Decision
of the Complaints Committee – 10204-22 Chowdhry v The Sun
Summary
of Complaint
1. Wilson
Chowdhry, acting on his own behalf and on behalf of his daughter Hannah
Chowdhry, complained to the Independent Press Standards Organisation that The
Sun breached Clause 1 (Accuracy), Clause 2 (Privacy), Clause 3 (Harassment),
and Clause 6 (Children) of the Editors’ Code of Practice in the preparation and
publication of an article headlined “CHARITY CHIEF RESIGNS OVER SEX SLAVE
AFFAIR”, published on 19 June 2022.
2. The
article reported that the complainant, a “Christian charity boss”, had
“resigned after having an affair with a volunteer he helped rescue from sex
slavery”. It went on to report that he “ha[d] admitted there were ‘moral
failures’ over his sexual relationship with […the] woman.”
3. The
article then went on to state that “[w]hen the affair ended in 2019, she told
police [the complainant] had raped her in Australia. Police there and in the UK
investigated but did not bring charges. [The woman] went to the Charity
Commission, which began a probe last year. [The complainant] then quit as
chairman of Essex-based British Pakistani Christian Ltd.” The article was also
accompanied by a photograph of the complainant.
4. The
article also appeared online, in substantially the same form, under the
headline “Christian charity boss quits after affair with volunteer he rescued
from sex slavery”. This version of the article also included the same
photograph of the complainant – this was captioned “Wilson Chowdhry quit amid a
probe from the Charity Commission”.
5. Prior
to the article’s publication, a journalist contacted the complainant, his wife,
and the charity, and put several questions to each party. The journalist first
contacted the charity on 23 May 2022, and all parties exchanged several emails
over the course of a week; the correspondence ceased after the charity asked
the journalist to say who they worked for and they declined to do so.
6. As
well as exchanging emails prior to the article’s publication, the journalist
also called and then exchanged text messages with a number which the
complainant said belonged to his daughter. The sequence of those calls and
texts was as follows: two calls occurred on 23 May 2022; the second call was
answered and a conversation took place between the complainant’s 18 year-old
daughter and a journalist. After this
call a text was subsequently sent to the journalist from the number at 5:47pm:
I’m a
teenager and don’t appreciate these calls.
7. A
further call was made after this text message was sent; the journalist then
texted the number with the following message:
Mr
Chowdhry please don’t pretend this is not your phone. Your daughter answered it
claiming at first it was a wrong number and then that you were not in. She
agreed to pass on a message.
Will you
please get in touch so I can discuss with you the way you ran the BPCA, the
circumstances around your departure but continued involvement and other
important matters.
My brief
chat with your daughter was polite and the BPCA website and annual accounts
clearly promotes her role in its work, including with the media.
I have
no interest in seeking any comment from her. But you and your wife can help
with my enquiries. You can see from the internet what I do.
I look
forward to talking to you.
8.
Another text was then sent from the number to the journalist:
As I’ve
said before I’m a teenager and will report you to [the local] Council in
regards of safeguarding. If you continue message me [sic] I will report you to
the police.
No
further calls were made, or text messages sent, after this text.
9. The
complainant said that the article included several inaccuracies in breach of
Clause 1 (Accuracy). He said that he had not helped a “sex slave” and had not
“rescued” her – as reported by the articles and online version of the headline.
He said that he first met her in November 2018, which was six months after she
had left Pakistan – the country where she had allegedly been held captive. He
further said that he had not had an “affair” with the woman; rather, they had
agreed to be friends unless his wife left him, at which point he would enter
into a romantic relationship with the woman. However, the woman had
“blackmailed” him into a relationship. He also disputed that she had been a
“sex slave”.
10. The
complainant also said that the article inaccurately reported on the timing and
circumstances of his resignation from the charity. He said that he had resigned
of his own volition “long before the woman had approached the Charity
Commission”; he resigned in May 2019, and the Charity Commission first
approached the charity in August of the same year. He also said that the print
version of the article was inaccurate in its reporting of when the Charity
Commission “probe” began; it had not begun “last year” – in 2021. Rather, it
had begun in 2019. He said that this inaccuracy was deliberate, and was done in
an attempt to make the article more current.
