After the McCanns

The recent front page apologies to the McCanns have prompted widespread comment about the roles of the courts and the Press Complaints Commission. In fact, the two institutions are – and have always been – complementary in the manner in which they can be used to handle concerns about newspaper and magazine articles.

On this occasion, the McCanns were evidently advised that they had been the subject of gross defamation. The right forum to pursue such a defamation claim – based on the circumstances of this particular case – was undoubtedly the courts. For countless other individuals, the right course of action is, undoubtedly, to come to the PCC (which issued over 1200 rulings in 2007, resolving 480 complaints).

Clause 1 (Accuracy) of the Code is not a watered-down version of the laws of defamation. It sets out that the press must take care not to “publish inaccurate, misleading or distorted information”, whether it impacts on a person’s reputation or not. Complainants come to the PCC because they wish for prompt, confrontation- and risk-free settlement to their concerns. The Commission resolves hundreds of accuracy complaints every year, by obtaining appropriate remedial action incorporating a wide range of remedies (including the odd front page apology).

The cost of failure for a newspaper to comply with the PCC Code – and to satisfy the complainant in the resolution of the complaint – is not measured in terms of financial damages (which can be budgeted for) but of reputational damage (which cannot). Coincidentally, on the same day as the McCann apologies, the Evening Standard was compelled to publish the Commission’s trenchant criticisms for seriously breaching the accuracy clause of the Code. The adjudication, which appeared in full on page 4 (with a front page tease) was of greater length than any apology and constituted a clear statement by the PCC on the importance of accurate reporting. To read the full adjudication, click here:

http://www.pcc.org.uk/cases/adjudicated.html?article=NTAwMQ.

The PCC, of course, does more than just deal with accuracy complaints. Indeed, it was notable that the McCanns’ spokesman, Clarence Mitchell, said the following in a recent radio interview:

“I’m very happy to acknowledge…that the PCC have been very helpful towards Kate and Gerry – they’ve been very pleased with their advice on the more practical aspects of dealing with the press, such as having the constant presence of photographers outside their home and the harassment that was tantamount at times – also the question of privacy for Sean and Amelie, Madeleine’s brother and sister of course, the PCC have been invaluable in assisting and guiding on that”.

The PCC is constantly involved – both in a formal and informal capacity – in offering assistance to individuals and families at the centre of a media storm. Ignorance of this vital work (which necessarily takes place behind the scenes) means that some ill-informed commentators have failed to appreciate all that is done to help “ordinary” people subject to media attention.

One example from many: the family of Garry Newlove (who was murdered last year) came to the PCC through Cheshire Police, concerned that they might be asked to speak to the press in the run-up to, and during, the trial. The PCC passed on their reasonable request to be left alone to representatives of the press and broadcast media. Their wishes were entirely respected, and the police reported the following:

“The desist notice was hugely successful. From that point onwards, the Newlove family did not receive a single direct approach from ANY news media outlet. They were grateful for this respite during the very difficult period of time while the trial was ongoing, and during the Christmas and New Year period as well as the weeks while the verdict was awaited…[it] has been invaluable in providing a traumatised family who suddenly found themselves the centre of huge media and public interest, with the opportunity to grieve in private, and to find the time they needed to gather their thoughts and make sense of the situation they found themselves in.