The Edi ' - The Leveson Inquiry

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For Distribution to CPs interfered with the shopkeeper’s ability to conduct his arguments freely in public -- and could have been incompatible with his rights Wee it reasonable to believe ~hat publication Or journalistic aativiLy to free express on. ~Corr,~wafi Ceur~ ~ Cou~zf~ ~ the P~cke~ v.meld have served the public intwist’t: The Pcc would require a full Fstmou~n: Re~or 7#, 2007J explanation showing that the grounds Were genuine and sound in the circumstances. Ceutd the information have been obtained by ether means? A if ctandestine methods, subterfuge, he.secant or payments t0 key test of the validity of the public interest defence is whether the Criminals or witnesses are involved, could the in~rmati0h have been information could have been obtained without intrusion or other obtained by ethermeans? breach, This applies particularly in cases involving clandestine is ~he i~formstioe in the p~bli¢ dome e, er ksly te be¢0ma s0? listening devices, subterfuge, harassment, or payments to witnesses if children ere invotved, is the public interest in peblication or criminals. exceptional? caution is needed when publishing images of people receMng ~Y ~:~L~ G~ ~/~ v Manchester E~en;r~g r,~;w~ R~:~; 43 ~8 medical treatment, even in public places ~cw~ v ~//,~:~.,~i~ Jeurh~ d~P~o~t 46 !~9 ~ However, the newspaper’s speedy action in taking down the ,~ ~ womm~ v [,~ ~ t,ews :~cr~smoutb (Re~o~1 6~ 20 ~ material and ape og s rig, was a proportionate remedy. IY~.~H~a~~ v ~ ~ c v Reedri ~ ~(veni~-io Po~ ~/t~e~;ort 37 ~7~ Upholding freedom of sx:pression: Council officers using a 15year-o~a soy in an undercover "sting’ operation to curb alcohol sales to underage customers complained when an angry shopkeeper’s CCTV image of him appeared in a local paper. They claimed this infringed his privacy and rights as a child under the Code. But the shopkeeper, whose staff sold the soy alcohol, wanted to demonstrate publicly that he looked at least 18 The PCC rejected the complaint. It said that the boy’s welfare wasn’t thvo~ved and the story of possible entrapment rested entirely on his phys~cel appearance. To have found that the picture breached the Code would have cs~e~ ~ Fhe 8~t free ~52 2~00 _ r~,~, ~ ~e~ end bytes}s, B~i’ se~;a~isst or" ~er}o~t 43. !9g~ Earle £)~}/ty 7efe£;aph Re,or t~/ @gq Newspaper a~ ~ag~i~e P~b|~shi~g In the UK Editors’ Code of Practice 2~7 The Press Complaints Commission is charged with enforctn 9 the following Code of Prac#ce which was framed by the newspaper and periodical industry and was ratified by the PCC on 13 June 2007 to include changes which took effect from I August 2007. AH members of the press have a duty te maintain the interference with freedom of e~preesion or prevents highest professional standards. The Cede, which publication in the public interest. includes this :,;ee~c*~ and the pubtic interest eEeeptione below, sets the benchmark for those ethicet standards, protecting beth the rights of the individae~ and the public’a right to know. Bt is the cornerstone of the system of self-regu~ation to which the indestry has made s binding commitment, it is essential that an agreed code be henoered ~et only to the letter bet in ~he ful! spirit. ~t sheatd not be interpreted so narrowly as to compromise its commitment te respect the rights of the individual, nor so broadly that it constitutes an ennecessary it is the responsibility of editors and publishers te apply the Coda to editorial materiel in beth printed and online versions of publications. They should take care te ensure it is observed rigorously by all editorial staff and eztsrnal contributors, including non-journalists, in p tinted and online versions of publications. Editors should so-operats swiftly with the PCC in the resoietlon of co~plaints. Any peblicatian judged te have breached the Code mast print the edjudicatio~ in full and with due prominence, including headline reference to the PCC. MOD100036659 84
i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures, ii) A significant inaccuracy, misleading statement or distortion once recagnised must be corrected~ promptiy and with due prominence, and -- where appropnata -- an apology published. tit) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture end fact. iv) A publication must report faidy and accurately the outcome of ar. action for defamation re which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published. A fair opportunity for reply to inaccuracies must be given when reasonably called for. For Distribution to CPs ~i) They must not persist in questioning, telephoning, pursuing or photographing individuals once asked to desist; nor remain on their property when asked to leave end must not follow them. If requested, they must identity themselves and whom they represent. iii) Editors must ensure these pdnciptes are observed by those