11. The
complainant further said that he had not been investigated for rape charges in
the UK; only Australian police investigated the matter. He said that the
article had also omitted criminal allegations he had made against the woman,
while focussing on allegations against him – which he said rendered the article
inaccurate.
12. The
complainant further said that the article breached Clause 2 (Privacy), as he
considered it contained private information about his personal and family life.
13. The
complainant also expressed concern that a journalist working on behalf of The
Sun had breached Clause 3 (Harassment). He said that, during a two-day event –
a Christian music festival – held in early June 2022, he had been approached by
a man who he believed to be the journalist; as the man resembled a photograph
which accompanied an article written by the journalist, though he did not
realise this until after the encounter when he had searched for him online. He
said the following interaction had occurred between himself and the man who he
believed to be the journalist:
The man:
I know you from somewhere, don’t I?
The
complainant: I don’t know.
The man:
Ah that’s right [unrelated name]
The
complainant: I don’t remember that but please put your detail down on this form
so that I can stay in touch.
14. The
complainant said that the same man had approached him the next day; he had
looked at the complainant and smiled then – when asked by the complainant where
they had met – had walked away, “lifting a [finger] and touching his forehead
on the side”. The complainant said that he found the interactions “bizarre and
scary”, and further said that the man had been seen, by a third party who the
complainant did not identify, following him and his daughter around the event.
The complainant also said that he believed the individual asked people to film
him at the event, though he said that he had not approached the people who he
believed were filming him or received any other confirmation of this.
15. The
complainant further said that the same journalist had breached Clause 3, as he
had not identified which publication he worked for when explicitly asked by the
charity via email on 30 May 2022.
16. The complainant further expressed concern
that the journalist had breached Clause 3 (Harassment) and Clause 6 (Children)
by phoning and texting a phone number which he said belonged to his daughter, and
not respecting the request that he desist contacting the number. He said that
his daughter was in her last year of school and completing her A-Level exams at
the time of the calls and texts, and they had caused her a great deal of stress
and intruded on her schoolwork.
17. The
publication did not accept that the Code had been breached. It first set out
the steps that the journalist had taken to ensure the accuracy of the article:
he had questioned the woman who made the allegations against the complainant at
length, and had put allegations made by the complainant to her; he had
requested specific evidence from the woman to support her claims; the
journalist had “[e]ngaged in a detailed right of reply process” with the
complainant, his wife, the charity, and the Charity Commission; and made
inquiries with several third-parties. The publication also provided a letter
from the woman who had made the allegations, prepared for the attention of
IPSO, setting out the “integrity, professionalism, [and] impartiality” of the
reporter.
18.
Turning to the specific breaches of Clause 1 alleged by the complainant, the
publication said that the language used in the article – that he had “helped
rescue” her from sex slavery – covered the charity’s role in the woman’s
recovery from sex slavery. It said that the charity had organised counselling
for the woman, appeared alongside her in media appearances and coordinated such
appearances on her behalf, and arranged and promoted petitions and fundraisers
for her cause. It said that the complainant was personally involved in these
activities as the founder, chairman, and “dominant force” behind the charity.
19. It
also said that the complainant and the charity itself had “publicly credited”
the charity with rescuing the woman. For example, the complainant had posted to
a Facebook group – using his personal Facebook account – an article about the
woman’s alleged experiences. In the post which accompanied the article, the
complainant had written: “British Pakistani Christian Association helped free
her from Pakistan”. A further email, sent from the charity’s admin account to a
magazine and signed “Wilson”, said:
Although
the British Pakistani Christian Association (BPCA) only became cognisant of
Lara’s plight later on this piece, we immediately mobilised to her help with
counselling, extra costs associated with her safe exit, housing when she
arrived back in Australia and on-going support and counselling. We were
committed to not only emancipating her from Pakistan but also from the
collateral damage (PTSD, mental trauma, potential homelessness) all concomitant
[sic] on leaving her abusive situation.
Therefore,
the publication did not accept that it could be inaccurate to report that the
complainant “helped rescue” the woman.
