Decision of the Complaints Committee 17394-17 Bramwell v Express & Star
Summary of complaint
1. A
family member of Oliver Bramwell complained on his own behalf, and on behalf of
Mr Bramwell that the Express & Star breached Clause 1 (Accuracy) Clause 2
(Privacy) and Clause 9 (Reporting of Crime) of the Editors’ Code of Practice in
an article published on the newspaper’s website on 4 August 2017.
2. The
article, which was headlined “Cavalry trooper guilty of supplying drug that
cost life of Wolverhampton best friend”, reported that Oliver Bramwell had been
convicted of supplying cocaine to a friend. The article did not name the
complainant, Mr Bramwell’s close family member, but in the opening sentence, it
specified his relationship to Mr Bramwell, and gave his job. The article
reported Mr Bramwell’s street level address.
3. The
complainant said that the article reporting that Mr Bramwell had been convicted
of supplying drugs was published at 10:30am, three and a half hours before the
jury returned a unanimous verdict that he was not guilty, at 1pm that day. He
said that the article was therefore entirely inaccurate. The complainant said
that the article was seen by a number of people, and that even after it was
removed from the newspaper’s website, it appeared in Google search results with
the inaccurate headline for over a week.
4. The
complainant said that although he was not named in the article, by specifying
his distinctive job, and his relationship to Mr Bramwell, he was identified. He
said that the article’s reference to him was a breach of Clause 2 and Clause 9,
as he had no relevance to the story, having never been involved in the court
proceedings in any way. He was concerned that by referencing him, the article
exposed him to a risk of attack; a risk he believed was heightened because of
the nature of his work. The complainant was concerned that the article
contained Mr Bramwell’s street level address.
5. The
newspaper accepted that the article was inaccurate. It explained that a
“holding piece” written ahead of the jury’s verdict had been accidentally
published onto the site in a very unfortunate human error. It said that the
article was not visible on the homepage of the site, that it was not promoted
on social media, and that as soon as the mistake was realised, it was taken
down, four hours after first publication. It said that at this point, the
article was invisible for the vast majority of browsers, but that it contacted
its internet hosts in the USA to ensure it was fully cleared from the last few
servers by 2:49pm on the day of publication. It said that the correct
version of the article, stating that the defendant had been cleared, was
published as the lead story on the homepage, on the same day, accompanied by a
footnote noting the inaccurate first version of the article.
6. The
newspaper said it repeatedly asked for Google to speed up removal of the old
version of the article from its search results, including contacting them by
the online action form, by email, and by telephone. It said that while it
remained in search results on 11 August, its continued requests for removal
were met with an error message, saying that it had already been removed. The
newspaper said that on the same day the article was published, it made a change
so that anybody clicking on the search result on the earlier article would be
directed to the article reporting Mr Bramwell’s acquittal.
7. The
newspaper said that the defendant’s address was provided by the clerk of the
court, from the court papers. In response to the complaint under Clause 9, the
newspaper apologised for the reference to the complainant, and accepted that
there was no wider public interest to justify this. The newspaper offered its
apologies to the complainant in correspondence. It also offered to publish an
apology on the homepage of its website, and while the article did not appear in
the print edition of the newspaper, it offered to publish the apology in the
print edition as well. It said that further training would be given to ensure
that the same mistake did not happen again, and that new systems were in place
to prevent any repeat.
Relevant Code
provisions
8. 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 his or her private and family life, home, health and
correspondence, including digital communications.
ii) Editors will
be expected to justify intrusions into any individual's private life without
consent. Account will be taken of the complainant's own public disclosures of
information.
iii) It is
unacceptable to photograph individuals, without their consent, in public or
private places where there is a reasonable expectation of privacy.
Clause 9
(Reporting of Crime)
i) Relatives or
friends of persons convicted or accused of crime should not generally be
identified without their consent, unless they are genuinely relevant to the
story.
Findings of
the Committee
9. The
publication of a court report before the jury had reached its verdict, wrongly
reporting that a defendant had been convicted of criminal offence, was a
serious failure. The article had been published online by accident. However,
this did not reduce the seriousness of the breach, indeed it underlined the
critical importance of establishing and implementing systems that acknowledge
and address the risk of such an event. The complaint was upheld as a breach of
Clause 1 (i).
10. The newspaper
quickly realised the gravity of the error, and took steps to remedy the
mistake, including prompt removal of the article, and publication of an article
reporting Mr Bramwell’s acquittal on the same day. It was unfortunate that the
inaccurate headline persisted in appearing in Google search results, and the
Committee welcomed the newspaper’s efforts to speed up the process of these
being removed. It also welcomed the newspaper taking action to direct readers
clicking on the links to the article reporting Mr Bramwell’s acquittal. The
newspaper’s offer to publish an apology was clearly appropriate in this case.
