Decision of the Complaints Committee – 12014-22 A man v eveshamjournal.co.uk
Summary of Complaint
1. A
man complained to the Independent Press Standards Organisation
that eveshamjournal.co.uk breached Clause 2 (Privacy), Clause 4
(Intrusion into grief or shock), Clause 6 (Children), and Clause 9 (Reporting
of Crime) of the Editors’ Code of Practice in an article published in
October 2022.
2. The
article reported that an individual had been charged with several offences. It
also named the alleged victims of some of the offences; one of the named
victims was the complainant’s daughter. The article was amended four hours
after its publication to remove the names of the alleged victims; this was done
prior to a complaint being made to IPSO.
3. Prior
to contacting IPSO, the complainant contacted the newspaper directly at around
8:00am on the date of the article’s publication; he said that his wife also
called the newspaper at around 8:10am, and that he sent emails and tried to
contact the reporter via Twitter.
4. The complainant said that the
article breached Clause 9 by naming his daughter, who was 13 years old. He said
that his daughter was the victim a serious crime, and should have been
protected – having her name published in the local press left her exposed to
people discovering her identity.
5. He also said that the article
breached Clause 2 and Clause 6 by disclosing his daughter’s identity, noting
that the court case in relation to the alleged offence had not yet happened. He
further noted that, prior to the publication of the article under complaint,
his daughter had not been asked about the incident at school as he and his wife
had made the conscious decision not to tell anyone about the matter, to avoid
causing his daughter more stress and anxiety.
6. He then said that the article
breached Clause 4, as his daughter had been the victim of an assault and the
publication of her name had caused further alarm and distress.
7. The publication said it did not
accept a breach of the Editors’ Code. It first noted that there is no automatic
right to anonymity for children in court cases; anonymity is only granted once
a court order has been issued and – at the time of the article’s publication –
there was no such order in place. It also provided the court listing
document upon which the article was based; this listed the name of the
complainant’s daughter.
8. Turning to the terms of Clause 9,
the publication said that it was not aware at the time of publication that the
complainant’s daughter was under the age of 18. It said that, some hours after
the article had been published, it received a phone call from the complainant,
making it aware that some of the people named in the article were children. The
deputy editor had been briefed on the situation once they’d arrived at work the
same morning, and made the decision to remove the victims’ names from the
article; this was done at around 9:25am. It said that it had removed all of the
victims’ names from the article at this time, as it was not sure which of the named
victims were under the age of 18. It had also made the print team aware at
11:30am that some of the victims were children and to ensure that a redacted
version of the article was used in print – this page was then double-checked by
the deputy editor before going to press. It had then made a diary note of the
next court hearing relating to the case, and ensured that a court reporter
attended in person to ensure that the team was fully aware of any orders made.
9. Taking the above factors into
account, the publication also did not consider that the terms of Clause 2 or
Clause 6 had been breached by the article’s publication. It also did not
consider that the terms of Clause 4 were relevant to the complaint – the
article was based entirely on legal proceedings, and no approach had been made
to the family at any point.
Relevant Clause Provisions
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.
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.
Clause 6 (Children)*
i) All pupils should be free to
complete their time at school without unnecessary intrusion.
Clause 9
(Reporting of Crime)*
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.
Findings of the Committee
10. The Committee understood that the
complainant had significant concerns regarding his child being named as the
alleged victim of a crime, given that she was still a minor. However, the
Committee wished to note at the outset that Clause 9 does not prohibit children
from being named in the context of legal proceedings, provided particular
regard is paid to their potentially vulnerable position should they be a
witness to, or victim of, a crime. Therefore, the question for the Committee
was not whether the complainant’s daughter had been named – which was not in
dispute – but rather whether, in naming her, the publication had paid due
regard to her potentially vulnerable position as a child.
11. The publication had said that – at
the time of the article’s publication – it was not aware of the fact that the
complainant’s daughter was a child. The Committee noted that the child’s age
had not been referenced in the court listing document which gave her name as
the alleged victim of a crime. Therefore, in assessing whether the newspaper
had breached the terms of Clause 9 (ii), the Committee examined the action
undertaken by the publication once it had indisputably become aware of the
complainant’s daughter’s age via the complainant’s contact at around 8am on the
day of the article’s publication.
12. Once the publication had been made
aware that some of the victims named in the article were children, it removed
the names of all victims from the online version of the article. The Committee
was satisfied that the action of removing all names from the article
demonstrated a particular regard being paid to the potentially vulnerable
position of child victims of crime, given that it had not known the ages of all
of the victims and had therefore chosen to remove all names rather than risk
continuing to publish the name of a child. The decision appeared to have been
made early in the working day, after discussions with the deputy editor –
demonstrating to the Committee that the matter had been escalated and dealt
with quickly. In addition, the newspaper had ensured that the court reporter
attended the subsequent hearings in person, to ensure that they were aware of
any orders made by the court in relation to the complainant’s daughter’s age,
and that the print version of the article did not include the daughter’s name.
Taking all these factors into account, the Committee was satisfied that – once
it became aware of the age of the complainant’s daughter – it had paid
particular regard to her potentially vulnerable position, and there was
therefore no breach of Clause 9.
13. The terms of Clause 2 protect the
rights of individuals to a private and family life free from unnecessary
intrusion without consent. In this instance, while the Committee understood
that the complainant was concerned that the name of his daughter had been
published in the newspaper, it had first been published and therefore put in
the public domain by the courts – by way of the inclusion of her name in a
court listing. Publishing it therefore did not represent an intrusion into her
private and family life on the part of the publication. There was no breach of
Clause 2.
14. The Committee understood that the
publication of the daughter’s name had caused alarm and distress. However, the
terms of Clause 4 explicitly protect the right of publications to report on
legal proceedings – this includes documents released prior to proceedings, such
as court listings. In such circumstances, reporting on information which had
already been released via court documents did not represent insensitive
reporting in breach of Clause 4.
15. The terms of Clause 6 make clear
that children’s time at school should not be subject to unnecessary intrusion
as a result of press coverage. In assessing whether there had been a breach of
this clause, the Committee was mindful that the publication had not been aware
that the complainant’s daughter was a child – nor that she was still in
full-time education – prior to the article’s publication. Once the publication
had become aware that the complainant’s daughter was a child, it had removed
her name from the online article. The Committee also noted that the child’s
name had been released in court listing documents, and that it was not the
publication itself that had made the initial link to the offence. Therefore,
the Committee considered that the terms of Clause 6 had not been breached – the
publication had taken clear steps to minimise any intrusion to the
complainant’s daughter by removing her name from the online article, and the
publication had not initially revealed the information about the child being an
alleged victim of an offence.
Conclusions
16. The complaint was not upheld.
Remedial action required
17. N/A
Date complaint received: 21/10/2022
Date complaint concluded by IPSO: 24/03/2023