20. The
publication also did not accept that it was inaccurate to report that the
complainant had had a “sexual affair” with the woman. The complainant had
admitted to the journalist, during pre-publication correspondence, that: he had
become “romantically linked” to the woman after speaking to her on the phone;
had exchanged sexual text messages with the woman (copies of which were provided
to IPSO); had shared a hotel room with the woman on a trip abroad; and had
admitted to ‘moral failures’. It also said that the woman had told the
journalist that she and the complainant had a “romantic and sexual
relationship”. The publication also provided a recording of a phone call
between the complainant and the woman, in which he referenced the pair engaging
in a sex act together and in which the complainant and the woman both said “I
love you”.
21. The
newspaper also said that the woman’s allegations that she had been a “sex
slave” had been previously documented in other publications, and that the
complainant had provided a comment to another publication supporting her
account.
22.
Turning to the complainant’s concerns regarding the timeline of his resignation
and the Charity Commission’s probe, the publication noted that the Companies
House register for the charity showed the date of his resignation as June 2019
– rather than May 2019, as the complainant had alleged. It also noted that the
Charity Commission had confirmed in direct correspondence with the journalist
that its probe had begun in June 2019. Therefore, it did not accept that it was
inaccurate to report that the complainant “then” quit after the woman had
approached the Charity Commission (as reported by the print article) or that he
had quit “amid” the probe (as reported by the online version of the article).
23. The
publication accepted that the article was inaccurate to report that the probe
began “last year” – in 2021 – and that it had in fact begun in 2019. It amended
the online version of the article to make this clear once the inaccuracy was
brought to its attention via the IPSO process. However, it said that this
inaccuracy was “trivial and inconsequential” because it did not affect the
thrust of the article: that the complainant had resigned after a woman had
approached the Commission with allegations about his behaviour. It also noted
that, prior to publication, the complainant had told the journalist that his
”timeline for events [wa]s very well off the radar but I’ll let [the
journalist] realise for yourself at the right time”; he had not said precisely
what he disputed. It therefore considered it to be “deeply unfair” that the
complainant sought to complain on this point when he had declined the
opportunity to correct the inaccuracy prior to publication.
24.
Turning to the question of whether police in the UK had investigated rape
allegations against the complainant, the publication noted that – in direct
correspondence with the journalist – the complainant himself had said that a UK
police force had investigated rape charges against him: “It should be noted
that while newspapers and the Charity Commission and Australian and Essex
Police were investigating me for rape[…]” and “Fawkner Police in Australia and
Essex Police had already dropped her false rape charges”. It further noted that
the Charity Commission had told the reporter that “[t]he allegations of
criminality were referred to the police in Australia and the UK”. It also
provided emails sent from UK police officers to the woman, indicating that they
were liaising with their Australian counterparts on the matter; one of the
emails referred to an officer’s hope to have “the suspect interviewed in regard
to the allegations”.
25. The
publication did not accept that omitting the fact that the complainant had made
allegations against the woman rendered the article inaccurate; it said that the
focus of the article was on the Charity Commission’s probe and the
complainant’s resignation, neither of which were – by the complainant’s own
account – related to his own allegations against the woman. Notwithstanding
this, it said that the journalist had taken the allegations seriously, and had
put them to the woman as well as a source which the complainant had said would
corroborate his allegations. It said that both of them had refuted the
complainant’s depiction of events.
26.
Turning to the complainant’s Clause 2 concerns, the publication said that the
article did not include information which intruded into the complainant’s
private or family life: he was the trustee of a charity, which received grant
funds, and which had been the subject of a critical report from the Charity
Commission. He had been contacted via official email channels and a phone
number which the journalist knew he had previously used for charity business
and to contact the woman who he had had the affair with, and the questions
related to serious allegations against the complainant – which the journalist
had a duty to put to him for comment.
27. The
publication did not accept that the journalist had followed the complainant at
the two-day event in breach of Clause 3 because the journalist was not present
at the event. He had not physically followed the complainant on that or any
other occasion – nor had he caused anyone else to place the complainant under
surveillance. It also said that the picture which the complainant said showed
the journalist was of a different man entirely.
