Decision of the Complaints Committee -- 08980-19 Tweddle
v chroniclelive.co.uk
Summary of Complaint
1. Craig and Kenneth Tweddle complained to the Independent
Press Standards Organisation that chroniclelive.co.uk breached Clause 1
(Accuracy), Clause 2 (Privacy), Clause 3 (Harassment) and Clause 9 (Reporting
of crime) of the Editors’ Code of Practice in an article headlined “Estranged
father and son in court on same day for separate drink drive offences”,
published on 15 November 2019.
2. The article reported that the complainants, referred to in
the article as an “estranged” father and son “who didn’t often speak”, had been
“called to court on the same day for separate drink drive offences”. The son,
Craig Tweddle, pleaded guilty to “driving with excess alcohol and driving
without insurance or a licence, while the father, Kenneth Tweddle, “pleaded
guilty to one count of driving with excess alcohol”. It reported that Kenneth
Tweddle was a “school caretaker”; that he was fined “£205 and banned…from
driving for 12 months”; and that he had given “a [breathalyser] reading of 43
microgrammes of alcohol in 100ml of breath”.
3. Craig Tweddle said that following his court case, a
journalist had attended his home and had asked him questions regarding his
relationship with his father. He provided a physical description of the man,
who he said had not identified himself by name, but had claimed to be a
journalist. The complainant said that although he had told the journalist he
did not wish to discuss the matter, the man had persisted in asking him questions
for several minutes and, after leaving the property, had sat in a black car
outside his home for another 30 minutes. The complainant said that he believed
the journalist was acting on behalf of the publication being complained of, and
that this exchange amounted to harassment in breach of Clause 3. The
complainant provided a message his partner had sent following publication of
the article, which referenced a visit by a journalist, in support of his
position.
4. The complainants also said that it was inaccurate for the
article to state that they were “estranged”. They said that they had a close
relationship and that no comment was made on their relationship during the
course of their separate proceedings. They also said it was inaccurate to refer
to the father as a “school caretaker” when he was a caretaker for the local
authority; to state that he had consumed “excess alcohol” when his reading was
just 43 microgrammes; and, to state that he was fined £205 when in fact he was
fined approximately £435 when adding in costs and a victim surcharge. The
father also said that it was misleading for the article to omit that the court
heard that he was unable to pass a breathalyser test due to his medication.
Finally, the complainants said that the article breached Clause 9 by
misreporting the court proceedings and breached Clause 2 by referencing Kenneth
Tweddle’s place of work.
5. The publication did not accept it had breached the Code.
It confirmed that no journalist acting on behalf of the publication made a
direct approach to the complainants. It said that the message provided by the
complainants only indicated that a journalist had attended the home but did not
state that they were from their publication. Further, the complainants had
confirmed that the alleged journalist was male, while the journalist who had
reported on the matter for the publication was female.
6. The publication also did not accept that it was
inaccurate for the article to state that the complainants were estranged. While
the publication accepted that this had not been heard during formal proceeding,
it said that the journalist had heard the solicitor for both defendants saying
that “they don't speak much” in a conversation with the clerk, usher and
prosecutor, which it said was sufficient to support its claim that they were
estranged. Regardless, the publication said that as a gesture of goodwill it
had removed reference to father and son being “estranged”, following a direct
approach by the complainants. During the referral period, as a gesture of
goodwill, the publication offered to add a footnote clarification to the online
article addressing the complainants’ relationship, should it resolve their
complaint. This offer was not accepted. Nevertheless, the publication proposed
a formal wording during IPSO’s investigation:
“A previous version of this article reported that the father
and son were estranged. We have been asked to clarify that they are, in fact,
not estranged. We are happy to clarify this”.
7. The publication
also stated that the court had heard that the husband was a “school caretaker”
and provided the reporter’s contemporaneous shorthand notes, which recorded
this. Further it said that it was not in dispute that the father had been fined
£205 for the offence. It did not accept that omitting further details regarding
the costs and victim surcharge he was also ordered to pay made the article
inaccurate or misleading.
Relevant Code Provisions
8. 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.
9. 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.
10. Clause 3 (Harassment)*
i) Journalists must not engage in intimidation, harassment
or persistent pursuit.
ii) They must not persist in questioning, telephoning,
pursuing or photographing individuals once asked to desist; nor remain on
property when asked to leave and must not follow them. If requested, they must
identify themselves and whom they represent.
iii) Editors must
ensure these principles are observed by those working for them and take care
not to use non-compliant material from other sources.
