Complaint
Mrs Janet French complained about the use of her late daughter’s name and photograph in an article by Olaf Tyaransen in the Evening Herald of 30 January 2008, arguing that the photograph was used to sensationalise the article and that the connection with her late daughter was remote. She complained that the use of her daughter’s name and photograph was in breach of Principle 4 (Respect for Rights), and of Principle 5.3 (Privacy).
The newspaper, while regretting that Mrs French had been upset by the use of her daughter’s photograph to illustrate the article, responded that the article should be read in the context of the continued interest in the extent of cocaine use and attitudes to it in the period after Ms French’s death, that Ms French’s admission of previous recreational drug taking was in the public domain, and that the publication of her photograph was relevant and did not, therefore, involve a breach of the Code of Practice.
Decision
The decision by the newspaper to illustrate the article with a photograph of Ms French primarily reflected the fact that the author of the article referred to her by name in his text. The use of Ms French’s photograph to illustrate the article did not involve the knowing publication of “matter based on malicious misrepresentation or unfounded accusations”, as provided for in Principle 4.
While it is understandable that the re-publication of her daughter’s photograph as an accompaniment to newspaper articles relating to drugs must be deeply upsetting to Mrs French and to her family, the publication of the photograph on this occasion, given the context in which it was used (i.e. to illustrate an article which contained a reference to Ms French) was sufficiently relevant and therefore did not amount to a breach of Principle 5.3.