28. The
publication also did not accept that the journalist had declined to identify
who he worked for in breach of Clause 3. It said that, at the time (30 May
2022) when the journalist had been asked to identify which publication he was
acting on behalf of, he was acting in a freelance capacity and not on behalf of
any newspaper – he had only later approached The Sun with his story on 8 June
2022, after his research was completed. The publication provided the email from
the journalist offering the story to the publication to demonstrate this.
Regardless, the publication noted that the journalist had clearly identified
himself as a journalist in both emails and phone calls, and had also invited
the complainant and his daughter to look him up on the internet.
29. The
publication did not accept that the journalist’s phone call to the
complainant’s daughter breached the terms of Clause 3 or Clause 6. It said that
the journalist had good reason to believe the number belonged to the
complainant himself: it was the number used to communicate with the woman
during their affair, and to send her sexually explicit text messages, and the
complainant had previously supplied this telephone to media outlets and
politicians when conducting charity business. It also did not accept that the
message “I’m a teenager and don’t appreciate these calls” represented an honest
or genuine request to desist, and considered that it was sent either by the
complainant or at his instigation
30. The
publication said that the journalist had called the phone number at 5:16pm on
23 May 2022, and had not left a message. He had subsequently called the number
again five minutes later, and said he had the following conversation with a
woman who answered the phone:
Woman:
Hello
Journalist:
Is that Wilson’s phone?
Woman:
No
Journalist:
Hello
Woman:
Wrong number.
Journalist:
Is that [complainant’s wife]?
Woman:
No
Journalist:
So who is that?
Woman:
Erm, it’s Hannah
Journalist:
Oh right so you are the daughter?
Woman:
Yeah
Journalist:
Right is your dad there?
Woman:
Erm, no, he’s just left
Journalist:
Alright, is your mum there?
Woman:
Erm, no, not right now
Journalist:
Alright. Any [sic] you’re involved in the charity
Woman:
Yeah
Journalist:
Are you a trustee?
Woman:
Yeah
Journalist:
Alright so maybe we can talk about the Charity Commission report.
Woman:
Oh, erm, you’ll have to talk to [the complainant’s wife] about that
Journalist:
[Complainant’s wife] your mum?
Woman:
Yeah
Journalist:
Right, so when is she going be to back? [sic]
Woman:
Erm, what time is it…OK she’ll be back home soon so I can call you when she’s
back.
Journalist:
Alright. Has my number come up?
Woman:
Yes
Journalist:
Alright, so if you could give me a call when your mum gets in that would be
great.
Woman:
OK.
Journalist:
Thanks a lot. You haven’t asked who it is yet. It’s [journalist’s name].
Woman:
Oh. Ok
Journalist:
Thanks very much. Bye
Woman:
Bye
31. The
publication said that the content of the call clearly demonstrated that: the
journalist believed the phone belonged to the complainant; the journalist had
emphasised that he wished to discuss the Charity Commission’s probe; the
complainant’s daughter had said that she was a trustee of the charity; and the
journalist had given his name. After the phone call, and having received texts
asking him to desist from contacting the number, the journalist had then
verified – via Companies House – that the complainant’s daughter was 18 years
old at the time of the phone call, and therefore not a child.
32. The
publication then said that, taking this information into account, there was no
breach of Clause 6: the complainant’s daughter was 18 years old at the time of
the call, and not a child, and the call did not demonstrate unnecessary
intrusion into her school life; the complainant had appeared to have accepted
that his daughter’s involvement with the charity’s work did not intrude on her
school life, given that she promoted the charity on her social media accounts
and her role in the charity was promoted in the charity’s newsletter and
website. In any case, it said, the journalist was clearly seeking comment from
the complainant, not his daughter.
33. The
complainant reiterated that he had not had a “sexual affair” with the woman;
they had not engaged in vaginal sex and he was not physically attracted to her.
He further said that the sexual text messages provided by the publication
lacked important context.
34. The
complainant said that the emails and posts supporting the woman’s claims which
had been sent from accounts associated with the charity had been drafted by the
woman herself or her supporters. He provided texts to demonstrate this, in
which the woman said: “Also the latest blog post is a disaster. It has so many
mistakes and nobody writes your quotes better than I do. So may I please amend
it?”
