Resolution
Statement – 07950-23 Mainwaring v South Wales Argus
Summary
of Complaint
1. Lewis
Mainwaring complained to the Independent Press Standards Organisation that the
South Wales Argus breached Clause 1 (Accuracy), Clause 2 (Privacy), Clause 10
(Clandestine devices and subterfuge), and Clause 14 (Confidential sources) of
the Editors’ Code of Practice in an article headlined “Spare copies snapped
up”, published on 11 January 2023.
2. The
article reported on the Duke of Sussex’s biography during the week it became
available for purchase in the UK. The article contained several quotes from
booksellers in Newport, including a quote from a “spokesperson for WH Smith”.
It also reported that Lewis Mainwaring [the complainant], who also worked at WH
Smith, added: “We have sold about 20 copies of the book already; I am reading
it and I'm already on chapter two and I love it”.
3. The
article also appeared online in substantially the same format under the
headline “Prince Harry's memoir flying off the shelves at Gwent book stores”.
4. The
complainant said that the behaviour of a journalist working on behalf of the
publication breached Clause 10 and Clause 14. He said the journalist had
approached him whilst he was working and asked him questions about the book,
which led the complainant to believe that she was a customer. He said that,
after about three to four minutes of discussion, she stated she was a
journalist. The complainant said that, at this point, he stopped the
conversation and said he could not speak to the press, and that he would not
have answered her questions had she identified herself as a journalist at the
start of the conversation. He also said that the quote recorded in the article
was a direct quote of what he said, which he considered to be evidence that the
journalist had a recording device - the
use of which he had not consented to.
5. The
complainant said that he had not consented for his quotes, name or job to be
used within the article. He considered this to intrude into his privacy in
breach of Clause 2.
6. Finally,
the complainant said that the article was inaccurate in breach of Clause 1. He
said that the article gave the impression that he was the “spokesperson” quoted
– which he said was not the case.
7. The
publication did not accept a breach of the Code. It did not agree with the
complainant’s version of events – it said the journalist had identified herself
as working for the newspaper at the start of their conversation, and had even
asked the complainant his name, which she had said he had spelled out for her.
It accepted he had seemed unclear as to whether he was allowed to talk to her,
but that – regardless – he had spoken to the journalist about enjoying the
book. It said the journalist had not used a recording device, but had made
notes on her phone; it provided a copy
of these notes. It said, therefore, Clause 10 was not engaged.
8. The
publication also said that, as no agreement was made with the complainant that
he would be a confidential source, Clause 14 was also not engaged.
9. The
publication noted that the complainant worked in a public-facing role in a shop
in which he served thousands of members of the public. It noted that he had
given his name and quote freely –, which it said demonstrated he did not
consider it to be private information. It also noted that his name, job title,
and location were publicly available on LinkedIn.
10. The
publication also said that the article was not misleading – it said that the
“spokesperson” and the complainant were clearly indicated as different people,
as the article reported first the spokesperson’s quote, and then introduced the
complainant by stating he “also” worked at the shop.
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 their private and family life, home,
physical and mental 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
10 (Clandestine devices and subterfuge)*
i) The
press must not seek to obtain or publish material acquired by using hidden
cameras or clandestine listening devices; or by intercepting private or mobile
telephone calls, messages or emails; or by the unauthorised removal of
documents or photographs; or by accessing digitally-held information without
consent.
ii)
Engaging in misrepresentation or subterfuge, including by agents or
intermediaries, can generally be justified only in the public interest and then
only when the material cannot be obtained by other means.
Clause
14 (Confidential sources)
Journalists
have a moral obligation to protect confidential sources of information.
Mediated
Outcome
11. The
complaint was not resolved through direct correspondence between the parties.
IPSO therefore began an investigation into the matter.
12.
During IPSO’s investigation the publication deleted the complainant’s name and
quote from the online article, offered to publish the following wording in its
print edition:
Prince
Harry’s book Spare
On
January 11, we published an article about sales of Prince Harry’s
autobiography, Spare. In the article, we quoted staff at book stores in the
local area.
We have
been asked by the manager of WH Smith in Newport to point out that he did not
wish for his name or comment to be published in the article. While we acted in
good faith, we are happy to clarify this and apologise for this
misunderstanding.
13. The
publication also offered to add the following wording as a footnote to the
online article:
Editor’s
note: The original version of this article included a comment from the manager
of the Newport WH Smith store. While we acted in good faith, the manager did
not want his name and comment published. We have removed it from the article
and apologise for this misunderstanding.
14. The
complainant said that this would resolve the matter to his satisfaction.
15. 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: 11/01/2023
Date complaint concluded by IPSO: 08/02/2023
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