11. Clause 9 (Reporting of Crime)*
i) Relatives or friends of persons convicted or accused of
crime should not generally be identified without their consent, unless they are
genuinely relevant to the story.
ii) Particular regard should be paid to the potentially
vulnerable position of children under the age of 18 who witness, or are victims
of, crime. This should not restrict the right to report legal proceedings.
iii) Editors should generally avoid naming children under
the age of 18 after arrest for a criminal offence but before they appear in a
youth court unless they can show that the individual’s name is already in the
public domain, or that the individual (or, if they are under 16, a custodial
parent or similarly responsible adult) has given their consent. This does not
restrict the right to name juveniles who appear in a crown court, or whose
anonymity is lifted.
Findings of the Committee
12. While the journalist had overheard a conversation which
lead them to believe the complainants were estranged, no further steps were
taken to verify this information, nor was it presented as a claim within the
article. In these circumstances, the publication had failed to take care not to
publish inaccurate, misleading or distorted information in reporting that the
complainants were “estranged”. There was a breach of Clause 1(i).
13. The claim that the two men were “estranged” was
significant as the nature of the relationship between the two men was central
to the article. Therefore, a correction was required under the terms of Clause
1(ii). A footnote clarification was offered during the referral period, around
a month after publication. Despite a formal wording being proposed later, this
was due to the complainants declining the initial offer. Where the publication
showed a willingness to correct the article much earlier, the Committee
considered that this was sufficiently prompt. The proposed correction
identified the inaccuracy and put the correct position on record. Adding a
footnote in circumstances where the word “estranged” had already been removed
represented due prominence in this case. In these circumstances, the Committee
found that there was no breach of Clause 1(ii).
14. The Committee noted the parties’ accounts regarding the
conduct of an alleged journalist. It noted that the publication did not dispute
the complainants’ account. Rather it stated that the journalist could not have
been from their publication and that the complainant made reference to a male
journalist when their reporter was female. Therefore, the Committee noted that
the publication for which the alleged journalist worked was not clearly
established. It also noted the limited nature of the alleged questioning and
that there was no hint in the article of an approach having been made. In light
of all the circumstances, the Committee did not find that there was any
evidence to reasonably find that a journalist acting on behalf of this
publication had made direct contact with the complainants. The terms of Clause
3 were not engaged.
15. The Committee noted that the publication had provided a
contemporaneous shorthand note to evidence the claim that the court heard that
Kenneth Tweddle was a school caretaker. It was entitled to rely on what was
said in court as long as it accurately reported this. In any event, the
Committee did not consider there to be a significant difference between the
article’s claim that the husband was a “school caretaker” and the complainants’
position that he was a caretaker who worked for the council, in the context of
the article as a whole. The Committee also noted that it was not inaccurate to
refer to Kenneth Tweddle having driven “after consuming excess alcohol” in
circumstances where he “pleaded guilty to one count of driving with excess
alcohol”. It did not find the reference to him being fined £205 to be
inaccurate as it was not in dispute that this was the fine he received,
regardless of any further costs of surcharges ordered by the court. Finally,
the Committee did not consider that it was misleading to omit details of
Kenneth Tweddle’s medical conditions and the possible effect this may have had
on his breathalyser results, in circumstances where, regardless of any
mitigating factors, he pleaded guilty of drinking with excess alcohol. There
was no breach of Clause 1 on these points.
16. Finally, reporting that one of the complainants worked
in a school was a general detail relating to his employment that did not
constitute private information. There was no breach of Clause 2. Clause 9
generally relates to the unnecessary identification of the friends and family
of individuals who are accused or convicted of crime; and the identification of
those under 18 who are accused of, a witness to or a victim of crime. As the
complaint did not relate to this, Clause 9 was not engaged.
Conclusion
17. The complaint was upheld under Clause 1(i).
Remedial Action Required
18. Having upheld the complaint under Clause 1, the
Committee considered what remedial action should be required.
19. The correction was offered with sufficient promptness
and prominence to meet the terms of Clause 1(ii) and should now be published.
Date complaint received: 15/11/2019
Date complaint concluded by IPSO: 15/04/2020