Decision of the Complaints Committee – 11788-22 Gregson and Weiss v The Jewish Chronicle
Summary of Complaint
1. Peter Gregson,
acting on behalf of himself and on behalf of Rabbi Yisroel Dovid
Weiss, complained to the Independent Press Standards Organisation
that The Jewish Chronicle breached Clause 1 (Accuracy), Clause 2
(Privacy), and Clause 4 (Intrusion into grief or shock) of the Editors’
Code of Practice in an article headlined “Jewish group helped arrange tour for
disgraced anti-Israel activist”, published on 16 September 2022.
2. The
article – which was published on page 18 of the newspaper – reported that a
“Jewish […] group has apologised for helping to organise a tour for a disgraced
activist”. This was referring to the complainant, Peter Gregson, who the
article described as an “expelled shop steward” who had “claimed Israel
exaggerates the Holocaust ‘for political ends’”. The article also referred to
the second complainant, who would also be on the tour, and stated that: “Rabbi
Weiss led a delegation to a Holocaust denial conference in Tehran in 2006. He
later said the number who died in the Holocaust had been exaggerated, Ha’aretz
reported.”
3. The
article also appeared online in substantially the same form; this version of
the article was published on 14 September 2022.
4. Prior to the publication of both
versions of the article, on 13 September 2022, the publication contacted both
complainants, asking for their responses to claims which would be published in
the article. Part of the request for comment to Rabbi Weiss read as follows:
“The Jewish Chronicle is to report on a
planned UK tour featuring you, Pete Gregson, and [….]
We will write that you have previously
attended a Holocaust denial conference in Tehran and said the number of Jews
killed in the Holocaust has been “exaggerated”.
[….]
Please let me know by 6pm tomorrow (Wed
14 Sep) UK time if you wish to respond to these claims. You can reach me at
[…].”
5. A response was sent on behalf of
Rabbi Weiss on 13 September 2022 in response to the publication’s queries; the
response included a retraction, published by Associated Press in 2007:
“NEW YORK (AP) In a Dec. 15 story about
an Iranian-sponsored conference on the Holocaust, The Associated Press
erroneously attributed a claim that the number of Jews killed by the Nazis was
exaggerated.
Rabbi Yisroel David Weiss, who attended
the conference, denied making such a statement and said the claim does not
reflect his position. He opposed the state of Israel, and believes Israelis
have used the Holocaust to gain sympathy and advantage.
The story should have also cited
Iranian news reports as the source of the quote.”
6. After the article’s publication and
prior to contacting IPSO with his concerns, on 16 and 27 September 2022, the
complainant wrote to the publication via email. The emails said, respectively:
First email
I’ve just read today’s article on the
“Muslim & Jew Tour: Beyond Israel” tour I am organising, headed “Jewish
group helped arrange tour for disgraced anti-Israel activist”. Am I really
disgraced? I’m not sure that is accurate at all. I’ve never met a Muslim that’s
doesn’t support me. And I am feted as a “legend” by pro-Palestine campaigners
[…]
Second email
I have another, more serious complaint
to make about [the] article. […] The printed version of your JC (I understand
around 7,200 are free copies) was scandalously wrong. It stated Rabbi Weiss led
a delegation to a Holocaust denial conference in Tehran in 2006. He later said
the number who died in the Holocaust had been exaggerated, Ha’aretz reported.
To claim that the Rabbi said figures were exaggerated when his speech clearly
states he did not is a matter I demand a retraction of- and shall complain to the
Independent Press Standards Office (IPSO) about, if your newspaper refuses.
Rabbi Weiss supports me in this action.
7. The complainant then made a
complaint to IPSO. He said that the article included several inaccuracies in
breach of Clause 1 of the Editor’s Code. He first said that it was incorrect
for the article to report that Rabbi Weiss “later said the number who died in
the Holocaust had been exaggerated”. He said that the Rabbi had not said this,
and that the inaccuracy was particularly serious given that Rabbi Weiss’
grandparents had died at Auschwitz. He also said that he was “unhappy” that the
article had referred to him as being disgraced, and that this description also
breached the term of Clause 1.
