The Press Ombudsman has upheld a complaint by a man that the Irish Daily Star was in breach of Principle 1 of the Code of Practice for Newspapers and Periodicals (Truth and Accuracy) by publishing a photograph of him to illustrate an article highly critical of another person with the same name, and by refusing to publish an unqualified correction for what it accepted was an error on its part.
A number of other complaints about the article were not upheld.
Although the newspaper accepted that it had mistakenly published the photograph of the complainant, its only offer of redress was accompanied by an insistence that any correction of this most serious error would have to be accompanied by the republication of additional information that would raise controversial past issues concerning the complainant. This offer was turned down by the complainant. The inclusion of such a condition is wholly unacceptable in such a serious case of mistaken identity, and the complainant was entirely justified in refusing to accept it. The complaint under Principle 1 of the Code is therefore upheld.
The complainant also maintained that other material in the article was in breach of Principle 2 of the Code (Distinguishing Fact and Comment) in that the comments in the article were, by implication, also directed at him. The forceful commentary involved was not directed specifically at the complainant but at another person of the same name, and therefore did not breach Principle 2 of the Code.
He also complained under Principle 4 of the Code (Respect for Rights) that the newspaper had not taken reasonable care in checking facts before publication. As there is sufficient evidence to suggest that the selection of the photograph of the complainant was a genuine mistake and that it was published without malice, this complaint is not upheld.
Finally, the complainant maintained that the publication was in breach of Principle 5 (Privacy). The information published in the article was not in respect of the complainant but in respect of another person of the same name, and no breach of Principle 5 of the Code is therefore involved. The breach of the Code in relation to the photograph has already been dealt with under Principle 1.
29 April 2010
The Irish Daily Star appealed the decision of the Press Ombudsman to the Press Council of Ireland.
