Decision
of the Complaints Committee – 12214-20 Salmond v Scotland on Sunday
Summary
of Complaint
1. Alex
Salmond complained to the Independent Press Standards Organisation that
Scotland on Sunday breached Clause 1 (Accuracy) of the Editors’ Code of
Practice in an article headlined “’This is not over. Not by a long shot’”,
published on 5 April 2020.
2. The
article reported on Alex Salmond’s acquittal following charges of sexual
assault. The headline appeared on the front page in quotation marks alongside a
photograph of Mr Salmond’s face and the statement “Read [journalist’s name]’s
inside story of the Alex Salmond trial and its impact on his accusers and the
SNP”. The article, which continued on page 25 reported part of a statement Mr
Salmond had given outside of the court: “There is certain evidence I would have
liked to have seen led in this trial, but for a variety of reasons, this was
not possible… Those facts will see the light.” The article went on to comment
that “Everyone outside the court understands what this means. It's a threat.
It’s a promise. He is saying “This is not over. Not by a long shot"”. The article began by describing the scene
outside the court following Mr Salmond’s acquittal and reported that he thanked
“a jury of eight women and five men for acquitting him of 13 charges of sexual
assault against nine complainers.” The article later reported each of the nine
anonymised women’s accusations against Mr Salmond. The article also included a
black and white image of a woman who looked upset. At the top of page 25 of the
printed version, the article was described as having been published in
association with another publication and, in a cutaway box embedded in the
article, it was explained that the same publication had originally published the
article and gave details about how readers could trial this publication.
3. The
article had also appeared online on 8 July under the headline “Inside the Alex
Salmond trial”. It had the opening line: "[journalist’s name] was in court
every day of the Alex Salmond trial. Here she shares her insights on a landmark
case that revolved around power and sex". It was substantially the same as
the print article, but did not include the image of Mr Salmond’s face, nor did
it contain the standalone headline of the wording “This is not over, not by a
long shot”, although this wording did appear within the article, along with the
same comment that “Everyone outside the court understands what this means. It's
a threat. It’s a promise. He is saying ‘This is not over. Not by a long shot’.”
4. The
complainant said that the article was inaccurate in breach of Clause 1. He said
that the front page print headline presented in quotes next to an image of his
face inaccurately suggested that he had said “This is not over. Not by a long
shot.” The complainant supplied the full statement he had given outside the
court:
“As many
of you will know there is certain evidence I would like to have seen led in
this trial but for a variety of reasons we were not able to do so. At some
point that information, facts and that evidence will see the light of day but
it won't be this day. And it won't be this day for a very good reason. And that
is whatever nightmare I've been in over these last two years it is as of
nothing compared to the nightmare that every single one of us is currently
living through. People are dying, many more are going to die. What we are doing
just now and I know you've got a job to do is not safe - I know it is your job
but it ain't safe. And my strong, strong advice to you is to go home, those who
can, are able to, take care of your families and may God help us
all."
The
complainant said that the headline, rather than being something he had said,
was a quote from the journalist, describing what he had said outside of the
court. He said that this was not an accurate characterisation of his statement.
The complainant noted that versions of the front page that were posted online
had not included quotation marks around the statement.
5. The
complainant said that the article had not made clear that it was a comment
piece, and instead it was presented as a definitive account of the criminal
court proceedings. He said that the article was biased and unbalanced, for
example by interviewing the complainers,
who were entitled to anonymity, but not including the evidence given by any of the female defence witnesses,
or the views of anyone who supported the findings of the court. The complainant
also complained that he had not been contacted prior to the article being
published.
6. The
complainant said it was misleading to publish the allegations made by each of
the complainers, without also including an explanation that he had been
acquitted and that each allegation had been dismissed by the court.
7. The
complainant said that he believed the image of his face in the print version of
the article had been deliberately edited in order to emphasise the stubble and
grains in his face and to paint him in an unflattering light. He also found the
use of the image of the woman looking upset in both versions of the article to
be misleading as it was not made clear if it was a stock image or an image of
one of the complainers.
8. The
complainant also noted that the article had been published originally by
another publication, and that it was misleading not to publish further details
of the relationship between the two publications.
9. The
publication did not accept a breach of the Code. It said that the front page
quotation, “This is not over. Not by a long shot” was the publication’s summary
of the complainant’s comments outside court. It said it was a fair reflection
of these comments and that the interpretation had been carefully considered by
its experienced reporters prior to publication. It noted that the complainant’s
exact words had been published within the article, and that his words: "There
is certain evidence I would have liked to have seen led in this trial, but for
a variety of reasons, this was not possible [...] Those facts will see the
light" supported the publication’s position that the complainant had suggested
that the legal proceedings would not be the end of the matter. It said that the
removal of the quotation marks from the versions of the front page posted
online did not change the meaning of the headline and therefore the quotation
marks did not make it significantly misleading.