8. The complainant further said that it
was “technically incorrect” to refer to Rabbi Weiss having “led a delegation to a Holocaust denial conference in
Tehran in 2006”, as the name of the conference was “The Holocaust, Global
Vision” and was, according to Rabbi Weiss, “a Holocaust review conference on
how the Holocaust had been exploited and weaponised by Israel”.
9. The complainant also said that
inaccurately reporting that Rabbi Weiss had claimed that the number who died in
the Holocaust had been exaggerated breached the terms of both Clause 2 and
Clause 4. He said that this was the case as the subject was a particularly
emotive one, particularly for Rabbi Weiss, given his background and the grief
he had suffered as the descendant of people who had been killed during the
Holocaust. Therefore, he said, the article had intruded both on Rabbi Weiss’
privacy and his grief.
10. The publication said it accepted
the article had included an error, and that it was incorrect to report that
Rabbi Weiss “said the number who died in the
Holocaust had been exaggerated”. It said that the error had come from an
article published by Ha’aretz; this article stated that Rabbi Weiss had said
that “the figures for how many people who died in the Holocaust are
exaggerated.” It said that, while the journalist who wrote the article had had
sight of the retraction of the claim prior to the article’s publication, he had
made an error and not included this information in the article.
11. However, while the publication
accepted that the article included an error, it considered that it had quickly
addressed it as soon as it had been made aware, as Rabbi Weiss had contacted
the reporter via phone on 14 September 2022 and the claim was removed from the
online article on the same date. It said that the Rabbi had, at the time,
appeared to accept that the matter had been resolved by the article’s
amendment, and that the reporter had apologised to him on the phone for the
error.
12. Three days after the start of
IPSO’s investigation, the publication also added the following clarification to
the bottom of the article, and – three days later – offered to publish the same
wording in its print ‘On the Record’ column:
A previous version of this story
incorrectly repeated claims made by Haaretz that Rabbi Dovid Weiss claimed the
number of Jews killed in the Holocaust had been exaggerated by Israel. Rabbi
Weiss denies making any such statement.
13. However, the publication did not
accept that the article contained any additional inaccuracies in breach of
Clause 1. It said that describing the complainant as “disgraced” was a fair
description, and clearly distinguished as the publication’s view. It also said
that it was not inaccurate to describe the 2006 conference as a “Holocaust
denial conference”; there were many extreme elements present at the conference,
including groups with a history of Holocaust denial, such as the Ku Klux Klan.
It further noted that it had been described as a “Holocaust denial conference”
in both contemporaneous news reporting and by then-US president George W Bush.
14. The publication did not consider
that the complainant’s Clause 2 and Clause 4 concerns engaged the terms of the
relevant Clauses; therefore they could not have been breached in the manner the
complainant described.
15. The complainant said that the offer
of the correction was inadequate, coming nearly three months after the original
article’s publication. He said that only a front-page correction and apology
could resolve his concerns.
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 4 (Intrusion into grief or
shock)
In cases involving personal grief or
shock, enquiries and approaches must be made with sympathy and discretion and
publication handled sensitively. These provisions should not restrict the right
to report legal proceedings.
