Decision
of the Complaints Committee –10744-22 Gannon v
Basildon Echo
Summary of Complaint
1. Keith Gannon complained to the Independent Press Standards
Organisation that Basildon Echo breached
Clause 1 (Accuracy), Clause 2 (Privacy) and Clause 3 (Harassment) of the
Editors’ Code of Practice in the publication and preparation of an article
headlined “Plan to evict man living in iconic venue”, published on 28 July 2022.
2.
The article reported on a man – the complainant
– who was living above a closed-down pub. It stated that he was “living
in the former [pub name] without the legal right to do so, as owners look for
legal permission to send bailiffs in to evict him” and that “[b]osses at Star
Pubs and Bars, which owns the former pub […], have insisted they are committed
to seeing the site re-open as a pub, however the man must be evicted and an
operator found first”. It further quoted the leader of a local political party,
who said: “I am not shocked or surprised to hear there is someone living in
there [the pub] without the legal right to do so. We’ve got to get it open and
there’s a danger this person is causing more delays to opening it back up.”
3.
It further quoted another local
councillor, who said: “Nobody wants to see anyone occupying a building
when they do not have the legal right to.” The article then quoted a spokesman
for Star Pubs and Bars who said: “We have been advised by our legal counsel
that the current occupier of the second floor of the premises has no legal
right to inhabit the property and we are asking the court to confirm this and
instruct bailiffs to remove him.” The article included two images of the
interior of the pub depicting patrons around the bar area.
4.
The article also appeared online in
substantially the same format under the headline “[Pub name] in Southend
sees plan to evict man living in iconic venue”. The article also appeared with an alternative online headline, “Man
living illegally in boarded up pub as owners prepare to send in bailiffs”. The
publication could not confirm exactly where this had appeared, however it was
not in dispute that this had appeared as an online headline.
5.
The complainant said that the article was inaccurate in breach of Clause 1, as
it claimed that he was “living in the [pub] without the legal right to do so”
and that the “owners [were] look[ing] for legal permission to send bailiffs in
to evict him”. The alternative online headline further stated, “[m]an living
illegally in boarded up pub as owners prepare to send in bailiffs”. The
complainant said that these claims were inaccurate as he lived in a dedicated
self-contained residence on the third floor of the building – and paid rent to
reside there – and had been invited by the leaseholder and the freeholder to
take over the entire property.
6.
The complainant said the pub company had no legal rights to the property, and
that – prior to publication – he had informed the newspaper that the company
had made no effort to evict the leaseholder, who was the only entity that could
pursue any action against him. He said the pub company had never filed anything
against him with the court and would require a court order against him to first
be obtained and then not complied with or appealed prior to bailiffs attending
the property. The complainant also said that the publication had made no
immediate attempt to contact him prior to the publication of the article
despite having his contact details.
7.
He further said the publication had not obtained a copy of an eviction
order, court order, or any evidence of court proceedings – because there were
none. He said the pub company had made no effort whatsoever to evict the
registered leaseholder. He said there was no evidence of any communication from
the court or bailiffs, nor an explanation of what legal basis there was for the
legal "advice" that was supposedly given and referred to in the
article.
8.
The complainant also supplied emails he had sent to the journalist on 10
February 2022, prior to the article being published, regarding another potential
article. In the email, the complainant had said: “The lease also states [named
individual] is not allowed to sublet, but [pub company] knew he was subletting
the property to two different radio stations and a political party as well as
the self-contained flat to me”. However, the complainant accepted that he had
been subletting the property from an individual who did not have the right to
sublet the property to him. He also said that the leaseholder breaching its
lease with the freeholder did not mean he did not have the right to reside in
the property.
9.
He further said the article was inaccurate because it said that “[b]osses at
Star Pubs and Bars which owns the former pub […] have insisted they are
committed to seeing the site re-open as a pub, however the man must be evicted
and an operator found first." The complainant said that he was an operator
that they had found and invited into the property.
10.
He also said the claim that "the pub shut down last April due to financial
issues and has been boarded up since" was inaccurate, as the pub shut down
in December 2020 and never re-opened its doors.
11.
The complainant further added that the original headline "Man living
illegally in boarded up pub as owners prepare to send in bailiffs" had
been changed to "[Pub name] in [town] sees plan to evict man living in
iconic venue" without any correction or retractions being published. The
complainant had requested an apology but had not received one.
