Decision of the Complaints Committee – 17450-23 A woman v Greenock Telegraph
Summary
of Complaint
1. A
woman complained to the Independent Press Standards Organisation that Greenock
Telegraph breached Clause 1 (Accuracy), Clause 2 (Privacy), Clause 4 (Intrusion
into grief and shock), Clause 9 (Reporting of crime) and Clause 11 (Victims of
sexual assault) of the Editors’ Code of Practice in an article published in
2023.
2. This
decision is written in general terms, to avoid the inclusion of information
which could identify a victim of sexual assault.
3. The
article reported on a petition hearing where a defendant who was charged with
sexually assaulting two people was granted bail. The article listed a number of
sexual assaults against both of the alleged victims and gave the addresses for
several, including that one occurred in a “flat” and ranges of dates when the
assaults were said to have taken place. It also contained other details of the
charges. The defendant was named in the article.
4. A
similar version of the article appeared online.
5. The
complainant, one of the alleged victims, said the article was in breach of
Clause 11. She said the level of detail included in the article could easily
identify the alleged victims, especially due to the locations of street
addresses and dates, which together allowed some readers to associate the
addresses with the complainant. The complainant also noted some of the dates
listed in the article were during Covid-19 where restrictions on visits to
residential addresses were in place, which she said revealed the relationship
between the victims and the accused. She said that immediately after the
publication of the article she, and others close to her, had been contacted by
seven or eight people to ask whether the article referred to her family. During
the course of the few weeks it took IPSO to investigate this complaint, the
number continued to rise.
6. The
complainant said the article breached Clause 2 by revealing that she and
another member of her family were victims of sexual assault, information she
said they had an expectation of privacy over. She also said the article was in
breach of Clause 2 because it reported on specific and intimate details of the
charges. She also said it was in breach of her privacy because it reported on
the family’s residential addresses; the dates in which they had lived there;
and the other family member’s age. The complainant said the hearing had taken
place in private, and at this stage the charges would not have been made
public. She said the information could only have been accessed through an
officer of the court.
7. The complainant
said that the article was inaccurate in breach of Clause 1 because it had
explained the defendant had been released but had omitted the geographical
restrictions of the conditions of bail, giving the misleading impression he
could go to places he was banned from.
8. The
complainant also said the article was in breach of Clause 9 because she alleged
it identified other family members of the victims by virtue of identifying the
two victims.
9. The
complainant also said the article was in breach of Clause 4, as it intruded
into her grief and shock by identifying the victims and by including the
intimate details of the charges.
10. The
publication denied a breach of Clause 11. It said that the “average reader”,
who had no prior knowledge of the case, the alleged victims or the accused,
would not be able to establish the identity of the alleged victims, and as such
no “jigsaw identification” could have taken place. It said that specific
addresses were not given in the article, rather they were simply street level.
It said that the fact some of the dates cited took place in lockdown was
“neither here nor there”. The publication said what has been reported came
directly from the charges contained within court papers, and these details were
highly likely to be contained within a future indictment prior to the accused's
trial. It noted that the alleged victims were not named in either article,
however, the accused was. It said taking the complaint to its logical
conclusion would mean that naming the accused could lead to the identification
of the alleged victims.
11. The
publication did not accept a breach of Clause 2. It said the details of the
charges came from the actual charge against the accused. It said these details
were in the public domain because they were accessible to the press through an
officer of the court. The publication additionally said these details were
highly likely to feature in a future indictment which will be made public
through the calling of the case in open court for both a preliminary criminal
hearing and a trial at the High Court.
12. The
publication also disputed it had breached Clause 4. As the publication did not
accept the article had identified the complainant, it refuted the suggestion
that the article had breached Clause 4 through identification. It also said the
details in the article were the same or similar to the detail that would be
given in a resultant public indictment.
13. The
publication also did not accept a breach of Clause 9 as it considered that all
the details of the case in the article would be included in the resultant
indictment.
14. The
publication did not accept a breach of Clause 1. It said the information about
the bail conditions in the article was accurate; the article did not state the
defendant could go anywhere he was not permitted. It said as the hearing took
place in private the publication was not aware of that specific restriction on
the defendant’s bail and even if it were aware, it would not be able to report
it.
