Decision of the Complaints Committee – 29211-20 Hanney v
express.co.uk
Summary of Complaint
1. Jon Hanney complained to the Independent Press Standards
Organisation that express.co.uk breached Clause 1 of the Editors’ Code of
Practice in an article headlined “Car tax changes could force drivers to 'see
their families less' due to heavy costs”, published on 21 November 2020.
2. The article, which only appeared online, reported on
potential changes to the current system of road vehicle taxation. It included comments
made by a named individual, who was identified as being the director of an
electric car firm, and was described within the article as an “expert.” He
stated that, while it was “unclear” what the per mile charge would be, the cost
of car tax changes “could be around 75p per mile which would see a 400-mile
trip costing over £500.” The article also contained a further quote from the
expert, stating that “[f]uel duty is charged at 57.95p a litre on petrol and
diesel vehicles.”
3. The complainant said that the article was inaccurate in
breach of Clause 1. He first said that a 75 per mile charge would equate to a
400-mile trip costing £300 , not £500 as stated by the article. He also said
that, by stating that the suggested charges “may be around the same as fuel
duty for a similar mileage meaning a 75 pence per mile charge” readers may have
been misled into believing that current fuel duty rates are around 75p per
mile. The complainant noted that this was contradicted within the article
itself, which stated that fuel duty is 57.95 pence per litre. He acknowledged
that the errors may have been the error of the quoted expert rather than the
publication, but said that the publication should have taken steps to verify
the information, particularly as, on the face of it, the information was
incorrect and contradictory. The complainant said that he wished for a
correction to be printed, to put the correct position on record.
4. The publication said it did not accept that Clause 1 had
been breached by the article. It said that the expert quoted in the article had
been quoted accurately, and provided a press release which it said the article
was based on; all disputed points of accuracy identified by the complainant
were taken, verbatim, from the press release. It also noted that none of the
quoted experts were presented as fact, with the article making clear that such
charges “could sit around 75p per mile” and that it was “unclear” what the
charges may be.
5. The publication also said that the article made clear
that fuel duty was 57.95 pence per litre, therefore readers would not be misled
into believing it was 75 pence per mile. It said that the latter figure was intended
to be read within the context of the article as a whole, and the comparison to
fuel duty rates was intended to highlight the similarity of the proposed charge
to one drivers would already be aware of.
6. The publication accepted that a 75 pence per mile charge
would not result in “a 400-mile trip costing £300.” It said that the figure
provided to the publication by the expert had been £533, and that this included
costs beyond a potential 75 pence per mile charge, including a 17 pence per mile
charge for electricity, and “additional charges coming from a proportion of the
standard fees that the government are said to be bringing in on top of this per
mile charge.” It said that, since the article’s publication, another motoring
expert had said that potential new taxes could be anywhere between 2 pence and
£1.50 per mile, and noted that the 75 pence figure was in the middle of these
two estimates.
7. While the publication did not accept that the Code had
been breached, it offered to amend the article to make clear that the cost of a
400-mile journey “could” result in a 400-mile trip costing “up to” £500, when
“other fees” were included. The amendments would be accompanied by a
clarification, which would read:
Clarification
An earlier version of this article did not make clear that
the £500 cost for a 400 mile round trip included other fees. We are happy to
clarify this.
8. The complainant said that, regardless of the fact that
the figures quoted in the article came from an “expert” it was the role of the
newspaper to fact-check information prior to publication to ensure the accuracy
of its articles. He noted that the publication had not provided a basis for the
75 pence per mile figure, nor explained what additional fees would lead to a
400-mile trip costing an additional £200.
He said that electricity charges were not charges from the government,
which was the focus of the article; as such he was confused why the publication
had said that these were included as part of their expert’s estimate. He also
said, regardless of the article presenting the charges as possible charges
rather than definite ones, the figures provided in the article were inaccurate.
9. The complainant also said that the publication’s proposed
amendment would not address their concerns, as it did not make clear what
“other fees” were included. He said that he would be willing to resolve his
complaint should the publication set out exactly how it had reached the figures
in the article.
10. The publication amended its proposed clarification, and
offered to instead print the following wording:
In respect of [the named expert]'s estimated calculation of
£533 for the cost of a 400 mile round trip, we are happy to make clear that
this figure includes his predicted figure of 75p per mile, plus the cost of the
electricity at 17p per mile, and a proportion of the standard fees that the
government are said to bringing in on top of this per mile charge.
11. The complainant said that he was not willing to resolve
his complaint on this basis, as the proposed clarification did not make clear
exactly what fees resulted in the £533 figure, nor did it his address his
concerns regarding the use of the 75 pence figure.
