1 on this point.
27. The
Committee then considered the complaint under Clause 4. The description of the
injuries sustained by her ex-partner and the sex worker had been made public
within court documents and contemporary coverage. In addition, it was not
insensitive or gratuitous as the details of the injuries had been heard in
court and were used in the article to demonstrate the severity of the injuries
sustained by Mr Jackson at the hands of his attackers. There was no breach of
Clause 4.
Conclusion(s)
28. The
complaint was partially upheld under Clause 1.
Remedial
Action Required
Date
complaint received: 08/07/2021
Date complaint concluded by IPSO: 18/03/2022
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