10. The
publication said that the article was clearly an opinion piece from the
perspective of one journalist. It said this was made clear in the opening line
of the online article, which named the journalist and reported that she would
share “her insights on a landmark case”. It said she had no obligation to
approach the complainant for further comment after hearing all the evidence
given by him during the trial and the subsequent public statement he made, and
noted that in the statement he gave outside court, he made it clear he did not
think it was an appropriate time to discuss the case further. It noted that the
article referred to the evidence heard by the court and the jury’s conclusion.
11. The
publication said that the details of the allegations against the complainant
had been included as they were relevant to the issues being explored by the
article, particularly those of power and sex. The publication also said that
the article made clear that the complainant had been cleared of the charges.
12. The
publication said that the image on the front page of the print article had not
been manipulated in order to make it less flattering, and that in any event the
editing of an image to highlight certain features would not be a failure to
report accurately. It also said that the stock image was meant to represent the
complainants, whilst also being unidentifiable. The publication said that its
inclusion would not mislead readers that it was an image of one of the
complainers, in particular as the identity of the woman in the image was
obscured.
13. The
publication said that the issue regarding payment for the article was not a
matter which fell under the Editors’ Code of Practice, and that it had no
impact on its accuracy.
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
14. The
front cover of the print version of the article showed a picture of the
complainant’s face alongside the following words in inverted commas: “’This is
not over. Not by a long shot’”. The publication had said that this was an
accurate summary of the statement given by the complainant outside court.
Whilst the Committee noted that editors are entitled to abridge quotations, a
published quote must accurately represent the words spoken. In this case, the
Committee found that, on balance, the publication had gone too far and that the
published quote was not an accurate representation of what the complainant had
said; the quotation did not reflect the words chosen by the complainant and, as
a consequence, gave the impression that the statement made by the complainant
outside court was more sinister in nature than was the case. On this basis, the
newspaper had failed to take care not to publish misleading information in
breach of Clause 1(i). The quotation had appeared on the front page and was
significantly misleading because it distorted what the complainant had actually
said to appear more menacing. It therefore required correction under Clause
1(ii). No correction was offered, and there was therefore a further breach of
Clause 1(ii). The quote did not appear in the online version of the article in
the same format, and therefore the breach only pertained to the print version
of the article.
15. Both
versions of the article had referred to the journalist by name, with the print
article being described as her “inside story” and the online article as “her
insights” on the trial. Readers would recognise from these descriptions and
from the tone and presentation of the piece that it was a feature article,
rather than a traditional court report or news report, and that it would
reflect the angle, opinions and analysis of its author. The article included an
opinion in the stand first of the print article and the first person was
frequently used throughout the article. The Committee was therefore satisfied
that the publication had clearly distinguished between comment, conjecture and
fact from the outset and there was no breach of Clause 1(iv).
16. The
complainant had expressed concern that the article had not been balanced,
quoting extensively from the complainers in the case but making no reference to
the evidence given by the female defence witnesses. The Committee noted that
the Editors’ Code does not address issues of bias or balance. It makes clear
the press has the right to be partisan, to give its own opinion and to
campaign, as long as it takes care not to publish inaccurate, misleading or
distorted information, and to distinguish between comment, conjecture and fact.
Given the article was clearly presented as a comment piece, the Committee did
not consider that this issue raised a breach of Clause 1(iv).
17. The
article had included the allegations made by the nine complainers, and it was
not in dispute that the complainant had been acquitted of all charges. The
article made clear that the complainant had been acquitted “of 13 charges of
sexual assault against nine complainers”, which was repeated multiple times in
the article. On this basis, readers would be fully aware that the complainant
had been acquitted of the allegations, and there was no breach of Clause 1 on
this point.
18. The
Committee noted there was a disagreement as to whether the photo of the
complainant’s face had been edited to present him in an unflattering light and
the Committee were not able to make a finding on this point. Newspapers are
entitled to undertake some editing of images, provided that it does not amount
to distortion of an image leading to inaccurate or misleading information. In
this instance, it did not appear that the image had been distorted, and
therefore it was not significantly misleading of the complainant’s appearance
and there was no breach of the Code. In addition, the use of a stock image of a
woman was not misleading as it would be understood to be a stock photo used to
illustrate an anonymous, upset woman and not an image of one of the
complainers. There was no breach of Clause 1 on these points.
19.
Finally, the Committee noted that newspapers are free to campaign and
editorialise, and that there is no obligation under Clause 1 of the Editors’ Code
to disclose the financing of an article. There was no breach of Clause 1 on
this point.
Conclusions
20. The
complaint was upheld in part under Clause 1.
Remedial
Action Required
21.
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.
22. The
Committee found that the publication did not take the necessary care when
publishing the quote which appeared on the front page of the print article
because it did not represent the words which had been chosen by complainant,
which rendered it misleading. The Committee considered that the appropriate
remedy was the publication of a correction to put the correct position on
record.
23. The
Committee then considered the placement of the correction. Whilst the
misleading information had appeared on the front page of the print article, as
the publication had changed the tone of what the complainant had said, but
ultimately the phrase had derived from a statement produced by the complainant,
the Committee was satisfied that publication of the correction in the
established corrections and clarifications column would represent due
prominence. The wording of the correction 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: 04/08/2020
Date complaint concluded by IPSO: 01/02/2021
Back to ruling listing