Decision of the Complaints Committee – 08032-21 Doherty v
Ardrossan & Saltcoats Herald
Summary of Complaint
1. Gary James Doherty complained to the Independent Press
Standards Organisation that the Ardrossan and Saltcoats Herald breached Clause
1 (Accuracy) of the Editors’ Code of Practice in an article headlined “Legal
battle win with car dealer - but Claire is still waiting for cash”, published
on 14 July 2021.
2. The article, which appeared on page 11 of the newspaper,
reported that a woman had “won a legal battle against a Saltcoats car dealer
after the motor she bought from him was plagued with problems”; the man had,
according to the article, subsequently claimed to be bankrupt. The car dealer
was named in the article as “Gary Doherty, who is connected to several
businesses in Saltcoats including […] GJD Garages” and it was reported he had
“claim[ed] he was bankrupt and out of money”. The article then reported that
“[t]here are no public records of Doherty’s bankruptcy, and the Herald called
GJD garages on July 13 and was able to book an MOT for this week.
3. The article also included quotes from the woman who had
won the court case, in which she said that after discovering that there were
issues with the car, she “phoned [Gary Doherty] immediately, he said take it to
GJD garage. […she] would ring them every week to see when it was going to get
fixed. He eventually fixed the brakes…”.
4. The complainant was the owner of GJD Garages, and had the
same first and last name as the individual who had sold the woman the car. He
said that the article was inaccurate in breach of Clause 1, as it misleadingly
conflated him with the other Gary Doherty, whose business he was entirely
unconnected to, and therefore inaccurately reported that he was bankrupt. He
considered that the statement in the article that “[t]here are no public
records of Doherty’s bankruptcy, and the Herald called GJD garages on July 13
and was able to book an MOT for this week” inaccurately implied that the car
dealer Gary Doherty was the owner of GJD Garages, rather than the complainant.
The complainant further noted that he often worked with the newspaper for
advertising purposes, and therefore it would have been aware of his contact
details to check the accuracy of the article prior to publication
5. Prior to contacting IPSO, the complainant contacted the
newspaper – on the same day the article was published – to make it aware of his
concerns.
6. The newspaper said that it did not accept a breach of the
Code. It said that it had been aware before publication that there were two
Gary Dohertys, one the car dealer and one the owner of the garage, but it
maintained that there was justification for linking to the complainant to the
garage. It noted that the article had only reported that the car dealer was
“connected” to the business, not that he was its owner or an employee, which it
did not consider to be inaccurate. Gary Doherty the car dealer had recommended
to the woman that she take her car to the complainant’s garage, and the two
Gary Dohertys were Facebook friends. The newspaper also said that it had not
reported that either the complainant or the car dealer was bankrupt, where the
article made clear that “[t]here are no public records of Doherty’s
bankruptcy”.
7. While the newspaper did not consider that the Code had been breached, it said it thought it was best to clear up any unnecessary confusion caused by the article. For this reason, after being contacted by the complainant, it published the following correction page 6 of the following edition of the newspaper, which was published on 21 July 2021:
Last week, we reported how a woman won a small claims court
against Gary Doherty over a car sale. We have been asked to point out that Mr
Gary James Doherty owner of GJD Auto Care, has no connection with the Gary
Doherty who sold her the vehicle. The garage owner asked us to point out that
the other Mr Doherty is not an employee, but an occasional customer. We are
happy to set the record straight.
8. The newspaper considered the above wording to be
sufficient to address any potential confusion arising for the article, saying
that where the situation was complex it considered it best to be succinct.
9. The newspaper provided emails from the woman who had been
sold the car, as well as recordings of phone calls and text messages with the
woman and the Gary Doherty who had sold her the car. In the text messages, the
woman – while speaking to the car dealer – referred to an individual named Gary
who worked at a garage. In the emails, the woman had named two addresses from
where she said the car dealer operated. She also said that the car dealer was
still trading, as he was responding to enquiries relating to his business –
though the business was not GJD Garages. The reporter had contacted what they
said was the only publicly available phone number for one of the addresses,
which connected to GJD Garages. This was when an MOT had been booked by the
reporter, and which – it said – confirmed to the reporter that GJD Garages was
connected to the car dealer. It said that it had also approached the court for
more information prior to publication, and that it had sought legal advice on
the story prior to publication.
10. After the complainant raised his concerns with the
newspaper, it had contacted the woman who bought the car from the car dealer,
who had confirmed that there was another Gary Doherty, who owned GJD Garages.
11. The complainant said that, regardless of whether the car
dealer took his cars to the complainant’s garage for repair and whether or not
they were Facebook friends, the article should not have conflated them. He also
said that the address which the woman said the car dealer operated from was no
longer the address for GJD Garages, which had moved to a new address six months
prior to the article’s publication and prior to the newspaper phoning it to
book an MOT. The complainant provided a newspaper advert, printed on the front
page of the Ardrossan & Saltcoats Herald at the time of the move, which
showed both that he was no longer located at the address flagged by the woman
and that the newspaper was aware of this fact.
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.