12.
The complainant also complained under Clause 2 of the Editors’ Code that the
article was intrusive. He said he had been previously identified by the
newspaper in connection to the property and that, since publication of the
article under complaint, he had been targeted and harassed in public, by text
message, online, and in the comments of the article. The complainant said there
was no public interest in a privately owned property, and it was not on any
public protected register or the council’s list of historic buildings and had
never been granted the status of “asset of community value” – therefore, there
was no public interest in the disclosure of his private information.
13.
The complainant also said that Clause 3 had been breached. He said he had made
a request that the publication desist from contacting him after the article was
published, however he received further phone calls from the publication after
making this request.
14.
The complainant recalled that, on the day of the article’s publication, he had
had a 24-minute conversation with the journalist concerning the article. On the
same day he then had a 25-minute call with the editor of the newspaper. He said
on this call the editor had admitted mistakes had been made, and the
complainant requested the publication delete the article, and stated that he
did not want any more contact with the editor or the publication. He said that
on the same day he then received two more calls from the journalist for 3
minutes and 33 minutes respectively. He then received another call less than a
week later from the journalist. He said the content of these phone calls
comprised the journalist asking him questions about his rent and whether he
would comment for another piece which would tell his side of the story.
15.
He further said the article had breached Clause 3 as he considered it to
be a “hit piece”. He said approaching two politicians to comment on false
rumours and then publish their comments was unjustified and a targeted attack
on him.
16.
The publication did not accept that there had been a breach of the Editors’
Code. It said it had been informed by a “well-placed source” that someone was
living inside the pub after the tenants had left and the pub had closed. It
contacted the brewery, which had said that the person living in the pub had no
legal right to reside there and referred to the legal advice it had received.
The publication said it was reasonable to rely on the brewery as the owner of
the building and its legal counsel in the circumstances. It provided a
screenshot of the email from a spokesperson at the pub company sent prior to
the article’s publication, which said:
We have been advised by our legal counsel that the
current occupier of the second floor of the premises has no legal right to
inhabit the property and we are asking the court to confirm this and instruct
bailiffs to remove him. Our long-term plans are to reopen the pub once we have
recruited the right operator. We are currently exploring options for the
reopening of the site.
17.
The publication said that after the article was published, court proceedings
were under way. It also supplied a screenshot of an email received from another
spokesperson on behalf of the pub company which was “off the record”, sent
three months after the article’s publication, which confirmed that “there
is currently no lease agreement in place at [the pub]” and that the “previous
lease agreement did not allow for the property to be sub-let.” The publication
said that this meant that there was no longer any lease or tenancy agreement
with the complainant and the previous leaseholder.
18.
The publication also supplied an email, sent to the complainant one week prior
to the article’s publication, from someone who appeared to work for the pub
company. The email said: “I understand you are staying as a guest at the [pub]”
and explained that the complainant’s grievances would need to be taken up with
the lease holder. The publication argued that the email demonstrated that, at
the time of publication, the complainant was only a guest rather than a
tenant; therefore, he did not at the time of the article’s publication, have the
right to reside at the property.
19.
In support of its position that the article was accurate, the publication
further provided to IPSO a court order, issued less than two weeks after the
article’s publication, which listed the complainant as the defendant and Track
Public Houses as the claimant. It said that the order made clear that a trial
date was listed in relation to the ongoing occupation of the pub. It
highlighted the court document cited orders from the district judge in December
2021, months before the article was published. While it did not know the terms
of these orders, it said that this demonstrated that there were legal
proceedings ongoing about the occupation of the property prior to the article’s
publication.
20.
The publication said it was confirmed on 6 April 2021 that the pub had closed
its doors and was boarded up, although it accepted it may have been closed
earlier.
21.
The publication accepted that it had communicated with the complainant before
the article about his plans for the pub as well as the various issues with the
building in February 2022, however it had failed to make the connection that
the “squatter” at the pub was the complainant. The publication said this did
not make the article significantly inaccurate, misleading, or distorted in
breach of Clause 1.
22.