Findings of the Committee
16. The newspaper accepted that it was
inaccurate to report that Rabbi Weiss had said that “the figures for how many people who died in the
Holocaust are exaggerated.” It also accepted that it had been made aware, prior
to the publication of both the online and print articles, that a retraction of
this claim had previously been published, and that its initial attribution to
Rabbi Weiss was “erroneous”. In addition, the reporter had been made aware,
after the publication of the inaccurate online article and prior to the
publication of the print article, that the Rabbi disputed the accuracy of the
online version of the article, and the inaccuracy had still gone to print after
the reporter had been made aware of the Rabbi’s position. In such
circumstances, the publication had not taken care over the accuracy of this
claim in either version of the article, and there was therefore a breach of
Clause 1 (i). This had led to the publication of a significant inaccuracy,
where the article inaccurately attributed a statement to Rabbi Weiss concerning
the number of people who had died in the Holocaust. Therefore, the newspaper
was required, under the terms of Clause 1 (ii) of the Editors’ Code, to correct
the inaccuracy promptly and with due prominence and – if appropriate – publish
an apology.
17. The publication had taken limited
steps to remedy the breach of Clause 1 (i): it had apologised verbally to the
Rabbi, removed the disputed claim from the online version of the article, and
had published an online clarification after the beginning of IPSO’s
investigation. It had also offered to publish a correction in the print version
of its newspaper.
18. However, the Committee did not
accept that the limited action taken and proposed by the publication was
sufficient to address the terms of Clause 1 (ii). It considered that the
remedial action failed on two fronts: It was not sufficiently prompt, where the
publication had been aware of the Rabbi’s position for over a month before the
publication corrected the error online and proposed a print correction; and
neither correction included an apology to the Rabbi. To claim that the Rabbi
had said that the figures for how many people had died in the Holocaust was
exaggerated had the clear potential to damage his reputation. The Committee was
also mindful of the sensitivities of such a claim given that he had lost family
members in the Holocaust. In these circumstances, an apology was appropriate,
as the publication had recognised by making a verbal apology. The Committee
considered that, in the circumstances, a personal apology was insufficient and
that a published apology would have been an appropriate remedy, which had not
been offered. For these reasons, there was a further breach of Clause 1 (ii).
19. The Committee expressed significant
concerns about the newspaper’s conduct prior to publication and the absence of
a published apology as part of the remedial action which had been taken. The
Committee considered that the publication’s conduct was unacceptable, and their
concerns were drawn to the attention of IPSO’s Standards department.
20. The Committee turned next to the
other alleged breaches of Clause 1 in the article. While it understood that the
complainant disputed that he was “disgraced”, it noted that – to some extent –
this was a subjective description, as different people would have different
definitions of what constituted being “disgraced”. The article set out the
factual basis for this subjective description, as it reported that he was an
“expelled shop steward” and the reasons for his dismissal. Where Clause 1 (iv)
explicitly protects the right of newspapers to share their views and opinions,
and the factual basis for the view that the complainant was “disgraced” was not
in dispute, there was no breach of Clause 1.
21. In circumstances where the 2006
conference appeared to have been attended by organisations who publicly engage
in Holocaust denialism, and it had been widely reported at the time as being a
“Holocaust denial conference”, the Committee did not consider that referring to
it in such terms represented a significant inaccuracy in breach of Clause 1.
22. Clause 2 is intended to protect
individuals from unnecessary intrusion into their private and family life. The
claim that Rabbi Weiss had said that “the number
who died in the Holocaust had been exaggerated” was not related to his private
or family life; rather, it was related to a statement that he was alleged to
have made in public about a historic event – notwithstanding that
the claim he had made the statement was inaccurate. For this reason, the
Committee found that Clause 2 had not been breached.
23. The article under complaint related
to a public tour Rabbi Weiss intended to undertake around the UK; it did not
refer to his family history, or to his grief as a descendent of grandparents
who had been killed during the Holocaust. Therefore, while the Committee
understood that the inaccurate claim about Rabbi Weiss caused him distress, it
did not consider the article under complaint related to his personal grief or
shock. There was not breach of Clause 4.
Conclusions
24. The complaint was upheld under
Clause 1.
Remedial action required
25. 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.
