Decision
of the Complaints Committee – 16770-23 Abbas v Mail Online
Summary
of Complaint
1. Syed
Abbas complained to the Independent Press Standards Organisation that the Mail
Online breached Clause 1 (Accuracy), Clause 2 (Privacy) and Clause 6 (Children)
of the Editors’ Code of Practice in an article headlined “Grieving parents
demand answers over 'mysterious' death of their daughter in a Pakistan hospital
and the disappearance of their grandchildren as they fight to have youngsters,
10 and 8, returned to Britain”, published on 5 February 2023.
2. The
article was an account from a couple whose daughter had died in Pakistan, after
having flown there with her two children. The names and the ages of the
children were included in the article. The article described how the couple
were left “searching for answers after their daughter died suddenly on a trip
to Pakistan with her two children, whose location is still unknown 18 months
later”. The article described how their daughter “had already been buried by
the time her parents found out she had died”. The article also contained a
quote from the couple, who said that when they called the hospital, they “was
ill with coronavirus, then sepsis, and that she was in a coma”. The article
also stated that the couple had claimed that their daughter’s death certificate
contained “‘huge inconsistencies’” such as stating she “died of sepsis, a
stroke and cardiopulmonary arrest”, and had inaccurately stated she had been an
epileptic from birth. It contained a photograph of one of the children with
their mother and a photograph which contained a collage of the children and
their mother.
3. The
complainant was the father of the children. He said that the article had a huge
impact on himself, and his children and their wellbeing at school and in life,
in breach of Clause 6. He noted that the article contained an image of his
child and their mother, as well as the collage showing both of his children,
and both of their names and ages. He had not consented to the publication of
this information. He said that the grandparents did not have custody, or
similar responsibilities so could not give their consent, and therefore this
also breached Clause 6.
4. The
complainant also said that the topic of the articles – as well as the names of
his children, their mother, and himself, and the photographs of the children – intruded
into his and his children’s privacy, in breach of Clause 2.
5. The
complainant also said that the article was inaccurate in breach of Clause 1, as
his children were not missing: they were enrolled in school in Pakistan. He
stated that the UK Foreign, Commonwealth and Development Office, British High
Commission and Wirral Education Department knew their location. He also said
that the grandparents had numerous ways to contact him, such as his WhatsApp
number and email.
6. The
complainant also said the article gave the misleading impression that the
circumstances of the woman’s death were suspicious. He supplied a Facebook post
from the grandmother of his children – one half of the couple quoted
extensively in the article – which stated that the investigation into her
daughter’s death was closed with “no suspicious circumstances”.
7. The
publication did not accept a breach of the Code. It said that the information
and images published in the article had been syndicated from a different publication.
It said that after receiving the complainant it had contacted the original
publisher.
8. Whilst
it accepted that the article concerned the children’s welfare, it considered
that in circumstances where it did not consider the complainant to be
contactable, the children’s maternal grandparents could be considered as
responsible adults able to give consent to publish the images. It noted that
the complainant was not named, and that it had used the names of the children
as the grandparents said they had no way of contacting the children or the
complainant in order to appeal for more information about them. It also noted
that the complainant was not named, and naming his partner was not a breach of
the Code. It said, therefore, that neither Clause 2 nor Clause 6 had been
breached.
9. Whilst
the publication denied any breach of the complainant or children’s privacy, it
said the concerns of the grandparents, the apparent lack of official assistance
from Pakistani authorities and MPs getting involved demonstrated this, and that
the scrutiny and investigation of a suspicious death of a UK national abroad,
whose children were cut off from their grandparents, was manifestly in the
public interest. It said that names and images of the children were
proportionate to this aim – as the article was essentially a “missing persons”
article, and that this was considered at the time of publication. It supplied
an email chain between the reporter, the managing editor’s office and the legal
department regarding whether it should blur the images – which it decided was
not necessary “taking it that family want to publicise them”.
10. With
regards to Clause 1, the publication said that it was the position of the
children’s grandparents that the children were missing, as they had not had
contact with them since 2021 and did not know how to contact them, and the
complainant had not provided evidence to suggest their concerns were not
genuine. The publication also said that the Foreign Commonwealth and
Development Office had sent the following statement to the original publisher:
“We are supporting the family of a British national who sadly died in
Pakistan”. The publication also said the original publisher had said it
attempted to contact the complainant using contact details provided by the
grandparents but had not received a response. It said that syndicating stories
from another regulated publisher demonstrated that it had taken care not to
publish inaccurate information.