working for them and take care not to use non--compliant material from other sources. i) In cases involving personal grief or shock, enquiries and approaches must be made with sympathy and discretion and publication handled sensitively This should not restrict the right to report legal proceedings, such as inquests. =it) When reporting suicide, care should be taken to avoid excessive oletail about ~e method used. i) Everyone is entitled to respect for his or her private and family life, i) Young people should be free to complete their time at school without home, health and correspondence, including digital communications, unnecessary intrusion. ]i) Editors will be expected to justify intrusions into any individual’s it) A child under 16 must not be interviewed or photographed on issues private ire without consent. Account will be taken of the involving their own cr another child’s welfare unless a custodial complainant’s own public disclosures of information, parent or similarly responsible adult consents. iii) It is unacceptable to photograph individuals in pdvata places without iii) Pupils must not be approached or photographed at school without their consent, the permission of the school authorities. Note Pdvete places are public or private property where there is a iv) Minors must not be paid for matadal involving children’s welfare, nor reasonable expectation of privacy parents or guardians for matadal about their children or wards, unless it is clearly in the child’s interest. "~8¢~ffe~ v) Editors must not use the fame, notoriety or position of a parent or ii) Journalists must no~ engage in intimidation harassment or persistent guardian as sole justification [or publishing details of a child’s private pursuit, life. There may be excepbons re the clauses marked ~ where they can be demonstrated to be in the pubfic interest. ~.-~ C-Z~.8~ ;" 8 1. The press must not. even if legally free re do so, identify children under 16 who are victims or witnesses in cases involving sex offences, 2. ~n any press report of a case involving a sexua~ offence against a child - i) The child must not be identified. ii) The adult may be identified. iii) The word "incest" must not be useo where a child victim might be identified iv) Care must be taken that nothing in the report implies the relationship between the accused and the child, i) Journalists must identify themselves and obtain permission from a responsible executive before entering non-public areas of hospitals or similar institutions to pursue enquiries. it) The restrictions on intruding into privacy are particularly re~evant to enauiries about individuals in hospitals or simBar institutions. intercepting privata or mobile telephone calls, messages or emaBs; or by the unauthorised remeva~ of documents or photographs; or by accessing digitalty-he~d pdvata information without consent Engaging In misrepresentation or subterfuge, including by agan~.s or intermediaries, can generally be justified only in the public interest and then only when the mataria~ cannot be obtained by other means. The press must not identify victims of sexual assault or publish materia~ ~ikely to contdbute to such identification unless there is aoesuate justification and they are legally free to do so. i) The press must avoid prejudicial or pejorative reference to an individual’s race, colour, religion, gender, sexue~ orientation or re any physica~ or mental illness or disability. it) 9etai~s of an individual’s race, co]our, religion, sexual orientation: physical or mental iHnees or disability must be avoided unless genuinely relevant to the story. i) RetalJves or friends of persons convicted or accused of crime should not generally be identified without their consent, unless they are i) Even where the law does not prohibit it, journalists must not use for genuinely relevant to the story, their own profit financial information they receive tn advance of its it) Particular regard should be paid to the potentially vulnerable position general publication, nor should they pass such information to others. of children who witness, or are victims of, crime, This should not it) They must not wdta about shares or securities in whose performance restrict the right to report legal proceedings, they know that they or their close families have a significant financial interest without disclosing the interest to the editor or financial editor. 0 ~fieSt~@ g~V~8 ~3d ~[3~;~J~ ill) They must not buy or sell, either directly or through nominees or ) The press must not seek to obta n or publish material acquired by agents, shares or securities about which they have wdtten recency or using hidden cameras or clandestine listening devices; or by about Which they intend to wdte in the near future. There may be exceptions fo the clauses marked ~ where they can be demonstrated to be in the public interest, MOD100036660 85
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