35. He
said the woman had also written the quote attributed to him which described her
as a “sex slave”, which was published by a separate publication. He further
said that the petitions posted by the charity in her support were actually
created by the woman and her supporter, rather than by him. He said that he had
his own email address, which he would have used for emails that he deemed “very
personal” and that emails sent from a generic charity email address and signed
by him were not necessarily written by him. He further said that the Facebook
account under his name was accessible to a number of charity volunteers –
including the woman. He said, therefore, the publication could not say that the
Facebook posts from this account, despite being under his name, to support its
position, as the posts may not have been written by him. He also said that, at
the time of the posts, the charity believed the woman’s story – but that this
was no longer the case.
36. The
complainant further said that the articles which the publication had provided,
which it said supported the position that the woman had been a “sex slave”, did
not show this. He said, in fact, what was described in the articles just showed
normal living conditions and attitudes towards women in Pakistan.
37. With
regards to his resignation, the complainant said that he resigned of his own
volition, and that the woman had never made a formal complaint to trustees at
the charity – she had only complained to a charity donor. The complainant said
that he had resigned because the woman was “threatening to publicly shame” him,
and that charity trustees “understood that there was a moral failure in not
having curbed all of [the woman’s] attention from the beginning and were made
aware that [he] was in an undesired relationship under duress”. He said that,
regardless of whether the Charity Commission probe had begun in June 2019, he
had still resigned well before this: in May 2019. He further said that the
Charity Commission had only approached the charity in August 2019 with the
allegations, and provided IPSO with what he said was the first email, dated 23
August 2019, alerting the charity to the allegations. The email included the
following:
You may
be aware of allegations made against a former trustee of the charity, Wilson
Chowdhry. The Charity Commission has received a complaint and we are in the
process of considering the information provided. […] We did not proactively
contact the media in this case but we were asked to confirm whether we were
aware of the allegations, which we confirmed to be the case. The allegations
are extremely serious and concern inappropriate behaviour by Mr Chowdhry […]
38. The
complainant said that the Companies House register was inaccurate. He accepted
that it showed that he had resigned in June, but said this was an error due to
charity trustees being unsure how to remove his details from the register. He
reiterated that he resigned in May, and provided an email sent to the charity
from the Charity Commission, which said as follows:
I can
confirm that Wilson Chowdhry was removed as a trustee on the charity’s CCEW
account by another trustee on 24/06/2019, which was before the Commission case
was opened.
39.
Turning to the emails sent by the complainant in which he had said that UK
police had investigated rape charges against him by the woman, the complainant
said that this was an error – perhaps caused by speed-typing. He said that he
was only given one day to give comment, and therefore his response was made
under pressure. The complainant provided an email from a police officer,
confirming that he was never investigated for rape in the UK as the alleged
crime took place in Australia and therefore was not in the jurisdiction of
police in the UK.
40.
Regarding the phone call made to his daughter, the complainant said that she
had mistakenly said she was a trustee; this was not actually the case, and he
believed that she may have made the mistake as she was nervous. He also said
that the number called by the journalist did not appear on any website
belonging to the charity. He further noted that the journalist did not identify
himself as a journalist on the phone; rather, he had said that he wanted to
discuss the Charity Commission report, and so his daughter thought that he had
been calling from the regulator. The complainant further said that, regardless
of whether or not she participated in charity work, his daughter was a teenager
and in full-time education at the time of the call. The complainant also
disputed that the journalist had been polite or courteous on the phone, saying
that the call had caused his daughter great anxiety.
41. The
publication said that the complainant was still performing the role of trustee
in May 2019, and provided articles from the charity’s website which it said
demonstrated this: four referred to the complainant as the “Chairman of the
BPCA”, while two referred to him as the “president”. The publication also said
that the trustees’ report and financial statement stated that the complainant
resigned on 22 June 2019. It also provided a WhatsApp message from a charity
member, sent on 25 June 2019, which said:
In
meeting, Wilson has resigned will be on charities commission site in next few
days talk tomorrow?
