Decision
of the Complaints Committee – 09788-20 A Man v liverpoolecho.co.uk
Summary
of Complaint
1. A man
complained to the Independent Press Standards Organisation that the
liverpoolecho.co.uk breached Clause 1 (Accuracy) and Clause 4 (Intrusion into
shock and grief) of the Editors’ Code of Practice in an article headlined
“Tributes to hero of Hillsborough disaster who died after coronavirus battle”,
published on 14 April 2020.
2. The
article reported on the death of a named man who “was pictured sitting on the
Leppings Lane terrace with his head in his hands following the [Hillsborough]
disaster”. The article described the image as “poignant” and reported that it
had been shared online thousands of times. The article published tributes to
the named man after his death, and described his role in the Hillsborough
disaster. The article also included several quotes from the named man’s
daughter, such as that he “often denied the harrowing image of the survivor
sitting alone with his head in his hands on the afternoon of April 15, 1989,
was him” which his family said was because it brought back too many painful
memories. However, the article went on to report that “When he moved home and
found the jacket he was pictured wearing, [his daughter] said it opened up old
wounds”.
3. The
complainant said that the article was inaccurate in breach of Clause 1 because
it had named the wrong person as the subject of the photograph. The complainant
said that he was the person in the photograph, but that this had been
consistently misreported. The complainant supplied contemporary pictures of
himself, as well as a video taken on the day of the disaster which he said
showed him in the same tracksuit as the person in the photograph was wearing
under a coat. He also provided another photograph of the man, which was taken
at the same time and positioning as the published photograph but showed the
man’s face, rather than it being hidden in his hands. The complainant also
noted that the named man had previously denied that it was him in the
photograph.
4. The
complainant also said that the publication of the photograph without his
consent caused him distress and made him recall the painful memories of the
Hillsborough disaster in breach of Clause 4.
5. The
publication said it did not accept a breach of the Code. It said that the image
had been shared on Twitter by a close friend of the named man, was shared
thousands of times across multiple platforms, and that there was no evidence
that the identity of the person was disputed. It also said that it had taken
care to publish accurate information, and had spoken to the daughter of the
named man prior to the publication of the article, who said that the family
were absolutely confident that the person in the photograph was the man named
in the article. It pointed to the fact that the article even included a quote
about how the named man had found the jacket he had worn on the day. The
publication accepted that the photo provided by the complainant where the
person photographed was turned towards the camera was the same person as in the
published photograph, however it did not accept that this was conclusive
evidence that this was the complainant. It said that on this basis it would not
be appropriate to correct the article.
6. The
publication said that as it believed the photo correctly identified the named
man, the complainant did not have standing to complain under Clause 4, and
there was no breach.
Relevant
Code Provisions
7.
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.
8. 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
9. The
Committee acknowledged the very difficult emotions that the Hillsborough
disaster still generates for many people, and expressed their sincere
sympathies to the complainant, and all those who have been affected by it.
10. The
Committee stressed that its role was not to make findings of fact regarding the
definitive identity of the man; instead the Committee was asked to consider
whether the publication had taken care over the accuracy of the information it
had published, and whether any information was significantly inaccurate so as
to require correction under the terms of the Editors’ Code.
11. Firstly,
the Committee considered the care demonstrated by the publication, prior to
publication, in line with its obligations under Clause 1(i). The image had been
shared thousands of times on social media, from the original post of a close
friend of the named man who had said that he had died. There was no publicly
available dispute regarding the identity of the man it named. The newspaper had taken further steps by
going to the daughter of the named man for comment, who had confirmed she was
positive it was her father. As there was no public contestation of who was
featured in the image, and the publication had sought and received further confirmation
from the immediate family of the named man, the Committee found that the
publication had taken care not to publish misleading information on this basis,
and therefore there was no breach of Clause 1(i).
12. The
Committee then considered whether there was a significant inaccuracy that
required correction under Clause 1(ii). The Committee reiterated that it was
not in a position to determine who was in the photograph, but to consider the
evidence provided by both the complainant and the publication and to make a
decision as to whether the newspaper had complied with its obligations under
the Editors’ Code. The complainant had provided further images and a video from
day of the Hillsborough disaster, however, even with this evidence the Committee
was not able to conclusively decide which man was pictured in the photograph,
and was therefore unable to make a finding as to whether the article was
inaccurate in order to require a correction under Clause 1(ii).
13. The
Committee recognised the trauma of the Hillsborough disaster and the impact and
distress that the publication of the photograph had caused the complainant.
However, the test under Clause 4 relates to whether the publication of
information had been handled sensitively. The publication had published the
article in good faith on information that was in the public domain. Whilst this
was upsetting for the complainant, it was entitled to publish the photograph
and there was no breach of Clause 4.
Conclusions
14. The
complaint was not upheld.
Remedial
Action Required
15. N/A
Date
complaint received: 14/06/2020
Date complaint concluded by IPSO: 11/11/2020
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