Resolution
Statement – 10191-22 Mofeed v thejc.com
Summary
of Complaint
1. Omar
Mofeed complained to the Independent Press Standards Organisation that
thejc.com breach Clause 1 (Accuracy) and Clause 2 (Privacy) in an article
headlined “Labour conference motion on sanctioning Israel was the work of
former Hamas health minister’s son”, published on 13 October 2021.
2. The
article, which appeared online only, reported on an “anti-Israel resolution
that was passed at [the] Labour Party conference” and which was – according to
the article – “drafted by the son of a Hamas health minister”. The article went
on to report that the man had “[t]ak[en] credit for the controversial party
motion on Al Jazeera” and that his “father was the health minister for the
Hamas government in Gaza until his death in 2014”.
3. The
article went on to report that “[w]hen asked by the JC, [the man] initially
denied his father was a Hamas member, and then said: ‘My father died in 2014
when I was still young. He was a surgeon who did remarkable work, for which he
is widely recognised in Palestine, building health services for the people of
Gaza. I am deeply proud of the work that he did in caring for the health of
others and his legacy is extremely important to me.’”
4. The
article also referred to the man as being a “labour activist with a history of
anti-Israel posts” who “had been found to have posted messages on Facebook […]
supporting Hamas terrorists such as Muhammad Abu Shamala, who was killed in
Operation Protective Edge by the IDF in 2014”. The article included images of
the Facebook post which the publication claimed said this; the post was written
in Arabic.
5. The
complainant was the man who the article claimed had drafted the Labour Party
motion. Five days prior to the article’s publication, a journalist acting on
behalf of the publication sent him a text message, which said: “We’re planning
to write a story on comments that you have appear to have made [sic] and would
like to give you the opportunity to comment on them before publication. We’d
also like to give you the opportunity to comment on the fact that your father
was health minister in the Hamas government in Gaza until 2014.”
6. The
same journalist then sent an email to the complainant, four days prior to the
article’s publication. This email again asked for comments on the complainant’s
father’s role in the Hamas government, as well as comments which the
complainant was alleged to have made. This email was accompanied by screenshots
of the Facebook posts, including the alleged comments.
7. The
complainant responded to the email seeking comment the next day. He gave a
comment regarding the Facebook posts, and the following comment about his
father:
My
father, who passed away in 2014, was a senior surgeon, the founder and the
first dean of the Faculty of Medicine in the two universities in Gaza. He was
also the head of the Gaza Health Committee. He was never part of any political
party, including Hamas.
8. The
journalist followed up on this email on the same day; part of this follow-up
email said: “With regards to your father, I was wondering if I could get
comment from you on these articles where he is described as 'Hamas health
minister', "Palestinian Health Minister in Gaza' and 'Hamas Activist'”.
9. The
following day, the complainant sent a further email to the journalist:
Please
find below my new comment (to be added to the comment I sent yesterday)
My
father died in 2014 when I was still young. He was a surgeon who did remarkable
work, for which he is widely recognised in Palestine, building health services
for the people of Gaza. I am deeply proud of the work that he did in caring for
the health of others and his legacy is extremely important to me. I have
nothing more to add.
10. In
March 2022, and five months after the article’s publication, the complainant
sent a request to the publication, via email, that the article be removed
immediately, citing concerns over its accuracy, but did not receive a response.
He then made a further complaint to IPSO in June 2022.
11. The complainant said that the article
contained several inaccuracies in breach of Clause 1. He first said that he had
not drafted the “Labour conference motion on sanctioning Israel”, nor had he
“[t]ak[en] credit” for its drafting on Al Jazeera. He said that he had played
no role in the motion’s drafting or writing.
12. The
complainant further said that the article was inaccurate to report that his
father had been a member of Hamas; he said that his father had never been a
part of any political party, including Hamas. He also disputed that he had
“initially denied his father was a Hamas member”; he said that this denial had
been consistent across all his responses to the publication; he had not changed
this position or backtracked. He said that the manner in which the publication
had presented his quote about his father had twisted its meaning in a
misleading manner, and also omitted the details he had given the publication
about his father’s achievements.
13. The
complainant also said that he had not “posted messages on Facebook […]
supporting Hamas terrorists such as Muhammad Abu Shamala, who was killed in
Operation Protective Edge by the IDF in 2014”. He said that the posts included
in the article to support this point referred to his next-door neighbour, who
had died in 2011 – and the posts were from this same year, three years before
the death of Muhammad Abu Shamala. Therefore, he said, the posts clearly could
not have been referring to the man who had died in 2014.
14. The
complainant also said that the article breached Clause 2 (Privacy), as it
contained inaccurate information about him and his family, which had harmed his
personal life. He also expressed concern that the publication had obtained his
phone number, as the journalist who prepared the story had reached out to him
using this number.
15. The
publication said it did not accept that it was significantly inaccurate,
misleading, or distorted to report that the complainant had “[t]ak[en] credit
for the controversial party motion on Al Jazeera”, or that he was responsible
in part for its drafting; noting that when the complainant had appeared on Al
Jazeera he had not denied involvement in the drafting of the motion when this
position was put to him by the television reporter. It provided a recording of
the interview along with a brief transcript of what it considered to be the
relevant part of the interview. This transcript read as follows:
At the
beginning, the Al Jazeera interviewer asks: “Omar, I believe you were involved
in the drafting of this proposal?”