42. The
publication said that this message, the articles and the trustee’s report and
financial statement all tallied with the timeline the woman had given the
reporter: on 24 May 2019 she had first informed two charity members of the
alleged misconduct; in late May or early June she had told one of the members
that she would be making a complaint to the Charity Commission; on 27 June 2019
a safeguarding body – acting on her behalf – submitted a complaint to the
Commission. The publication further noted that the Charity Commission had,
separately, told the reporter that the probe had begun in June 2019, even if
the case was not formally opened until after this date. The publication
provided a copy of the email between the reporter and the Charity Commission to
support its position on this latter point.
43. The
publication said, therefore, that care had been taken over the accuracy of the
article; the journalist was entitled to rely both on the resignation date
recorded on the Companies House register, and on the Commission’s response to
his email.
44. The
complainant said that the existence of an article written by him in May did not
contradict his position that he resigned in late May 2019 – he noted that May
has 31 days, and the latest post provided by the publication was from 28 May
2019. He also said that the charity member who had sent the WhatsApp message to
the woman -– provided by the publication to support its position that the
complainant had resigned in June – did not attend any charity trustee meetings,
and so would not have been present at his resignation.
45. The
publication then provided an article from 28 June 2019 which also referred to
the complainant as the chairman of the charity. Therefore, it said, the
complainant was still giving his title as chairman at this time and had not
since sought to have the article corrected.
46.
While the publication did not consider that the Code had been breached, towards
the end of IPSO’s investigation it offered to publish the following corrections
in print (in its regular Corrections and Clarifications column) and online (as
a footnote to the article):
In print
A 19
June article said that Wilson Chowdhry resigned as Chairman of the British
Pakistani Christian Association charity (BPCA) after having an affair with a
vulnerable female volunteer, and after the Charity Commission commenced its
investigation into the BPCA. Mr Chowdhry has asked us to state his position
that he resigned before the Commission investigation began. We are happy to do
so.
Online
This
article, now amended, originally stated that Wilson Chowdhry resigned as
Chairman of the British Pakistani Christian Association charity (BPCA) after
having an affair with a vulnerable female volunteer, and amid an investigation
by the Charity Commission into the BPCA. Mr Chowdhry has asked us to state his
position that he resigned before the Commission investigation began. We are
happy to do so.
47. The
complainant did not accept this as a resolution to his complaint.
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.
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.
Clause 6
(Children)*
i) All
pupils should be free to complete their time at school without unnecessary
intrusion.
ii) They
must not be approached or photographed at school without permission of the
school authorities.
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.
iv)
Children under 16 must not be paid for material involving their welfare, nor
parents or guardians for material about their children or wards, unless it is
clearly in the child's interest.
v)
Editors must not use the fame, notoriety or position of a parent or guardian as
sole justification for publishing details of a child's private life.
Findings
of the Committee
48. The
Committee first made clear that it was not in a position to make a finding on
whether the woman had been a “sex slave” as the article reported. The
complainant disputed this claim but, by his own account, he had not known the
woman at the time when she had allegedly been held as a “sex slave” and had no
first-hand knowledge of this time. Without the input of one of the directly
affected first-parties, the Committee was not in a position to make a finding
on this point of complaint.
49. The
complainant had also disputed that he had “rescued” the woman as he had met her
after she had left in Pakistan. Neither
party disputed that the complainant had not met the woman until after she had
left Pakistan; however, the publication had argued that “helped to rescue”
covered the charity’s – and, by extension, the complainant’s – ongoing role in
the woman’s recovery from alleged sex slavery; for instance, organising
counselling, promoting fundraising and petitions, appearing alongside her in
media appearances, and liaising with media organisations on her behalf. It had
further noted that the charity had, itself, said that it had assisted the woman
in escaping from Pakistan; an email sent from the charity’s admin account said
that the charity had “help[ed her] with counselling, extra costs associated
with her safe exit, housing when she arrived back in Australia and on-going
support and counselling”. The same email went on to state that “[w]e were
committed to not only emancipating her from Pakistan[…]”
50. The
Committee understood that the complainant had argued that the woman herself may
have drafted the above email from the charity’s admin account. However, while
he had later come to disbelieve the woman’s account, it was not in dispute that
he had at first believed her account and had offered her support and
assistance. The charity had publicly stated that it had assisted in the woman’s
rescue, and – at this time – the complainant was the chairman of the charity,
and had accompanied her to media appearances; for instance, a social media post
from the complainant referred to the charity having “helped free her from
Pakistan”. On this basis, the Committee did not consider that there had been a
failure to take care in reporting that the complainant had “helped rescue” the
woman; publicly available material disseminated by the charity itself was the
source of this claim. The Committee did not consider that describing the
complainant’s involvement in this manner was significantly inaccurate,
misleading, or distorted. There was, therefore, no breach of Clause 1 on this
point.