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 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 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.
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.
iii)
Editors should generally avoid naming children under the age of 18 after arrest
for a criminal offence but before they appear in a youth court unless they can
show that the individual’s name is already in the public domain, or that the
individual (or, if they are under 16, a custodial parent or similarly
responsible adult) has given their consent. This does not restrict the right to
name juveniles who appear in a crown court, or whose anonymity is lifted.
Clause
11 (Victims of sexual assault)
The
press must not identify or publish material likely to lead to the
identification of a victim of sexual assault unless there is adequate
justification and they are legally free to do so. Journalists are entitled to
make enquiries but must take care and exercise discretion to avoid the
unjustified disclosure of the identity of a victim of sexual assault.
Findings
of the Committee
15. It
is a principle of open justice that court proceedings may be reported by the
media in an open and transparent way. Nonetheless, the terms of Clause 11
impose strict constraints on court reporting of cases involving victims of
sexual offences in recognition of their exceptionally vulnerable position.
16. The
Committee first considered Clause 11. It did not accept the publication’s
argument that it was not possible to identify the victims from the details
included in the article. It considered the inclusion of the dates and locations
of the assaults, as well as the nature of the charges, and other details of the
circumstances of the alleged crimes, revealed the identity of the alleged
victims to a circle of people known to them. The Committee stressed that Clause
11 at no point specified that identification could only be to an “average
reader” with no knowledge of anyone involved in the case; it considered that
this defence by the newspaper demonstrated a fundamental lack of understanding
of how the Clause worked as well as the wider principle of “jigsaw
identification”. The combination of the failure to adhere with the Clause as
well as the demonstrable lack of understanding as to how the Clause worked
meant the Committee found an egregious breach of Clause 11. The Committee also
had strong concerns about the publication’s conduct during the investigation.
In particular, the Committee was concerned that the publication had not
recognised the seriousness of the concerns raised during the investigation.
17. Both
the Editors’ Code and the law protect the anonymity of people making
allegations of sexual assault. In these circumstances, the complainant and the
other alleged victim had a reasonable expectation of privacy in relation to
this highly sensitive information. The inclusion of the identifying details
about the complainant and the other alleged victim in the article represented
an unjustified intrusion into their private lives, and a breach of Clause 2 of
the Code.
18. The
Committee turned to the complainant’s concerns under Clause 4 (Intrusion into
grief or shock) and Clause 9 (Reporting of crime). Although it had deep
sympathy for the complainant, and accepted the article had caused her deep
distress, it noted both Clauses 4 and 9 specifically stipulate they do not
restrict the right to report legal proceedings. Where the information in the
article was disclosed as part of legal proceedings, there was no breach of
either Clause.
19. The
Committee considered the complainant’s concerns that the article was inaccurate
as it omitted a reference to the geographical restrictions of the conditions of
bail, whilst stating that the defendant had been released. Where it was not
inaccurate that the complainant had been released, and the article did not
state that the complainant was present, or allowed to be present, in the region
he was banned from, the Committee did not consider the article to be inaccurate
on this point. There was no breach of Clause 1. Conclusion
20. The
complaint was upheld under Clause 11 and Clause 2.
Remedial
Action required
21. The
Committee considered the placement of its adjudication. In exercising its
powers to determine the nature, extent and placement of a remedy to a breach of
the Code that it has established, the Committee will have regard to a number of
factors including the seriousness of the breach, its placement within the
article, and its prominence. The Committee is also obliged to act proportionately.
22. Having
upheld the complaint under Clause 11 and Clause 2, the appropriate remedy was
the publication of an adjudication.
23. In
light of the seriousness of the breach and an apparent lack of understanding by
the publication of the seriousness of the issue and the application of Clause
11 (Victims of sexual assault), the Committee also recommended the publication
undergo training by IPSO on the relevant parts of the Editors’ Code, to support
its editorial standards in this area.