He
replies: “Group [sic] Young Labour was called for this proposal, then it was
supported by 12 trade unions, so the Palestine Solidarity Campaign has helped
write it and the Arab Labour Group has helped as well.”
16. The
publication then said that the claim that the complainant had drafted the
motion was entirely consistent with the fact that: the complainant was, at the
time of the interview, the general secretary of the Arab Labour Group and a
director of the Palestinian Solidarity Campaign (PSC), both of which he
credited in the interview as having helped draft the motion; he was interviewed
about the motion by Al Jazeera; and he had previously signed an open letter on
behalf of the PSC in 2020, calling for what the publication considered to be
“very similar things” to the motion. It further noted that the complainant had
not raised any concern about the accuracy of this claim until March 2022 – five
months after the article’s publication.
17.
Turning to the complainant’s concerns about the article’s description of his
father as a “health minister for the Hamas government in Gaza” and a “Hamas
member”, it supplied three articles from 2012, 2013, and 2014 which referred to
his father as either a “Hamas Health Minister” or “the Palestinian Minister of
Health”. It further said that there was an “abundance of unchallenged, credible
information in the public domain to suggest” that the complainant’s father had
been a Hamas member prior to his death, and that the complainant had not
countered this point in his comment to the publication when it was put to him.
It did not, therefore, accept that the article was inaccurate on this point.
18. The
publication also did not consider that its presentation of the complainant’s
comment regarding his father was misleading in breach of Clause 1. It noted
that the complainant had made two comments, the first of which denied that his
father was involved and the second of which did not. It then said that the
second comment had been sent in response to an email from the journalist citing
several sources which linked his father to Hamas. The publication didn’t
consider, therefore, that it was a breach of Clause 1 to report that “[w]hen
asked by the JC, Mr Mofeed initially denied his father was a Hamas member, and
then said: ‘My father died in 2014 when I was still young. He was a surgeon who
did remarkable work, for which he is widely recognised in Palestine, building
health services for the people of Gaza. I am deeply proud of the work that he
did in caring for the health of others and his legacy is extremely important to
me.’”
19.
Regarding the complainant’s position that he had not posted on Facebook
supporting a Hamas terrorist who had died in 2014 – and that the post in
question in fact referred to a neighbour who had died 3 years earlier – the
publication accepted that it had no convincing evidence to support the
article’s assertion on this point, and that insufficient care had been taken
with regards to its accuracy. It said that this was an error which required
correction, and proposed to remove the reference altogether and to add a
footnote explaining the error. It proposed the following wording for the
footnote:
The
original version of this article suggested Mr Mofeed expressed his support for
the martyrdom of Muhammad Abu Shamala on Facebook in 2014. We’ve been asked to
point out that those comments referred to a next-door neighbour who shared the
same name and died in 2011.
20. The
publication did not accept that Clause 2 had been breached; the subject matter
of the article related to the complainant’s public-facing work – including a
television interview he had done – as well as his father’s prominent
governmental role. The publication therefore considered that the article’s
subject matter did not relate to the complainant’s private or family life.
21. The
publication temporarily removed the article from its website once IPSO
contacted it with the complainant’s concerns, pending the conclusion of IPSO
investigation. However, it proposed the permanent removal of the article from
its website, should this resolve the complaint.
22. The
complainant said that the journalist had never asked him to comment on his
alleged role in the drafting of the motion, and had not said in his text or
emails that the article would mention it. He also said that he had not accepted
responsibility for the motion’s drafting during the interview with Al Jazeera.
While he had not denied it, this was not the same as accepting responsibility –
and he had in fact responded that it was the Palestine Solidarity Campaign and
the Arab Labour Group who had drafted it. He said that his response and praise
of the motion was in no way an affirmation of his personal involvement in the
motion’s drafting. He also said that the delay of a few months in telling the
publication that he denied drafting the motion was not a confirmation that he
had drafted it.
23.
While the complainant noted that past news coverage of his father had used his
father’s previous governmental roles to associate him with Hamas, his remarks
to the journalist were intended to clarify the matter: while his father did
hold these positions in the government, he had never affiliated himself to any
political party – including Hamas.
24. The
complainant said that his second comment about his father was meant to be added
to the first – not replace it – and that the first comment made clear that he
disputed that his father was a member of Hamas. He said that, as the comments
had instead been combined, this had led to his comments being presented in a
misleading manner.
25. The
complainant also said that the permanent removal of the article would not
resolve his complaint, given the large number of people who had already seen
it.
26. The
publication made a further offer to amend the article, by way of adding a note
beneath the headline saying the complainant disputed that he had drafted the
motion, should this resolve the complaint.
27. The
complainant did not agree to resolve his complaint on this basis. He said that
he wanted the article to be removed, but was informed by IPSO that this was not
a possible outcome of the complaints process, as IPSO cannot compel the removal
of online articles.
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.
Mediated
Outcome
28. The
complaint was not resolved through direct correspondence between the parties.
IPSO therefore began an investigation into the matter.
29. During
IPSO’s investigation the publication offered to permanently remove the article,
and to write a letter directly to the complainant confirming that it had
removed the article on his request.
30. The
complainant said that this would resolve the matter to his satisfaction.
31. 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: 20/06/2022
Date complaint concluded by IPSO: 03/10/2022
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