Mr O’Reilly complained that the publication of his photograph was a breach of Principle 1 because, he believed, it was taken in Store Street Garda Station. Because no indication was given in the article as to where the photograph was taken, and the complainant did not contest the assertion that the photograph was of him, the location at which the photograph was taken is, in this instance, irrelevant to Principle 1, and the complaint is therefore not upheld.
Mr O’Reilly also complained under Principle 4 that the editor should have taken reasonable care in checking facts before publishing photographs of unknown origin. The only care required under this Principle in relation to this photograph is the level of care required to ensure that the photograph was of the complainant. As this is not disputed, the complaint is not upheld.
No decision can be made about two further complaints under Principles 3 (Fairness and Honesty) or 5 (Privacy) because there was no conclusive corroborative evidence supplied by either party to either prove or disprove the complainant’s assertion that the photograph was obtained through misrepresentation, that the photograph was taken in a private place, or the newspaper’s denial of these assertions.