In regard to Clause 2, the publication said there had been “no undue intrusion”
into the complainant’s private and family life, and that it had not identified
the complainant or his family, nor taken pictures of the area of the pub he
lived in. The publication further noted that the legal proceedings regarding
possession of the property were in the public domain. Nevertheless, the
publication said that the story of someone living in an iconic pub which was
now closed was significant and in the public interest. It said that pubs
closing down was a wide-spread concern following the Covid-19 pandemic because
of the social impact of this on local communities. It also considered that
complainant’s occupation of the pub may have been a barrier for its reopening.
23.
Turning to the concerns raised under Clause 3, the publication disputed the
complainant’s recollection of the contact he had had with it. It said that the
complainant had initially agreed to work on a follow-up piece discussing his
ambitions for the pub and that he agreed to do this with the journalist who
wrote the article under complaint. This journalist therefore spoke to the
complainant twice on 28 July, where – according to the publication – the
journalist sensitively requested any evidence of a prior tenancy agreement, and
asked the complainant to supply any court documents in relation to the upcoming
court case to determine his residency at the pub. The complainant then refused
to send any further documentation and claimed he did not want to be named in
any follow-up piece. The journalist informed the complainant he would give him
some space over the weekend. On 2 August, the journalist called the complainant
to agree on the follow-up article. The complainant then made clear he was not
interested in any further articles being printed. The publication said after
this point there was no further contact between the reporter and the
complainant.
24.
On 2 August the publication received an email from the complainant which was
also sent to staff at the newspaper’s publishers. This email said: “I have
still had no written response from the editorial staff, which I am also
demanding. A ‘we are looking into it’ from the author while allowing this to
remain published is unacceptable.” Following this email, the publication
removed the online article until the outcome of the court case was known; the
article remained offline during IPSO’s investigation.
25.
Taking the above into account, the publication said it did not consider that
its interactions with the complainant constituted intimidation or harassment.
It said it had attempted to resolve the complaint sensitively and directly with
the complainant, and when it was clear the complainant did not wish to
cooperate it ceased all communication.
26.
The complainant’s account of his interaction with the publication changed upon
viewing the publication’s comments during the IPSO investigation. The
complainant said he had requested a detailed action plan in regard to the
article to be submitted to him in writing on the phone on 28 July and again in
writing on 2 August. He described further unwanted calls on 3 August, and said
that it was on this day that he requested the publication did not contact him,
however after that he received another phone call. The complainant reiterated
that, at the time of the article’s publication, there was no public court case
between him and the freeholder of the property. He said the freeholder did not
enter into legal proceedings with him until after the newspaper published the
article, and that he was not made aware of those proceedings until a month
after the article’s publication. He also said that he had never been contacted
by the freeholder or its legal representatives with a request to leave the
property. The complainant also said that he had never agreed to help produce a
new article for the newspaper, and also provided IPSO screenshots of his rent
money to the leaseholder to show he was not a “squatter”, as well as a text
conversation confirming the rent with the leaseholder.
Relevant
Clause 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.
Findings
of the Committee
27.
While the article had, at one point, attributed the claim that the complainant
was living illegally in the pub to the pub owners, it had also reported, as
fact and without attributing the claim to the pub company, that the complainant
was “living in the [closed pub] without the legal right to do so”. The
alternative online headline also stated that a “[m]an [was] living illegally in
[a] boarded up pub as owners prepare to send in bailiffs”. The pub company had
stated, based on advice from its legal counsel but absent any final legal
ruling, that “the current occupier of the second floor of the premises has no
legal right to inhabit the property”. The publication was entitled to report
the pub company’s position, provided it was distinguished as such, but it was
not entitled to present this as fact in the absence of a legal finding or other
conclusive proof of the complainant’s status. In such circumstances, where
there had been no formal court findings to determine the legal status of the
complainant occupying the flat at the time of publication, it was the
Committee’s view that the article had presented the pub company’s
position as fact and inadequately set out the complainant’s position within the
dispute. This represented a failure to take care not to publish inaccurate,
misleading and distorted information and for this reason, there was a breach of
Clause 1 (i).
28.
Where the publication had reported the pub company’s position and had not
conveyed the complainant’s position absent of a legal finding, there was a
breach of Clause 1 (i). This breach was significant, where it reported – as
fact – that the complainant had no legal right to reside in his home, which
appeared not to have been established at the time of the article’s publication.
Therefore, in line with Clause 1 (ii) a correction was required to promptly and
prominently put the correct position on record. As no correction had been
offered, this represented a further breach of Clause 1(ii).