Findings of the Committee
12. The article clearly implied that the Gary Doherty who
sold the woman the car and had subsequently been ordered to pay her money by a
small claims court was the same Gary Doherty who owned the garage, the
complainant. The article stated that the car dealer was “connected to several
businesses […] including GJD Garages”; that after the car dealer told the woman
to take the car to the garage, “[h]e eventually fixed the brakes”, without any
suggestion that it was not the car dealer who had fixed the brakes at the garage;
and, in investigating the car dealer’s
claims of bankruptcy, the newspaper “called GJD garages on July 13 and was able
to book an MOT for this week”. The article was therefore misleading; GJD
Garages and the complainant was not involved in selling the car and the
complainant was not and had not claimed to be bankrupt. The newspaper was not
able to demonstrate that it had taken care over the accuracy of the article,
where the woman who was the source of the story had not claimed that the car
dealer owned the garage, text messages sent to the car dealer had explicitly
referenced another individual called Gary who owned a garage, and the address
she gave the newspaper as being associated with the car dealer had not been the
business address of the complainant for six months prior to the article’s
publication – a fact that was clear from advertisements within the newspaper
itself. In addition, the publication had
said that it was aware prior to publication that there were two individuals
called Gary Doherty. Where the newspaper had not taken care over the accuracy
of the article, there was a breach of 1 (i).
13. The inaccuracy arising from the newspaper’s failure to
take care was significant, where it had the potential to have serious and
adverse effects on both the complainant’s reputation and his business, by
associating his business with an individual who had been ordered to pay back
money after selling a woman a car “that was plagued with problems”. Where the
article was significantly misleading on this point, there was a requirement to
correct it, under the terms of Clause 1 (ii).
14. The Committee turned next to whether the action taken by
the newspaper was sufficient to avoid a further breach of Clause 1 (ii). For
corrective action to address the terms of Clause 1 (ii), the misleading
statement must be corrected promptly and with due prominence and – where
appropriate – include an apology.
15. The Committee was satisfied with the promptness and
prominence of the correction published by the newspaper, where it appeared
further forward in the newspaper than the original article – on page 6, as
opposed to page 11 – and had been published in the next edition of the
newspaper. However, the Committee did not consider that the published wording
corrected the original misleading statements, where it did not clearly identify
the way in which the article was misleading: namely, that the article had
misleadingly implied that the car dealer was the owner of and operated out of
the complainant’s garage.
16. In addition, the Committee considered that an apology
would have been appropriate in the circumstances where – as the article clearly
implied that the Gary Doherty who sold the woman the car and had subsequently
been ordered to pay her money by a small claims court was the same Gary Doherty
who owned the garage, the complainant – the original misleading statements had
the potential to have a damaging effect on the reputation of the complainant
and his business. For these reasons, there was a further breach of Clause 1
(ii).
Conclusions
17. The complaint was upheld.
Remedial Action Required
18. Having upheld a
breach of Clause 1, the Committee considered what remedial action should be
required. In circumstances where the Committee establishes a breach of the
Editors’ Code, it can require the publication of a correction and/or an
adjudication, the terms and placement of which is determined by IPSO.
19. The Committee considered that, where a breach of Clause
1 (ii) arose both from the wording of the correction itself, and the
publication’s failure to apologise to the complainant, a published adjudication
was necessary to remedy the breach of the Clause. The headline of the
adjudication must make clear that IPSO has upheld the complaint against the
Ardrossan and Saltcoats Herald and must refer to its subject matter; the
wording of the headline should also be agreed with IPSO in advance.
20. The Committee then considered the placement of the
adjudication. It noted that the article appeared in print only, on page 11 of
the newspaper; as such, the Committee found that the adjudication should appear
on this page of the newspaper or further forward. The terms of the adjudication
for publication are as follows
Gary James Doherty, the owner of GJD Garages, complained to
the Independent Press Standards Organisation that the Ardrossan and Saltcoats
Herald breached Clause 1 (Accuracy) of the Editors’ Code of Practice in an
article headlined “Legal battle win with car dealer - but Claire is still
waiting for cash”, published on 14 July 2021.
The complaint was upheld, and IPSO required the Ardrossan
and Saltcoats Herald to publish this adjudication to remedy the breach of the
Code.
The article reported that a woman had “won a legal battle
against a Saltcoats car dealer after the motor she bought from him was plagued
with problems”; the man had, according to the article, subsequently claimed to
be bankrupt. The car dealer was named in the article as “Gary Doherty, who is
connected to several businesses in Saltcoats including […] GJD Garages” and it
was reported he had “claim[ed] he was bankrupt and out of money”. The article
then reported that “[t]here are no public records of Doherty’s bankruptcy, and
the Herald called GJD garages on July 13 and was able to book an MOT for this
week.” The complainant said that the article was inaccurate, as it misleadingly
conflated him with another man who had the same name as him and implied he was
bankrupt.
IPSO found that the article clearly and misleadingly implied
that the Gary Doherty who sold the woman the car and had subsequently been
ordered to pay her money by a small claims court was the same Gary Doherty who
owned the garage, the complainant. In fact, the publication was aware before it
published the article that, the complainant was not involved in selling the car
and had not claimed to be bankrupt. The newspaper was not able to demonstrate
that it had taken care over the accuracy of the article, and the inaccuracy was
significant, where it had the potential to have serious and adverse effects on
both the complainant’s reputation and his business.
In addition, while the newspaper had published a correction,
IPSO did not consider that the published wording sufficiently corrected the
original misleading statements; it did not acknowledge that the article had
misleadingly implied that the car dealer was the owner of and operated out of
the complainant’s garage. In addition, the Committee considered that the
newspaper should have apologised given that the original misleading statements
had the potential to have a damaging effect on the reputation of the complainant
and his business. IPSO upheld the complaint.
Date complaint received: 21/07/2021
Date complaint concluded by IPSO: 21/12/2021
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