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
12. The Committee was satisfied that the newspaper had
accurately reported the original press release from the named “expert.” What
was in dispute was whether the publication had, prior to publication, taken
care over the accuracy of the information provided by him. It noted that the
article made clear that the points of accuracy under dispute were conjecture by
the businessman, and they were clearly presented as such by the use of
quotation marks and by prefacing the conjecture with phrases such as “could
be.” Newspapers are entitled under the terms of Clause 1 (iv) to publish such
conjecture. However, within the quoted individual’s conjecture were claims of
fact – regarding the price of fuel duty and what cost a 400 mile trip would
incur should each mile be charged at a rate of 75 pence per mile - and the
newspaper was required to take care over the accuracy of these claims under the
terms of Clause 1 (i).
13. The Committee noted that, while he was described as “an
expert” in the article, he was a business owner who was offering his opinion on
potential vehicle tax charges. The individual’s position as a business owner
did not mean that the publication had no obligation to verify information
provided by him, where Clause 1 makes clear that the onus to take care over
information included in articles lies with publications.
14. It was not in dispute that the actual cost of fuel duty
was, at the time of publication, 57.95 pence per litre. The Committee noted
that the article included this figure. However, it also noted that the article
said that the new charge could “be around the same as fuel duty for a similar
mileage, meaning a 75 pence per mile.” This clearly implied that the current
fuel duty stood at “around” 75p per mile. These two assessments of fuel duty
differed significantly and it followed that one of the two statements was
inaccurate. The publication did not take any steps to verify the contradictory
information, nor go back to the commentator to clarify what he meant by his
statement that fuel duty was “around 75 pence per mile.” This resulted in the
publication of inaccurate information. It had not taken care over the accuracy
of this statement, and Clause 1 (i) was breached as a result, as the Committee
considered that the statement could mislead readers into believing that the
price of fuel duty was around 75 pence per mile. In the context of a report
about changes to vehicle tax charges, the publication of contradictory
information about current fuel duty charges represented a significant
inaccuracy in need of correction under the terms of Clause 1 (ii).
15. It was not in dispute that a “75p per mile [charge]”
would lead to a journey of 400 miles costing £300 and not £500, as reported by
the article. The Committee noted that the publication referred to other charges
during the investigation which may lead to a trip costing up to £500, however
the article itself did not make clear that the £500 figure included additional
fees not referred to in the text, and that it included costs associated with
running a car such as electricity. For this reason, the Committee found that
the article included misleading information, as it did not explain to readers
how the £500 figure had been reached. The newspaper had not taken care over the
publication of this information: it could not demonstrate that it had taken
steps to clarify the exact nature of the charges. Clause 1 (i) was breached on
this point. The crux of the article under complaint was the potential impact
changes to vehicle taxes may have on drivers. By not making clear how figures
representing the impact of drivers had been reached, the article was rendered
significantly misleading and in need of correction under the terms of Clause 1
(ii).
16. The publication had offered to amend the article and
print a clarification making clear that the £500 had been reached by including
“[the named individual’s] predicted
figure of 75p per mile, plus the cost of the electricity at 17p per mile, and a
proportion of the standard fees that the government are said to bringing in on
top of this per mile charge.” However, the proposed clarification did not
address the inaccurate statement that fuel duty was “around 75 pence per mile”;
as such, the proposed clarification did not address both breaches of Clause 1
(i), and there was further breach of Clause 1 (ii).
Conclusions
17. The complaint was upheld.
Remedial Action Required
18. Having upheld a breach of Clause 1(i) and Clause 1(ii),
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
19. The Committee considered that the publication had not
taken care when reporting on a press release, and this had led to the
publication of inaccurate and misleading information. While the publication had
proposed to amend and clarify the article, the proposed clarification did not
address each inaccuracy. As such, the Committee required that the wording of
the proposed clarification should be amended to address each identified
inaccuracy. A correction was considered to be sufficient, as the publication
had already taken steps to put the correct position on the record and the
article had not adopted the spokesperson’s statements as claims of fact.
20. The Committee then considered the placement of the
correction. It should appear as a footnote to the original online article, and
should not only make clear that the £500 figure included other fees not
specified in the article, but the actual cost of fuel duty. It should state
that it has been published following an upheld ruling by the Independent Press
Standards Organisation. The full wording and position should be agreed with
IPSO in advance.
Date complaint received: 22/11/2020
Date complaint concluded by IPSO: 13/05/21
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