29.
The complainant also believed the article was inaccurate as it had stated that
“[b]osses at Star Pubs and Bars, which owns the former pub […], have insisted
they are committed to seeing the site re-open as a pub, however the man must be
evicted and an operator found first”. He said that he had been invited by the
leaseholder and the freeholder to take over the entire property. The Committee
noted that this claim was clearly attributed to the pub company, and that the
complainant did not dispute that it was the company’s position that it wished
to evict him and find another operator. Where this was clearly distinguished as
the pub company’s comment and the complainant did not dispute that the comment
had been accurately reported, there was no breach of Clause 1.
30.
The Committee next considered the article’s claim that "the pub shut down
last April due to financial issues and has been boarded up since”. The
complainant had said this was inaccurate as it had closed in December 2020. The
Committee acknowledged that the pub may have ceased trading earlier than April
2021, however it was confirmed in April 2021 that the pub had closed its doors.
In this instance, where it had been announced publicly it was closed in April
2021, the Committee did not consider it significantly inaccurate to state it
had shut down “last April” and it was not in dispute that the pub had been
closed for an extended period. There was no breach of Clause 1.
31.
Turning to Clause 2, the Committee were sorry to learn that the complainant had
experienced abusive behaviour since publication of the article, but its role
was to determine whether information in the article had revealed anything
private about the complainant or intruded into his private life; it could not
make findings based on the behaviour of the general public. The article had
only included images showing the outside of the pub and the interior of the pub
itself, rather than the complainant’s living quarters. In addition, the article
did not reveal any details about the complainant’s private and family life; it
did not identify him as resident at the address to people who would not
otherwise know this information. For these reasons, there was no
breach of Clause 2.
32.
The complainant said the publication had breached Clause 3 as he had made a
request for the journalist to desist from contacting him, after which he had
received further phone calls. The complainant had initially stated that this
request had been made on 28 July, later amending this to 3 August. The
publication said that the complainant had made this request on 2 August, after
which point the publication no longer contacted him. The Committee noted that
there was a discrepancy between the complainant’s and publication’s account of
their interactions, and that the complainant’s recollection of the interaction
had changed. Nevertheless, the Committee acknowledged that on 2
August the complainant had sent an email to newspaper publisher executives
which said: “I have still had no written response from the editorial staff,
which I am also demanding.” As such, where the complainant has contacted the
publication and requested a “written response” after his request to cease
contact, the Committee did not consider there to have been a meaningful request
to desist: the complainant was still seeking to resolve his complaint directly
with the publication and had contacted it to request that they contact him to
address his concerns. There was no breach of Clause 3.
33.
The complainant also believed the article breached Clause 3 as it was an
“unjustified and targeted attack” against him and his home. However, the
Committee did not consider a single article, which did not name the complainant
and simply reported on the position of the pub company regarding the
complainant’s legal right to reside at the property, constituted harassment as
defined by Clause 3.
Conclusions
34.
The complaint was upheld in part under Clause 1.
Remedial
action required
35.
Having upheld the complaint under Clause
1(i) and Clause 1 (ii), 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
adjudication; the terms and placement of which is determined by IPSO.
36.
The article was significantly misleading with regards to the circumstances of
the complainant’s legal right to live in his home, where the article had
adopted the pub company’s position as fact in both the alternative online
headline and in the opening of the article. The Committee considered a
correction to be the appropriate remedy to this breach, making clear it had
failed to distinguish this specific claim as comment, and putting the correct
position at the time of publication on record.
37.
The Committee also recognised that the complainant had requested that the
publication apologise. In this instance, while there had been a breach of
Clause 1 (i), the Committee noted that the complainant had not been named. In
such circumstances the Committee did not consider there was a requirement for
the publication to publish an apology.
38.
The Committee then considered the placement of this correction. The print correction should be
published in the publication’s regular Corrections and Clarifications column.
Turning to the online remedial action, as the misleading information appeared
in the alternative headline to the article as well as in the article itself,
the correction should appear as a standalone correction linked from the
homepage for 24 hours before being archived in the usual way.
39.
The wording should be agreed with IPSO in advance and should make clear that it
has been published following an upheld ruling by the Independent Press
Standards Organisation.
Date
complaint received: 28/07/2022
Date
complaint concluded by IPSO: 15/05/2023
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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