Mrs D Howarth of Nottinghamshire complained that a photograph, illustrating an article in the Sunday Magazine (News of the World) on 13 October 1996, included her young daughter and gave her forename in the caption in breach of Clause 4 (Privacy) of the Code of Practice. The article referred to the murders and manslaughter committed by a close relative featured in the picture.

The magazine apologised for any distress. While it was a tragedy for families to live through such publicity, reference in the article to the child was brief and the photograph, supplied by the parents of one victim, was entirely relevant.

The Commission noted that the magazine had sensibly checked with the court to see if any legal restrictions were in place. However, the Code is intended to provide protection for particularly vulnerable groups - such as children - over and above that afforded by the law.

In this case, the Commission believed that the magazine should have sought the consent of the responsible parent before publishing the picture of the child. It had not done so, and there was - as a result - an intrusion into her privacy at a vulnerable age.

The complaint was upheld.