Decision of the Complaints Committee – 09767-19 Evans v
mirror.co.uk
Summary of Complaint
1. Lucie Evans complained to the Independent Press Standards
Organisation that mirror.co.uk breached Clause 6 (Children) of the Editors’
Code of Practice in an article headlined “'Perfect' husband who hid secret
'monster' gambling addiction 'took his own life'”, published on 20 July 2019.
2. The article reported that a woman had “spoken of the pain
of losing her husband to the "monster" of gambling addictions”. The
article reported that another publication had reported that the woman had
shared a message urging those “suffering with similar demons” to seek help
after her husband, Jowan Evans, had taken his own life in March 2019. The
article featured excerpts from the message and reported that a fundraising
campaign had been set up. The article featured three images of Mr Evans, one
pictured him holding one of his sons with the caption “four months on from
Jowan Evans's death, his widow has spoken of her heart-break”. The second
pictured him with all three of his sons and his wife, with the caption “A
fundraising appeal has been launched to help support the couple's three young
sons”. The third image featured Mr Evans with another of his sons with the
caption “Lucie Evans said his friends and family were unaware of his addiction
until his death”.
3. The complainant, the wife of the deceased, said that
publication of the images represented a breach of Clause 6. She said that she
had given permission to another publication for the photographs to be used for
an earlier article in March, which had appealed for information on her
husband’s disappearance. The complainant also confirmed that she had contacted
the other publication on Facebook in July about publishing an article on her
husband’s death and his struggles with addiction and gave consent for the
photographs to be used. However, she said that this did not constitute consent
for their inclusion in the article under complaint. While she accepted that she
had shared a post of her family photos on her personal Facebook page, no one
from this publication had approached her to ask for permission to use the
photographs for the purposes of this article.
4. The publication denied that publishing the photographs of
Mr Evans with his children represented a breach of Clause 6. It said that the
complainant had given consent to another publication for it to use these
photographs in a previous article, in which she had appealed for help to find
her missing husband and although it could not produce this consent in writing,
the publication noted that the complainant had accepted this was the case. The
publication also said that the complainant had later approached that
publication on 19 July on Facebook about publishing an article on mental health
awareness, her partner’s addiction, and a fundraising campaign that had been
set up for his children. The publication highlighted that the journalist from
that publication had asked whether photographs could be used, to which the
complainant responded, “Of course you are welcome to use any photos”. This
article was then published online in the other publication under the headline
“Wife tells how she lost husband to a 'monster' after discovering his hidden
gambling addiction” on 20 July. The publication also said that the photographs
of the children were featured on the aforementioned online fundraising campaign
were therefore publicly accessible. It considered that given the clear
connection between the content of the article under complaint and that of the
previously published articles, as well as the publicly accessible nature of the
photographs, republishing these images did not represent a breach of Clause 6.
However, the publication removed the photographs as a gesture of goodwill in a
bid to resolve the matter.
5. The complainant said that the publication’s offer to
remove the photographs was not enough to resolve the matter. She reiterated her
position that the consent she had given to publish the photographs of the
children, was not provided specifically to mirror.co.uk, and therefore did not
constitute consent for them to be published in the article under complaint.
Relevant Code Provisions
6. Clause 6* (Children)
i) All pupils should be free to complete their time at
school without unnecessary intrusion.
iii) Children under 16 must not be interviewed or
photographed on issues involving their own or another child’s welfare unless a
custodial parent or similarly responsible adult consents.
*The Public Interest
There may be exceptions to the clauses marked * where they
can be demonstrated to be in the public interest.
3. The regulator will consider the extent to which material
is already in the public domain or will become so.
Findings of the Committee
7. The Committee wished to express its condolences to the
complainant for her loss.
8. Photographs of the complainant’s children had been
published to accompany the article which reported on Mr Evans’ cause of death
and his addiction, and which therefore concerned their welfare. The Committee
has previously ruled that Clause 6 of the Code applies in circumstances where
photographs of children are published to accompany articles which involve their
welfare and the question for the Committee was whether there was consent from a
custodial parent or similarly responsible adult for the photographs to be
published. The complainant had approached another publication a day before the
article under complaint was published about the prospect of publishing an
article about her fundraising activities following her husband’s death and his
struggles with addiction. She had made the photographs available to that
publication for the purpose of that article, which was subsequently published
without complaint from the complainant. The Code provides that IPSO, when
considering whether there has been a breach of Clause 6, will take into account
the extent to which material is in the public domain at the date of
publication. In this case, the photographs had previously been provided by the
complainant for publication and were placed in the public domain, with the
complainant’s consent. The Committee carefully considered all the circumstances
and, in particular, the consent for publication which had been given by the
complainant; and that the two articles, which were published the same day, were
not materially different in nature as both reported on Mr Evans’ death and his
addiction to gambling. In light of all
these considerations, the Committee concluded that the consent given by the
complainant applied to the re-publication of the photographs in the article
under complaint. There was therefore no breach of Clause 6.
Conclusions
9. The complaint was not upheld
Remedial Action Required
10. N/A
Date complaint received: 28/01/2020
Date complaint concluded by IPSO: 14/08/2020