Resolution Statement – 10282-22 Clayton v lancs.live
Summary of Complaint
1. Nichola Clayton complained to the Independent Press
Standards Organisation that lancs.live breached Clause 1 (Accuracy), Clause 2
(Privacy), Clause 9 (Reporting of Crime) and Clause 12 (Discrimination) of the
Editors’ Code of Practice in an article headlined “Woman set fire to ex's house
after breakup left her fragile”, published on 25 June 2022.
2. The article reported that the complainant had pleaded
guilty to arson after she was found to have “set fire to a house she had shared
with her ex after the couple broke up”. It reported that she was “in a
‘psychologically fragile state of mind’ when she returned to the property and
set “fire to flammable materials in three separate parts of [the house] before
fleeing the scene”. It stated that while smoke alarms activated immediately and
no individuals were physically harmed by the fire, parts of the property were
damaged by smoke. It stated that the complainant had “since started a new
relationship”, moved to a separate part of the country and published her
current street level address.
3. The complainant said that the article was inaccurate, in
breach of Clause 1, to report that the house she set fire to belonged to her
former partner. She also said that the article distorted events; her former
partner did not live at the property at the time of the fire.
4. The complainant also said that the publication of her
address intruded into her privacy, in breach of Clause 2, as she was a victim
of domestic abuse. Further, she said that the article’s references to her
mental health was in breach of Clause 12. She also said that the article breached
Clause 9, noting that she had not given her consent for the article’s
publication or been given the opportunity to provide comment.
5. The publication accepted that the headline was
inaccurate. Upon receipt of the complaint from IPSO, the publication amended
the headline to “Woman set fire to house after breakup left her fragile”, and
published the following correction which was added to the top of the article
under the headline:
“A previous headline for this article reported that the
house that was subject to the arson belonged to Nichola Clayton’s ex partner.
In fact, Nichola Clayton lived alone at the property at the time of the
offence, as her ex-partner had already moved out. We are happy to clarify
this.”
6. Notwithstanding this, the publication did not accept a
breach of the other Clauses of the Editors’ Code. The publication said that in
the absence of reporting restrictions, the press has a right to report from
court, and to include information heard during the course of proceedings. While
it did not accept a breach of Clause 2, upon receipt of the complaint, it
removed the complainant’s new address from the online article, in a gesture of
goodwill.
7. The complainant however did not consider that the actions
taken by the publication were sufficient.
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 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.
Clause 12 (Discrimination)
i) The press must avoid prejudicial or pejorative reference
to an individual's, race, colour, religion, sex, gender identity, sexual
orientation or to any physical or mental illness or disability.
ii) Details of an individual's race, colour, religion,
gender identity, sexual orientation, physical or mental illness or disability
must be avoided unless genuinely relevant to the story.
Mediated Outcome
8. The complaint was not resolved through direct
correspondence between the parties. IPSO therefore began an investigation into
the matter.
9. During IPSO’s investigation the complainant said that the
removal of the online article in full, including from the publication’s social
media pages, would resolve the matter to her satisfaction.
10. The publication removed the items in question as a gesture of goodwill to resolve the complaint.
11. 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: 26/06/22
Date complaint concluded by IPSO: 09/08/22