26. The Committee considered that,
where a breach of Clause 1 (ii) arose both from the lack of promptness in
publishing and proposing the remedial action, and the publication’s failure to
apologise publicly to the complainant, a published adjudication was necessary
to remedy the breach of the Clause. The headline of the adjudication must make
clear that IPSO has upheld the complaint against the Jewish Chronicle and must
refer to its subject matter; the wording of the headline should also be agreed
with IPSO in advance.
27. The Committee then considered
the placement of the adjudication. Where the inaccuracy appeared both online
and in print, and the publication had failed to satisfy the terms of Clause 1
(ii) in either print or online, the Committee considered that the adjudication
should appear in both formats.
28. In print, the adjudication should
appear on page 18 of the newspaper or further forward, in circumstances where
the article under complaint had appeared on this page. It should be published
in the usual size and style for an article of the page on which it is
published. Online, the adjudication should also appear in full on the
publication’s website with a link to the full adjudication (including the
headline) appearing on the top half of the newspaper’s homepage, for 24 hours;
it should then be archived in the usual way. The headlines of both
adjudications must make clear that IPSO has upheld the complaint against The
Jewish Chronicle and must refer to its subject matter; they must be agreed with
IPSO in advance.
29. The terms of the adjudication for
publication are as follows:
Rabbi Yisroel Dovid Weiss, complained
to the Independent Press Standards Organisation that The Jewish Chronicle
breached Clause 1 (Accuracy) of the Editors’ Code of Practice in an article
headlined “Jewish group helped arrange tour for disgraced anti-Israel
activist”, published on 16 September 2022.
The complaint was upheld, and IPSO
required The Jewish Chronicle to publish this adjudication to remedy the breach
of the Code.
The article reported that Rabbi Weiss
had “said the number who died in the Holocaust had been exaggerated” and
attributed this claim to a report from another publication. Rabbi Weiss said
that this was incorrect and that he had never said this, and that the
inaccuracy was particularly serious given that his grandparents had died at
Auschwitz. Prior to publication, Rabbi Weiss had told the publication that he
denied making such a statement.
The newspaper accepted that Rabbi Weiss
had denied saying that “the figures for how many people who died in the
Holocaust are exaggerated.” It also accepted that it had been made aware, prior
to publication, that a retraction of this claim had previously been published,
and that its initial attribution to Rabbi Weiss was “erroneous”. After the
article was published online, a reporter at the publication was told that this
claim was inaccurate. It was then removed from the article, and a verbal
apology made over the phone. However, after this phone call, the same
inaccuracy was published in print.
In such circumstances, the publication had not
taken care over the accuracy of this claim, and there was therefore a breach of
Clause 1 (i). This had led to the publication of a significant inaccuracy,
where the article inaccurately attributed a statement to Rabbi Weiss concerning
the number of people who had died in the Holocaust. Therefore, the newspaper was
required, under the terms of Clause 1 (ii) of the Editors’ Code, to correct the
inaccuracy promptly and with due prominence and – if appropriate – publish an
apology.
The publication published an online
correction, making clear that Rabbi Weiss disputed making the statement, three
days after IPSO began its investigation into the matter. It also offered to
publish a correction in its print edition; it made this offer six days after
IPSO began its investigation into the matter. However, the Committee did not
consider that this limited action satisfied the terms of Clause 1 (ii). It
considered that the remedial action failed on two fronts: It was not
sufficiently prompt, where the publication had been aware of the Rabbi’s
position prior to the publication of the print article, and it had taken over a
month for the publication to correct the error online and propose a print
correction; and neither correction included an apology to the Rabbi. To claim
that the Rabbi had said that the number of people who had died in the Holocaust
was exaggerated had the clear potential to damage his reputation; therefore, a
published apology would have been an appropriate remedy, where Clause 1 (ii)
makes a specific reference to apologies being published where appropriate, and
where the apology to the Rabbi had only been made verbally. For these reasons,
there was a further breach of Clause 1 (ii).
Date complaint received: 01/10/2022
Date complaint concluded by IPSO: 06/04/2023