Decision
of the Complaints Committee – 10300-21 Brant v kentlive.news
Summary
of Complaint
1.
David Brant complained to the Independent Press Standards Organisation that
kentlive.news breached Clause 1 (Accuracy) of the Editors’ Code of Practice in
an article headlined “Henry VIII at Hever: Popular Sevenoaks pub forced to shut
over chronic shortage of hospitality staff”, published on 16th September 2021.
2.
The article reported that a “popular” pub had “been forced to shut ‘until
further notice’ because of a chronic shortage of hospitality staff It said the
pub informed customers in an answerphone message that “it will contact all
those who have made bookings”. It included an image that was captioned, “The
Henry the Eighth in Hever, that has had to close due to lack of staff”.
3.
The complainant, who was the owner of the pub, said that the article was
inaccurate in breach of Clause 1 because at the time the article was published,
the pub was no longer closed. He said the pub had been closed due to “severe
staff shortages and sickness” from Thursday 9th to Sunday 12th September and reopened
on Wednesday 15th September, as the pub did not currently operate on Mondays
and Tuesdays. The complainant said he disputed the article’s claim that the pub
was closed “until further notice” as he said this was not a phrase used in the
pub’s messaging regarding the closure. He also said the phrase “until further
notice” implied that an update was expected shortly and that it was misleading
to include this without making clear in the article the time and date the
newspaper had contacted the pub and heard the message regarding the closure.
The complainant provided an image of the sign that was put on the door of the
pub that said:
“Pub
Closure
Due
to severe staff sickness & shortages the pub is currently closed.
We
have made every effort to contact all impacted guests, defaulting to recorded
messages where necessary.
We
sincerely apologise for any inconvenience caused.”
He
said this sign was removed on Monday 13th September. The complainant could not
be completely sure of the wording that was used in the answerphone message
informing customers of the pub’s temporary closure but said that it had
definitely been re-recorded on 13th September to reflect normal operating
hours.
4.
The complainant said he had contacted the editor on the day the article was
published to alert him to the inaccuracy, but after initially acknowledging the
complaint, the editor had not contacted him further.
5.
The publication did not accept a breach of the Code. It said the reporter had
seen the notice on the door of the pub following an attempt to visit the
premises for lunch on Sunday 12th September, and had then phoned the pub on the
13th September and left a message introducing herself and asking to discuss the
closure further. The publication stated the journalist had called again on 14th
September and had heard the answerphone message that had said the pub would be
closed “until further notice”. The reporter believed that there had also been a
similar message on the pub’s website. In addition, the publication said the use
of the phrase “until further notice” where it indicated “that a situation will
not change until another announcement is made” was appropriate, given that the
note on the door and the answerphone message had not indicated a date for
reopening. The publication acknowledged that the pub had reopened at the time
the article was published and on 13 October, following the complaint to IPSO,
offered to remove the article if it would resolve the complaint.
6. The complainant said that there had not been anything on the pub’s website regarding the closure but that the online booking system had only been blocked out between 9th and 12th September.
7.
The complainant said, whilst he wanted the article to be removed, it would not
resolve 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.
Findings
of the Committee
8.
Clause 1 (i) of the Editors’ Code stipulates that the press must take care not
publish inaccurate or misleading information. The newspaper had contacted the
pub on two occasions on consecutive days in order to discuss the closure in
more detail but had been unable to reach someone able to provide further
information. The Committee noted that both parties provided a different account
with regard to the pub’s voicemail and when it was updated. The complainant
stated that it was changed to reflect normal operating hours on Monday 13th
September; however, the publication asserted that on that date it was still
advising of a closure, making the point that the reporter would otherwise not
have known about this message. Whilst the Committee was not in a position to
confirm which version of events was correct, it could make a decision on the
level of care taken by the publication to avoid publishing inaccurate or
misleading information. The journalist had seen the sign on the door, which had
not indicated when the pub would reopen, and, therefore, the Committee
considered that “until further notice” was an accurate reflection of the
messaging regarding the pub’s closure. After seeing this sign, the reporter had
called, unsuccessfully, on consecutive days to try and find out more
information, the final contact being made two days prior to publication. In
these circumstances, the Committee found that sufficient care had been taken
not to publish inaccurate information and there was no breach of Clause 1 (i)
of the Code.
9.
The Committee then considered the complaint under Clause 1 (ii) which states
that a significant inaccuracy or misleading statement must be corrected
promptly and with due prominence. The publication had acknowledged that it was
“unfortunate” that at the time of “official publication”, the pub was in fact
open to customers again. While the Committee acknowledged that the publication
had made appropriate efforts to establish the opening date prior to
publication, in the intervening period the situation had changed, and the pub
was operational at the time of publication. The information contained in the
article – which reported that the pub was currently closed and would be until
further notice – was, therefore, outdated and consequently inaccurate.
10.
The Committee noted that the complainant had contacted the publication directly
on the day of publication alerting it to the inaccuracy but had not received a
substantive response; the article had not been updated or corrected. The
operational status of a business was a point of significance, especially where
this claim was made in the headline. The article was significantly inaccurate
as of the time it was published and, as such, required correction. Although the
publication had, following the complaint to IPSO, offered to remove the article
from in website in order to resolve the complaint, it had not offered to
correct or update it either in response to the initial contact from the
complainant, or following the complaint to IPSO. There was, therefore, a breach
of Clause 1 (ii).
Conclusion(s)
11.
The complaint was upheld.
Remedial
Action Required
12.
Having upheld a breach of Clause 1, the Committee considered what remedial
action should be required. In circumstances where the Committee establishes a breach
of the Editors’ Code, it can require the publication of a correction and/or an
adjudication, the terms and placement of which is determined by IPSO.
13.
The Committee considered that stating a pub was closed to business when it was
in fact operational was a significant inaccuracy and that the appropriate
remedy was the publication of a correction to put the correct position on
record. A correction was considered to be sufficient given that sufficient care
had been taken by the publication, and because the pub had, at one point, been
closed due to staff shortages.
Date
complaint received: 28/09/2021
Date complaint concluded by IPSO: 10/02/2022
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