Decision
of the Complaints Committee – 12549-21 Mitchison v express.co.uk
Summary
of Complaint
1. Neil
Mitchison complained to the Independent Press Standards Organisation that
express.co.uk breached Clause 1 (Accuracy) of the Editors’ Code of Practice in
an article headlined “Brexit Britain to unshackle itself from stifling EU laws
– Raab to unveil new blueprint”, published on 11th December 2021.
2. The
article reported that the Justice Secretary was seeking to “overhaul […] the Human
Rights Act (HRA) in a bid to prevent UK institutions and courts from being
‘dictated to’ by European judges”. It said that the Secretary wanted to
“protect UK laws and traditions from ‘undue interference’ while continuing to
obey laws within the European Convention on Human Rights (ECHR)”. The article
stated the Justice Secretary wanted to implement a “mechanism that would allow
Parliament to ‘correct’ case law that it did not agree with ‘in a specific or
special way, and the right for UK courts not to abide by Strasbourg case law”.
3. The
complainant said the article was inaccurate in breach of Clause 1, because it
reported on plans to change the UK’s relationship with the ECHR, yet the
headline referred to “stifling EU laws”. The complainant said that the ECHR was
separate from the EU and so describing case law by the ECHR as “stifling EU
laws” was inaccurate.
4. The
publication stated that the headline had been changed the day after publication
to: “Brexit Britain plans to overhaul Human Rights Act – Raab to unveil new
blueprint”. Four days after the referral period began, on the 27th December
2021, the publication also published a footnote that said:
“The
original version of this article was headlined 'Brexit Britain to unshackle
itself from stifling EU laws – Raab to unveil new blueprint'. However, the
European Convention on Human Rights is not part of the European Union. We are
happy to make this clear.”
5. The
complainant said that, whilst he accepted the correction made clear the correct
position, he said it had not been offered sufficiently promptly, and that this
was the only part of his complaint he wanted IPSO to investigate. He said he
had made his complaint directly to the newspaper on the day the article was
published but had received no response. He explained he also wrote to IPSO on
that date and noted that IPSO had passed over the complaint to the publication,
notifying it that the article may raise a breach of the Code, on 23rd December.
The complainant said the article had not been amended until 4th January 2022.
He did not think that this was sufficiently prompt to address the original
inaccuracy.
6. The
publication did not accept that the footnote correction had been insufficiently
prompt. It said the headline had been amended the day after publication and
that the footnote had been added, making clear the original inaccuracy and the
correct position, 16 days after it the complainant had tried to complain to the
publication directly. It had contacted the complainant on 4th of January to
inform him of the change, due to the Christmas period. The publication stated
that the correction had been implemented with due promptness, in line with the
requirements of Clause 1 (ii). It said that the complaint that had been made by
the complainant directly to the publication had been sent to an unmonitored
email account, which was why the publication had not responded to the
complainant. It said the correction had been published as the article was
significantly inaccurate and needed correcting.
7. The
complainant said the publication’s website provided this email address as a way
to complain on the “How to complain” webpage as a way to report third party
accuracy concerns and so the publication could not claim that it was not a
functioning inbox.
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
8. The
publication accepted that it had published a significant inaccuracy, which had
been corrected. The Committee understood that the complainant wished only for
IPSO to consider an alleged breach of Clause 1 (ii) arising from the footnote
correction on the online, which he considered had not been published promptly.
The Committee therefore wished to make clear that it would only make a finding
on this aspect of the complaint. However, it noted that – to make a finding on
whether the correction was prompt – it must consider factors beyond its timing,
such as the seriousness of the alleged inaccuracy identified by the
complainant.
9. When
considering whether a correction has been offered promptly, the Committee
considered the seriousness of the breach, where in the article the alleged
inaccuracy appeared, what actions the publication had already taken to address
the breach, and the mitigating circumstances put forward by the publication
regarding the time frame for publishing the correction. In this case, the
Committee noted that the complaint concerned a report about proposed changes to
the ECHR and its relationship with UK law. The inaccuracy had appeared in the
headline, which had referred to “stifling EU laws”; the body of the article,
which made clear the nature of proposals and that they related to the ECHR, was
not under complaint.
10. The
complainant had used an email address provided by the publication on its
website for reporting inaccuracies that did not relate to the person
complaining. The Committee noted that this email address remained on this
webpage at the conclusion of IPSO’s investigation, despite apparently no longer
being operational. While the article had been amended shortly after
publication, the correction had not been appended until 16 days after it was
published, 15 days after the publication had first been notified of the inaccuracy
via the defunct email address, and 4 days after the complaint was referred to
the publication by IPSO. Where the
correction was published more than two weeks after the complainant tried to
raise the complaint via a channel advertised on the publication’s website, and
taking into account the factors noted above, including the nature of the
inaccuracy, the Committee concluded this did not satisfy the requirement for
promptness. There was, therefore, a breach of Clause 1 (ii).
Conclusion(s)
11. The
complaint was upheld.
Remedial
Action Required
12.
Having upheld the complaint under Clause 1, the Committee considered what
remedial action should be required. In coming to a view on the appropriate
remedy in this case, the Committee considered the seriousness and extent of the
breach of the Editors’ Code, and the full circumstances of the complaint. It
also noted that the steps taken by the publication, both prior to and during
IPSO’s investigation, to address and correct the inaccuracies.
Date
complaint received: 12/12/2021
Date
complaint concluded by IPSO: 29/06/2022