While the article had not appeared on the homepage, it was appropriate for the
newspaper to offer to publish the apology on its homepage given the seriousness
of the inaccuracy. This was sufficient action to correct the inaccuracy, and
there was no breach of Clause 1 (ii).
11. Clause 9 of the
Code provides specific protection to relatives and friends of those accused or
convicted of crime from identification, where they are not genuinely relevant
to the story. However, the Committee noted that in a report such as the article
under complaint, which may contain detail about the background of the accused,
family members or friends may well be identifiable to those who know of the
family or chose to seek out further information, even if they are not
explicitly identified. However, there is a public interest in reporting on the background
of those accused of crime. Such reporting assists our understanding of the
context in which crime takes place, including the circumstances of the
defendant. The terms of Clause 9, and what constitutes identification for the
purposes of this Clause, should not be interpreted so broadly as to unduly
restrict the reporting of broader circumstances which have led to a crime being
potentially committed.
12. The Committee
recognised that the complainant may have been identifiable from the brief
reference to his occupation and relationship with Mr Bramwell, to readers who
were already aware of the family or sought additional information, even though
he was not named. The Committee made clear that “identification” under the
terms of Clause 9 is not limited to cases where a person is identified by name.
However, in this case, where the article simply noted the complainant’s
relationship to Mr Bramwell and occupation, and did not otherwise focus on this
relationship, the information contained in the article was not sufficient to
represent identification under the terms of this Clause. The terms of Clause 9
were not engaged.
13. The newspaper had
simply reported Mr Bramwell’s street level address, as it had been given in
open court proceedings. The newspaper was entitled to report this information
in accordance with the principle of open justice, and the Committee noted that
reporting this information contributes to the accurate identification of the
defendant. The Committee did not find a failure to respect the privacy of
either Mr Bramwell or the complainant, and there was no breach of Clause 2.
Conclusions
14. The complaint was
upheld
Remedial
Action Required
15. Having upheld the
complaint under Clause 1, the Committee considered the remedial action that
should be required.
16. The newspaper had
complied with its obligation to correct significant inaccuracies, but given the
seriousness of the breach of Clause 1 (i), the appropriate remedy was
publication of the Committee’s adjudication. The Committee recognised that the
article had not appeared on the newspaper’s homepage, but considered that
publication of the adjudication on the newspaper’s website, without a link
appearing on the homepage, would not be an effective remedy to the breach of
the Code. The Committee therefore required the newspaper to publish the
adjudication on its website, with a link to the full adjudication (including
the headline) appearing on the homepage for 24 hours; it should then be
archived in the usual way. The headline of the adjudication must make clear
that IPSO has upheld the complaint against The Express & Star, and refer to
its subject matter; it must be agreed in advance.
17. The terms of the
adjudication for publication are as follows:
Oliver Bramwell complained to the Independent Press Standards Organisation, via a representative, that the Express & Star breached Clause 1 (Accuracy) of the Editors’ Code of Practice in an article published on the newspaper’s website on 4 August 2017.
The article,
which was headlined “Cavalry trooper guilty of supplying drug that cost life of
Wolverhampton best friend”, reported that the complainant had been convicted of
supplying cocaine to a friend.
The
complainant said that the article had been published three and a half hours
before the jury returned a unanimous verdict that he was not guilty. He said
that the article was therefore entirely inaccurate. The complainant said that
the article was seen by a number of people, and that even after it was removed
from the newspaper’s website, it appeared in Google search results with the
inaccurate headline for over a week.
The newspaper
accepted that the article was inaccurate. It explained that a “holding piece”
written ahead of the jury’s verdict had been accidentally published onto the
site in a very unfortunate human error. It said that the correct version of the
article, stating that the defendant had been cleared, was published as the lead
story on the homepage, on the same day.
IPSO’s
Complaints Committee found that publication of a court report before the jury
had reached its verdict, wrongly reporting that a defendant had been convicted
of criminal offence, was a serious failure. The article had been published
online by accident. However, this did not reduce the seriousness of the breach,
indeed it underlined the critical importance of establishing and implementing
systems that acknowledge and address the risk of such an event. The complaint
was upheld as a breach of Clause 1 (i).
The Committee
welcomed the steps the newspaper took to address the error, but the complaint
was upheld as a breach of Clause 1 (Accuracy) of the Code.
The Committee required publication of this ruling as remedial action for the breach.
Date complaint received: 07/08/2017
Date decision issued: 23/11/2017