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Protecting ordinary people
Free and practical advice
Members
of the public can get caught up in news stories for any number of
unexpected reasons and often have no prior experience of dealing with
the press. Yet unlike organisations or high-profile people they usually
have no recourse to press officers or lawyers for help. The PCC gives
free advice to thousands of people each year who contact us as a story
is breaking for information on how the Code of Practice can work for
them. We give them practical help on a range of problems, such as what
to do at times of grief and shock, how to correct an inaccuracy or whom
to approach at a particular publication. This often ensures that any
potential breach of the Code is averted - or is dealt with by the
editor directly with the complainant, thereby avoiding the need for a
formal complaint to the Commission.
Resolving complaints
When
breaches of the Code do occur, people want them put right as quickly as
possible. Crucially, the culture of resolving complaints that has been
consolidated among newspapers and magazines over the last few years has
encouraged editors to seek to resolve the substantial majority of
complaints that raise a possible breach of the Code. This gives members
of the public the chance to have their grievances dealt with very
quickly, with no need for a lengthy and adversarial legal process.
In
practice, a correction, apology, published letter of correction or
private undertaking from the editor is often far more useful to the
complainant than a full adjudication. Complainants sometimes
understandably do not want further publicity - for instance on delicate
privacy matters - and the PCC's resolutions can easily take account of
this requirement in a way that a public hearing, for example, could
not. Set out here are details of some of the many complaints that were
resolved in 2001 and which underline the manner in which the Commission
negotiates quick, common-sense outcomes of real value to ordinary,
often vulnerable, people.
- The parents of a young boy complained that a prominent regional
newspaper had identified their son as the victim of a crime. The
newspaper recognised that there had been a mistake and investigated how
it had occurred and initiated steps to ensure that the problem would
not recur. It wrote to the complainants to apologise, published a
letter from them and arranged for the family to have a weekend break
together.
- A woman complained that a local newspaper had published a
photograph of her children without her permission. The newspaper
published an apology and gave an assurance that the photographs would
not appear in future articles relating to the news event with which the
family was involved.
- A national newspaper published a photograph of a man with a
well-known entertainer, along with details about the man's private
life. The man did not want any further publicity but the newspaper
wrote to him to apologise, destroyed the photograph and gave the
complainant an ex gratia payment to underline their regret.
- The father of a woman who unexpectedly became the focus of national
news attention complained that a number of newspapers were harassing
her. Some of the papers concerned wrote to apologise while others gave
immediate undertakings not to approach her again. Harassment ceased
almost immediately.
- A woman whose house had been burgled complained that her precise
address had been included in the report of the case, and that this had
made her vulnerable to further thefts. The editor apologised to the
complainant and promised not to publish her address again.
- A woman complained that an interview with a comedian had included
details about her relationship with him. The newspaper apologised to
the complainant and promised to remove her name from its electronic
archives to ensure that she was not included in any future piece.
Adjudicating complaints
Sometimes
it is not possible to resolve a complaint - either because the editor
does not accept that the Code has been breached or because the
complainant considers any offer to be inadequate. In such cases the
Commission takes a formal view about whether it is necessary to censure
the editor and to require him or her to publish a critical adjudication
in full. Set out below are a handful of the cases where the Commission
has adjudicated on complaints from ordinary members of the public in
the past year.
- Two local newspapers seriously breached the Code when they revealed
the identity of a teenage nvCJD sufferer. The Commission has previously
made clear that identification of such people without consent is not
acceptable, and although the newspapers published apologies, the
Commission did not consider that this was a sufficient remedy
considering the gravity of the mistake.
- A woman who sold her house to a well-known actress complained that
a celebrity magazine had used photographs of it - already established
in the public domain - out of context, giving a misleading impression
that she had sold some wedding presents along with her house. The
editor did not accept that the feature was misleading but the
Commission disagreed and upheld the complaint.
- Parents of a young girl who had committed suicide complained that
they had been harassed for an interview by a local newspaper journalist
in the immediate aftermath of the tragedy. In upholding the complaint
the Commission emphasised that the protection of the vulnerable is at
the heart of its work and it considered that the journalist should have
been aware that a more sensitive approach was necessary in these tragic
circumstances.
These are just a few of the complaints that the Commission resolved or adjudicated in 2001.
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