Decision of the Complaints Committee – 11474-20 Hale v
birminghammail.co.uk
Summary of Complaint
1. Craig Hale complained to the Independent Press Standards
Organisation that birminghammail.co.uk breached Clause 2 (Privacy), Clause 3
(Harassment) and Clause 9 (Reporting of crime) in an article headlined
“Depraved stalker flaunts early prison release with brazen champagne
celebration snaps” published 16 October 2019.
2. The article reported on the complainant’s partner being
“released early from a one-year prison sentence following a “disgraceful and
wicked” stalking campaign”. It contained a picture of the complainant with his
partner, celebrating her release. It later described this picture, stating:
“the twisted stalker is seen grinning widely on a sofa while clutching a glass
of Moet with partner Craig Hale [the complainant]”. The article also made
reference to the original criminal conviction of the complainant’s partner.
3. The complainant said the article breached Clause 2 as it
published his name, an image of him taken from his partner’s public social
media account and the fact of his relationship. He also said that the
publication breached Clause 2 by associating him with someone accused and
convicted of crime, namely his partner; something he also said gave rise to a
breach of Clause 9. He confirmed that he had attended two of his partner’s
court appearances; posted publicly about an IPSO ruling of May 2020 which related
to the criminal accusations against her; addressed the case against his partner
on Twitter after this; and, was pictured in public social media posts by his
partner which celebrated her release from prison and that showed the pair as a
couple. Finally, the complainant said that the publication of the article
constituted harassment.
4. The publication did not accept it had breached the Code.
On Clause 9, it said that he was genuinely relevant to the story. It also noted
that the complainant appeared in court during his partner’s trial, to support
her, and posted publicly on Twitter about the case, identifying himself in
relation to it. It also said such activity effectively meant he had consented
to being identified in relation to the accusations against his partner. In
relation to Clause 2, it stated that the fact of a relationship is not private
information and that, in any event, a number of public social media posts
showed the pair as a couple. It pointed to the fact that it was accepted that the
photograph was taken from a public social media page and only displayed the
complainant’s likeness. As the complainants concerns under Clause 3 did not
relate to the conduct of journalists, the publication said the Clause was not
engaged.
Relevant Code Provisions
5. Clause 2 (Privacy)*
i) Everyone is entitled to respect for his or her private
and family life, home, 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.
6. 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.
7. 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.
Findings of the Committee
8. The first stage of any decision under Clause 9 is to
assess whether the complainant was identified as the friend or relative of
someone accused or convicted of crime. The article referred to the complainant
as a “partner” of a person convicted of crime. The complainant was identified
as the friend or relative of someone accused or convicted of crime.
9. The Committee then assessed whether the complainant was
genuinely relevant to the story within the meaning of Clause 9. The article
reported on the criminal proceedings against the complainant’s partner, her
conviction and her subsequent release from jail. The complainant confirmed that
he had attended court twice to support his partner during the same criminal
proceedings. He had also been pictured in a photo in public social media posts
by his partner which celebrated her release from prison. In this context, he
was genuinely relevant to the story. There was no breach of Clause 9.
10. The Committee next considered whether the complainant’s
name and the fact of his relationship was private. Neither a person’s name nor
the fact of a relationship is generally information about which a person has a
reasonable expectation of privacy. The Committee also noted the number of
public social media posts which showed the pair as a couple and the fact the complainant
had attended court to support his partner. There was no breach of Clause 2.
11. The complainant had argued that associating him with
someone accused and convicted of crime, namely his partner, gave rise to a
breach of Clause 2. Clause 9 was the correct Clause under which to consider
this concern and the Committee had done so fully. The association between the
complainant and his partner, in circumstances where she was accused or
convicted of crime, did not give rise to any additional issue under Clause 2;
especially as the fact of the couple’s relationship was not private. There was
no breach of Clause 2.
12. The image of the complainant was taken from his
partner’s public social media page and only showed his likeness. As such, the
complainant did not have a reasonable expectation of privacy over this
information. There was no breach of Clause 2.
13. The complainant had said that the publication of the
article constituted harassment. Clause 3 generally relates to the way
journalists behave when researching a news story and is meant to protect people
from being repeatedly approached by the press against their wishes. In
addition, there was one article under complaint; it focused predominantly on
the complainant’s partner; and the complainant was in any event relevant to the
story. There was no breach of Clause 3.
Conclusions
14. The complaint was not upheld.
Remedial Action Required
15. N/A
Date complaint received: 03/07/2020.
Date complaint concluded by IPSO: 03/02/2021.
Back to ruling listing