Mr O’Donnell appealed the Press Ombudsman’s decision on the grounds (a) that the procedures followed in making the decision were not in accordance with the published procedures for submitting and considering complaints and (b) that there had been an error in the Press Ombudsman’s application of the Principles of the Code of Practice.
Mr O’Donnell said that the procedures followed in making the decisions were not in accordance with the published procedures for submitting and considering complaints because the Press Ombudsman had failed to make a decision on his complaint that the article failed to distinguish fact from comment, and that he had failed to make a decision on his allegation of prejudice against the O’Donnell family by the Irish Independent.
Mr O’Donnell also cited twelve instances where he claimed that there had been an error in the Press Ombudsman’s application of the Principles of the Code of Practice.
The Press Council considered Mr O’Donnell’s appeal at its meeting on Wednesday, 7 September 2022, and decided to reject the appeal on each of the grounds cited.
Appeal Decision
The Press Council rejected the appeal that the procedures followed in making the decision were not in accordance with the published procedures for submitting and considering complaints. It decided that it was clear from the Press Ombudsman’s decision that he did consider the issues raised, and that his decision referred to each ground of the complaint that fell for consideration under the Code of Practice.
The Press Council rejected the appeal that the Press Ombudsman had erred in his application of the Principles of the Code of Practice on the basis that Mr O’Donnell did not demonstrate any evidence of an error in the application of the Code of Practice by the Press Ombudsman in regard to any of the points he had raised. It decided that the Press Ombudsman’s reasoning on each of these points as set out in his decision was persuasive.