11. The
publication offered to update the article to clarify where the children were
living; to publish a statement from the complainant; and to remove the images
of his children if it resolved his complaint, which he did not accept.
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 6
(Children)*
i) All
pupils should be free to complete their time at school without unnecessary
intrusion.
ii) They
must not be approached or photographed at school without permission of the
school authorities.
iii)
Children under 16 must not be interviewed or photographed on issues involving
their own or another child’s welfare unless a custodial parent or similarly
responsible adult consents.
iv)
Children under 16 must not be paid for material involving their welfare, nor
parents or guardians for material about their children or wards, unless it is
clearly in the child’s interest.
v)
Editors must not use the fame, notoriety or position of a parent or guardian as
sole justification for publishing details of a child’s private life.
The
Public Interest
There
may be exceptions to the clauses marked * where they can be demonstrated to be
in the public interest.
1.
The public interest includes, but is not confined to:
§ Detecting
or exposing crime, or the threat of crime, or serious impropriety.
§ Protecting
public health or safety.
§ Protecting
the public from being misled by an action or statement of an individual or
organisation.
§ Disclosing
a person or organisation’s failure or likely failure to comply with any
obligation to which they are subject.
§ Disclosing
a miscarriage of justice.
§ Raising
or contributing to a matter of public debate, including serious cases of
impropriety, unethical conduct or incompetence concerning the public.
§ Disclosing
concealment, or likely concealment, of any of the above.
2.
There is a public interest in freedom of expression itself.
3.
The regulator will consider the extent to which material is already in the
public domain or will become so.
4.
Editors invoking the public interest will need to demonstrate that they
reasonably believed publication – or journalistic activity taken with a view to
publication – would both serve, and be proportionate to, the public interest
and explain how they reached that decision at the time.
5.
An exceptional public interest would need to be demonstrated to over-ride the
normally paramount interests of children under 16.
Findings
of the Committee
12. Clause
6(iii) requires that Children under 16 must not be interviewed or photographed
on issues involving their own or another child’s welfare unless a custodial
parent or similarly responsible adult consents. The article in this case
clearly involved the children’s welfare – it described their grandparents’
concern regarding their whereabouts, as well as the circumstances in which
their mother had died – and the newspaper accepted it did not have consent from
a custodial parent or similarly responsible adult for their publication. Clause
6 was, therefore, engaged.
13. The
Committee then considered whether the publication of the photographs could be
justified by an exceptional public interest, which was required to over-ride
the normally paramount interests of children under 16. The Committee made clear
that its considerations did not relate to the public interest of publishing the
article in general – but specifically to the issue of whether identifying the
children, through both their names and the photographs, was in the public
interest for the reasons provided by the publication. The Committee
acknowledged the public interest arguments cited by the publication – in
particular the concerns around the mother’s death and the investigation into
it. However, it did not consider that publishing the children’s images or
identities was warranted or justified under the exceptional public interest
required in relation to children for the reasons cited, when balanced against
the potential for intrusion into the children’s lives from identifying them in
the context of these claims. On this basis, the Committee upheld the breach of
Clause 6(iii).
14. With
regards to Clause 2, the children had been identified by the publication of
their names and photographs. The Committee found that the article contained
information over which the children had a reasonable expectation of privacy: it
raised questions regarding their whereabouts, their current life and wellbeing
whilst living with their father, and speculated with regards to the
circumstances of their mother’s death. The Committee found that their
identification, in conjunction with these details, represented an unjustified
intrusion into the children’s privacy. For the reasons set out above, the
Committee did not consider this was justified under the exceptional public
interest required in relation to children and there was a breach of Clause 2 in
relation to the complainant’s children.
15. With
regards to the accuracy of the article, it was presented as an account from the
grandparents’ perspective – their comments were distinguished from fact and
attributed to them by the use of quotation marks and language such as
“claim[ed]” and “said”. The article also clearly characterised what it meant by
the children having disappeared – it stated that they personally were not aware
where the children were, and the article did not report that the children’s
location was unknown to everyone. Where the article made clear that the
children were missing to their grandparents, and where this was attributed as
the opinion and comments of the grandparents, there was no breach of Clause 1
arising from this point of complaint.