24. The
Committee considered the placement of the adjudication. The print article had
featured on page four. Given the egregious nature of the breach and the lack of
any action taken by the publication to remedy it, the Committee considered a
reference to the upheld ruling should be published on the front page of
newspaper. This should direct readers to page two, where the adjudication
should be published in full, and be clearly distinguished from other editorial
content.
25. The
adjudication should also be published online, with a link to this adjudication
(including the headline) being published on the top 50% of the publication’s
homepage for 24 hours; it should then be archived in the usual way. A link to
the adjudication should be published as a footnote correction with an
explanation that the article had been amended following the IPSO ruling. The
publication should contact IPSO to confirm these amendments it intends to make
to the online material to avoid the continued publication of material in breach
of the Editors’ Code of Practice.
26. The
headline to the adjudication should make clear that IPSO has upheld the
complaint, reference the title of the newspaper and refer to the complaint’s
subject matter. The headline must be agreed with IPSO in advance.
27. The
terms of the adjudication for publication are as follows:
A woman
complained to the Independent Press Standards Organisation, the press
regulator, that Greenock Telegraph breached Clause 2 (Privacy) and Clause 11
(Victims of sexual assault) of the Editors’ Code of Practice in an article
published in 2023.
The
complaint was upheld, and IPSO required Greenock Telegraph to publish this
adjudication to remedy the breach of the Code.
The
article reported on a petition hearing where a defendant who was charged with
sexually assaulting two people was granted bail. The article listed a number of
sexual assaults against both of the alleged victims and gave the addresses for
several, including that one occurred in a “flat” and ranges of dates when the
assaults were said to have taken place. It also contained other details of the
charges. The defendant was named in the article.
The
complainant, one of the alleged victims, said the article was in breach of
Clause 11. She said the level of detail included in the article could easily
identify the alleged victims, especially due to the locations of street
addresses and dates, which together allowed some readers to associate the
addresses with the complainant. The complainant also noted some of the dates
listed in the article were during Covid-19 where restrictions on visits to
residential addresses were in place, which she said revealed the relationship
between the victims and the accused. She said that immediately after the
publication of the article she, and others close to her, had been contacted by
seven or eight people to ask whether the article referred to her family. During
the course of the few weeks it took IPSO to investigate this complaint, the
number continued to rise.
The
complainant said the article breached Clause 2 by revealing that she and
another member of her family were victims of sexual assault, information she
said they had an expectation of privacy over. She also said the article was in
breach of Clause 2 because it reported on specific and intimate details of the
charges. She also said it was in breach of her privacy because it reported on
the family’s residential addresses; the dates in which they had lived there;
and the other family member’s age. The complainant said the hearing had taken
place in private, and at this stage the charges would not have been made
public. She said the information could only have been accessed through an
officer of the court.
IPSO did
not accept the publication’s argument that it was not possible to identify the
victims from the details included in the article. It considered the inclusion
of the dates and locations of the assaults, as well as the nature of the
charges, and other details of the circumstances of the alleged crimes, revealed
the identity of the alleged victims to a circle of people known to them. IPSO
stressed that Clause 11 at no point specified that identification could only be
to an “average reader” with no knowledge of anyone involved in the case; it
considered that this defence by the newspaper demonstrated a fundamental lack
of understanding of how the Clause worked as well as the wider principle of
“jigsaw identification”. The combination of the failure to adhere with the
Clause as well as the demonstrable lack of understanding as to how the Clause
worked meant IPSO found an egregious breach of Clause 11.
Both the
Editors’ Code and the law protect the anonymity of people making allegations of
sexual assault. In these circumstances, the complainant and the other alleged
victim had a reasonable expectation of privacy in relation to this highly
sensitive information. The inclusion of the identifying details about the
complainant and the other alleged victim in the article represented an
unjustified intrusion into their private lives, and a breach of Clause 2 of the
Code.
IPSO
also had strong concerns about the publication’s conduct during the
investigation. In particular, IPSO was concerned that the publication had not
recognised the seriousness of the concerns raised during the investigation.
Date
complaint received: 12/03/2023
Date
complaint concluded by IPSO: 06/06/2023