51. The
Committee had sight of messages between the complainant and the woman in which
he referenced engaging in sex acts with the woman. In such circumstances, it
was not inaccurate for the article to report that he had had a “sexual affair”
with the woman. There was no breach of Clause 1 on this point.
52. The
Committee then examined the concerns about when the Charity Commission’s
investigation had begun. It was common ground that the article was inaccurate
in claiming that the Charity Commission’s investigation had begun “last year” –
in 2021 – when it had in fact begun in 2019.
53.
However, the Committee did not consider that the inaccuracy was significant in
the context of the article as a whole, where it was not in dispute that the
Charity Commission had investigated the matter and had published a report into
the matter in May 2022 – which the article accurately reported. While the
complainant had expressed concerns that the inaccuracy had served to make the
story appear “more current” than it actually was, the Committee noted that the
Charity Commission’s report had been published a month prior to the article’s
publication; it was a recent matter, accurately reported as such. There was
therefore no breach of Clause 1 on this point.
54.
Turning to the timing of the complainant’s resignation, the complainant had
said that this had occurred in May 2019 and well before the charity was aware
of any Charity Commission action in August 2019, whereas the article reported
after the probe began, he had “then” quit (while the online version reported
that he had quit “amid” the probe). However, publicly available Companies House
documents gave the complainant’s resignation date as June 2019, and the
Commission had told the reporter that this was the month during which the
“probe” had begun. There was no failure to take care in reporting that the
complainant “then quit” after the probe began, or to report that he quit “amid”
the probe: this timeline was supported by publicly available documents, the
Commission’s comment, and the complainant had not disputed it directly when the
timeline was put to him. In any case, the Committee did not consider that the
limited possible discrepancy in the timeline to be significant in the context
of the article where the complainant had said that his resignation had been
prompted by the woman’s allegations: the reason for the investigation.
Therefore, it did not consider this inaccuracy to represent a significant
inaccuracy in need of correction under the terms of Clause 1 (ii). There was
therefore no breach of Clause 1 on this point, though the Committee welcomed
the publication’s amendment of the online version of the article and its offer
to publish the complainant’s position in print and online
55. The
complainant had said that the article had breached Clause 1 because he had not
been investigated for rape charges in the UK. However, in circumstances where
the complainant had said in pre-publication correspondence with the journalist
that UK police had investigated the allegations, there was no failure to take
care over this claim – the source of it was the complainant himself, who was in
the best position to know who had investigated the matter. It was also not in
dispute that the matter had been referred to UK police by the Charity
Commission, and the article did not report that the complainant had been
charged with any crime. Therefore, any potential inaccuracy was not so
significant as to require correction under the terms of Clause 1 (ii). There
was no breach of Clause 1 on this point.
56. The
complainant had also said that the article breached Clause 1 as it omitted to
reference allegations that he had made against the woman. Newspapers have the
discretion over selecting material for publication, provided the Code is not
otherwise breached. Therefore, the question for the Committee was whether the
omission of this information rendered the article significantly inaccurate,
distorted, or misleading. In the context of an article focussing on the Charity
Commission report and allegations against the complainant, the Committee did
not consider that omitting the complainant’s own separate allegations against
the woman constituted a breach of Clause 1.
57. In
reaching a decision on whether the article intruded into the complainant’s
private and family life in breach of Clause 2, the Committee noted that it
reported on serious allegations about his conduct while chairman of a charity.