16. The
Committee also considered that the article made clear that it was the family
that had questions regarding their daughter’s death and the death certificate –
and sufficiently distinguished these opinions about their daughter’s death from
fact. Whilst the authorities in Pakistan may have found that there were no
suspicious circumstances, this did not mean that the family could not have
their own doubts, and it was not a breach of the Code to report these. There was
no breach of Clause 1 on this point.
17. With
regards to the complainant’s concerns his own privacy had been breached by the
article, the Committee firstly noted he had not been photographed or named in
the article. Rather he was complaining that his privacy had been breached by
the reference to the death of his partner and the use of her name. As above,
the Committee had found that the account was clearly attributed to the
grandparents – and made clear their concerns regarding the circumstances and
the subsequent investigation into their daughter’s death in another country.
The Committee considered that the issues raised by the publication of the
article were in the public interest, for the reasons cited by the publication.
Where the complainant himself had not been named or photographed, and where the
grandparents were entitled to express concerns about matters of potential
public interest, the Committee found that the newspaper was justified in
publishing the account. There was no breach of Clause 2 in relation to the
complainant himself.
Conclusions
18. The
complaint was upheld under Clause 2 and Clause 6.
Remedial
action required
19.
Having upheld the complaint under Clause 2 and Clause 6, the Committee consider
the remedial action that should be required. Given the nature of the breach,
the appropriate remedial action was the publication of an upheld adjudication.
20. The
Committee considered the placement of this adjudication. The adjudication
should be published on the newspaper’s website, with a link to the full
adjudication appearing on the top half of the homepage for 24 hours; it should
then be archived in the usual way. If the article remains online and unamended,
the full text of the adjudication should be added to the article. If the
information which caused the breach is removed, a link to the adjudication
should be published under the headline. The headline to the adjudication should
make clear that IPSO has upheld the complaint, refer to the subject matter and
be agreed with IPSO in advance of publication.
21. The
terms of the adjudication for publication are as follows:
Syed
Abbas complained to the Independent Press Standards Organisation, the press
regulator, that the Mail Online breached Clause 2 (Privacy) and Clause 6
(Children) of the Editors’ Code of Practice in an article headlined “Grieving
parents demand answers over 'mysterious' death of their daughter in a Pakistan
hospital and the disappearance of their grandchildren as they fight to have
youngsters, 10 and 8, returned to Britain”, published on 5 February 2023.
The
article was an account from a couple whose daughter had died in Pakistan, after
having flown there with her two children. It referenced their concerns about
what happened to their daughter and the current wellbeing of their
grandchildren were. The names and the ages of the children were included in the
article, as well as several photographs of the two children.
The
complaint was upheld, and IPSO required the Mail Online to publish this
adjudication to remedy the breach of the Code.
The
complainant was the father of the children. He said that the article had a huge
impact on his children. He said he had not consented to the publication of
images of his children, or their names and ages. This was a breach of their
privacy and the Editors’ Code.
The
Editor’s Code requires that children under 16 must not be interviewed or
photographed on issues involving their own or another child’s welfare unless a
custodial parent or similarly responsible adult consents. The article in this
case clearly involved the children’s welfare – it described their grandparents’
concern regarding their whereabouts, as well as the circumstances in which
their mother had died – and the newspaper accepted it did not have consent from
a custodial parent or similarly responsible adult for their publication. Whilst
IPSO considered that the article raised matters that were broadly in the
public, IPSO did not consider that publishing the children’s photos, or
identifying them, met the test of exceptional level public interest required to
over-ride the normally paramount interests of children under 16. There was a
breach of Clause 6.
IPSO
also found that the publication of the images of the children, along with their
names and ages, in this context, represented an unjustified intrusion into the
children’s privacy.
IPSO
upheld the complaint as a breach of Clause 2 (Privacy) and Clause 6 (Children)
of the Editors’ Code and ordered the publication of this ruling.
Date
complaint received: 09/02/2023
Date
complaint concluded by IPSO: 12/06/2023