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The Edi ' - The Leveson Inquiry

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~y b<br />

ire, =<br />

-= a cardinal rute that jUatica s;<br />

comp!aints about ¢~.~rt re~o~<br />

riw cy: C, omplainant~ -- Often de<br />

~se i~ which they were involved i~<br />

~ho ds the dght to publish fair, ac~<br />

,"ooE edings and would act on]y i~<br />

tea= h of this pdnciplb.<br />

;utah: If any significant inac~<br />

r CU "rent case, th~ PCc raises th~<br />

,st that it be resolved by a per<br />

SUe ly reserved or disproved.<br />

ack of balance: Complainants s~<br />

~ae wit<br />

h<br />

inadequate Space given<br />

cqu tat verdict. No complaint has<br />

CC nvestigation,<br />

For Distribution to CPs<br />

<strong>The</strong> PCC decided that while the fatner had not achvely consented<br />

to the picture, he and his daughter were making anti-social gestures<br />

at a major sporting event in front of the mass media, t was not<br />

unreasonable to assume he was unconcerned about publ~cabon<br />

Consent was therefore implied. <strong>The</strong> complaint was rejecteo. ~ ~/e<br />

Payment to children: Even where consent is forthcoming, there<br />

coulo be pitfalls -- especially if money is involved. <strong>The</strong> Code puts an<br />

obligation on the press not to make payments to minors -- or their<br />

parents -- unless it is clear y ~n the child’s interest.<br />

Technically, this could mean that a payment to an unscrupulous or<br />

greedy parent, it it were demonstrably not ~n the child’s interest<br />

would be a breach.<br />

Children of the famous: <strong>The</strong> rules apply equally to children of<br />

parents from al! walks of life. <strong>The</strong> rule that made it a breach for a<br />

15-year-old Accrington boy to be approached by a reporter at school<br />

(Livesey v Accrington Observer and Times: Report 30. lgg5 -- see<br />

note in margin) was used to protect Princes William and Harry at<br />

Eton.<br />

While the Princes are public figures m their own r~ght -- and<br />

therefore must expect appropriate publicity -- the same is not true<br />

of the children of most other public figures, wno ere entitled to<br />

normal levels of privacy<br />

<strong>The</strong> Code therefore stipulates that the celebrity or notoriety of the<br />

the public interest to demonstrate poor supervision of the pupils, al<br />

of whom were over 16.<br />

<strong>The</strong> PCC agreed it was legitimate to use the video material to<br />

spotlight classroom conditions -- but ,t was not necessary to identify<br />

the pupils, It upheld the complaint against the weekly newspaper,<br />

but rejected complaints against two national tabloids that had used<br />

the material without identifying the students. (G~d,"~L~ ¯ r~mmon<br />

<strong>The</strong>re was no ouestion of parents consent when a topless<br />

photograph of a 14-year-old girt appeared in a lad’s magazine’s<br />

gallery of mobile phone shots sent in by readers <strong>The</strong> magazine’s<br />

clarence that the girl looked older and that they believed her to be<br />

living with the parson who submitted the picture, did not impress the<br />

PCC. tt said the magazine had not taken adequate care to establish<br />

the provenance of the photograph or whether it was appropriate to<br />

publish it. d:, cou~i~,, w FHM ;na~az!~e, ~2e~ort 75, 2¢,~(~7~<br />

A local newspaper fell into e similar trap when it pubNcisad a<br />

charity event while relying solely an information from the fundraiselt<br />

It pictured a 16-year-aid boy and a girl of 14, saying they were botl*<br />

seriously ill end that the girl suffered from e muscle-wasting disease<br />

But the girl’s mother said the paper had ignored her request to<br />

contact her prior to publication. In fact. her daughter was not<br />

seriously itl and was only giving moral support to the boy, who was<br />

her cousin. <strong>The</strong> PCC upheld her complaints of intrusion into a child’s<br />

7:’G05)<br />

Implied consent: A father complained when Zoo magazine<br />

published, without consent a photograph of him and his 1g-yearelo<br />

oaughter making Offensive gestures on the terraces of Old<br />

Trefford following Chelsea’s defeat to Liverpool in the FA Cup. <strong>The</strong><br />

father said the picture ridiculed his daughter and should have been<br />

oixillated<br />

A story revealing that Euan Blair had applied for a place at Oxford<br />

University was also ruled to be an unnecessary intrusion, with no<br />

exceptional public interest. ~f~ [)~ ! %d~Wr~"/. ~;!;ur<br />

20d2<br />

But s national tabloid’s story about former Education Secretary<br />

Ruth Kelly sending one of her chiidren to a private school for pupils<br />

with learning difficulties did pass the PCC’s public interest test,<br />

an attempt to concentrate on the legitimate public debate about<br />

a Minister removing her child from the state education system, the<br />

news 0aper haa nameo Ms Ke ty but not revealed the name, sex or<br />

age of the child, nor identified his new school. <strong>The</strong> story was about<br />

the parents -- one of whom had been responsible for national<br />

education policy -- and not the child, <strong>The</strong> complaint was rejected<br />

Sheltered lives: <strong>The</strong> extent to which parents keep children out of<br />

the limelight should also be taken into account. <strong>The</strong> PCC has said it<br />

is difficult to protect any individual once they begin to acquire a public<br />

profile in their own right.<br />

<strong>The</strong> author J. K. Rowiing ned gone to great lengths to protect the<br />

privacy of her eight-year-old daughter, wno was nonetheless pictured<br />

In a magazine while on a private beach on holiday <strong>The</strong> complaint<br />

was upheld because the unsolicited publicity would affect the chiid’s<br />

welfare and the picture was published only because of the fame of<br />

her mother (RowSing v ©Kt ’~#ac~zin~: ;~et*orz 55. 200I~<br />

" ,oc Ore U~-<br />

parent cannot be a sole justification for publishing details of the Pictures which do net seed consent: However, not aH pictures of<br />

private lives of children, children need consent -- only those that involve the welfare of the<br />

Tony end Cherie Blair complained about a story containing child, or whiah are taken in a pfivate place. <strong>The</strong> PCC has ruled that<br />

Cases<br />

aolUOlcalea<br />

oefore 1996<br />

are availau~e<br />

In nero-copy<br />

formal from<br />

me PCC On<br />

application to<br />

Tents Milton<br />

Inforrnallon<br />

and EvenL ~<br />

Manager, on<br />

,:n:~= ~:’,, o~;<br />

MAD100036599

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