While the nature of the alleged misconduct touched on his personal life, reporting
it did not represent an intrusion into his private and family life; the
allegations against the complainant were that he exploited his position in
civil society, and reporting on these allegations did not breach Clause 2.
58. The
complainant had said that a man he believed to be a journalist working on
behalf of the publication had breached Clause 3 by: speaking to him briefly;
approaching him a second time to look at him; smiling at him while walking
away; and asking people to film him. He also said that the man had been seen
following him. The publication disputed that any journalist working on its
behalf had been at the event where this pattern of behaviour had taken place.
The Committee noted that it was not in a position to resolve this discrepancy
but that – at any rate – the behaviour described by the complainant did not
breach the terms of Clause 3. It is not against the terms of the Clause for
journalists to attend the same events as the subjects of articles, to approach
them, to speak to them, or to record them where no request to desist had been
made. In such circumstances, there was no breach of Clause 3 on this point.
59. The
complainant had said that the journalist had also breached the terms of Clause
3 by refusing to identify which publication he worked for on 30 May 2022. The
Committee was satisfied that, at this time, the journalist was not working on
behalf of The Sun. There was, therefore, no breach of Clause 3 in the
journalist not saying that he was working on their behalf, where – on this date
– it was not the case that he was. The Committee further noted that, while the
journalist had not been able to specify which publication he was working on
behalf of, he had made clear that he was a journalist and that he was seeking comment
in relation to a story he was preparing, from the date of his first contact
with the complainant on 23 May 2022.
60. The
Committee next addressed the question of whether the journalist’s interaction
with the complainant’s daughter had breached the terms of Clause 3. The
Committee noted that the complainant’s daughter appeared to have texted the
journalist saying: “I’m a teenager and don’t appreciate these calls”. The
journalist had called once more and sent a text after receiving this message. The
Committee therefore had to consider whether the journalist had ignored a
request to desist from contacting the complainant’s daughter.
61. The
Committee noted from the text message sent to the daughter that it was clear
that the journalist was seeking comment from the complainant, rather than his
daughter, and had inadvertently contacted a number which the complainant said
belonged to her – which was the same
number which the complainant had used to communicate with the woman who he’d
allegedly had an affair with. The Committee further noted that, during the call
itself – the transcript of which was not disputed by the complainant – the daughter
had not indicated that she did not wish to be contacted, and had agreed to call
the journalist back. In addition, the journalist did not request a comment from
the daughter, and – after one phone call and the text message aimed at the
complainant – he had refrained from calling the number further, and had
continued his enquiries via email. On balance, therefore, the Committee did not
consider that there was a breach of Clause 3 arising from the phone call.
62. Turning to the question of whether the
inadvertent contact with the daughter had breached Clause 6 by intruding into
the daughter’s time at school, the Committee first noted that the terms of
Clause 6 (i) were still engaged despite her being 18 years old, where she was
still – at the time of the alleged breach – in full-time secondary-level
education. The Committee then noted that the journalist had not sought to
contact the daughter, and had been unaware that the phone was in her possession
at the time that the call was made. It further noted that she held roles within
the charity, having been given access to a phone which had previously been used
for charity business – and which had the same number as the phone which the
complainant had used to communicate with the woman who had alleged that she had
an affair with him – as well as playing a public role in the charity; promoting
it on her social media account, and making appearances on the charity’s website
on social media channels. In such circumstances, an approach by the journalist
about a matter concerning the charity – which resulted in her answering phone
calls – would not represent an intrusion into her schooling. Finally, the
Committee noted that the contact related to the charity only; she was not
contacted in relation to any details about her private life, or in any capacity
relating to her schooling. Taking these factors into account, the Committee did
not consider that there had been a breach of Clause 6.
Conclusion(s)
63. The
complaint was not upheld.
Remedial
Action Required
64. N/A
Date
complaint received: 18/06/2022
Date
complaint concluded by IPSO: 25/01/2023
Independent
Complaints Reviewer
The complainant complained to the Independent Complaints Reviewer about the process followed by IPSO in handling this complaint. The Independent Complaints Reviewer decided that the process was not flawed and did not uphold the request for review.
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