ANNUAL REPORT 2015 THE PRESS COUNCIL OF IRELAND AND THE OFFICE OF THE PRESS OMBUDSMAN EXIST TO SAFEGUARD AND PROMOTE PROFESSIONAL AND ETHICAL STANDARDS IN IRISH NEWSPAPERS, MAGAZINES AND ONLINE NEWS PUBLICATIONS. BIRDS EYE VIEW cover image by Ramsey Cady /Sportsfile Supporters watching on during the game. All photographs used in this Report were taken by members of the Press Photographers Association of Ireland and featured in their 2016 Awards. Photographs were previously published in our member publications. We are grateful for permission to reproduce these images in our Annual Report. TABLE OF CONTENTS 02 Introduction 20 The Press Council of Ireland 04 Chairman’s Report 23 Finance Report 06 Statistics 24 Member Publications 10 Press Ombudsman’s Report 28 Code of Practice 15 How Complaints are Handled INTRODUCTION PRESS COUNCIL OF IRELAND The Press Council of Ireland is responsible for the oversight of the professional principles embodied in the Code of Practice, and with upholding the freedom of the press. It operates with the support and cooperation of member publications and journalists. It decides on appeals from decisions of the Press Ombudsman and on complaints referred to it directly by the Press Ombudsman. It is independent of both government and media. OFFICE OF THE PRESS OMBUDSMAN The Office of the Press Ombudsman receives complaints from members of the public and seeks to resolve them by conciliation or mediation to the satisfaction of everyone concerned. Where conciliation or mediation is not possible, the Press Ombudsman will make a decision on the complaint based on the Code of Practice. 02 THE RISING by Mark Condren / Independent Newspapers Tour guides from the “1916 Freedom Tour” passing Government Buildings during programme launch in 2015 CHAIRMAN’S REPORT The Press Council and the Office of the Press Ombudsman have now been in existence for nine years. During this time these institutions have acquired significant status and recognition operating as they do within the private sector but in the public interest. Having served two terms as Chair of the Press Accepting as we do that voluntary regulation Council the time has come for me to hand is the best guarantee of the maintenance and over to someone else. The number and calibre defence of best professional practice, it is of applicants for the recently advertised post nonetheless clear that there are still important of Chair show that our system is here to stay areas of publishing that are effectively and has assumed a valued role in Irish society. unregulated. This is reinforced by the number of applicants responding to a similar advertisement for new I am referring principally to the web-based members of the Council which amounted to publishing activities of the broadcasting over one hundred. operations. Their broadcasting operations are regulated by the Broadcasting Authority Key ingredients of the success of the system have of Ireland, their publishing operations are been the involvement from the beginning of the not regulated by anyone. This means that if a National Union of Journalists and the continuing member of the public wishes to complain about support of member publications, at arm’s length something published online by a broadcaster from our independent operations and decisions. there is no independent complaints handling process available. It is now more important than ever, given the multiplicity of internet and social media sources, This is a matter which could usefully be that the core characteristics of the newspapers considered by the government in the context and web-based publications which have signed of the current review of the 2009 Defamation up to the Code of Practice - authenticity, Act, which established the mechanism for public verifiability, and accountability - are maintained recognition of the Press Council and Press and reinforced so they can maintain a vital service Ombudsman. The relevant Oireachtas Committee to democracy and to the public. could perhaps also usefully be involved. The Press Council and the Press Ombudsman, for their part, 04 FROZEN DAWN by Daragh McSweeney / The Irish Times Early morning frost and snow-covered fields at Inchigaggin Lane, Cork City. would of course be more than willing to meet the And, of course, recourse to the Press Ombudsman relevant Oireachtas Committee to contribute to and the Press Council of Ireland is still, and will a discussion on the freedom and responsibility of remain, fast, fair and free, thereby providing the press in Ireland today. for many the most appropriate response to any situation in which members of the public That review could also encompass an examination believe that something has been published of the structure of defamation legislation. which breaches the Code of Practice of the Press This is because - while I yield to no-one in my Council of Ireland. support of the Press Ombudsman and Press Council structure - citizens’ access to the law is a vital part of our democracy, but the present defamation law can too readily have a chilling effect on the freedom of the press. Is it not time, for instance, to consider whether a decision on whether or not anything is defamatory should DÁITHÍ O’CEALLAIGH be left to juries, but the amount of any damages should be a matter for judicial assessment? Chairman 05 STATISTICS IN 2015, A TOTAL OF 278 COMPLAINTS WERE RECEIVED. THEY WERE PROCESSED AS FOLLOWS: DECIDED BY THE PRESS OMBUDSMAN INSUFFICIENT EVIDENCE OF A 34 (SEE PAGE 7 FOR BREAKDOWN) 1 POSSIBLE BREACH OF THE CODE RESOLVED TO THE SATISFACTION COMPLAINT NOT PURSUED 18 OF THE COMPLAINANT 79 BY COMPLAINANT These were cases where the complainant was 3 LIVE AT END 2015 given the contact details for the publisher, together with advice on the Code of Practice and how to make a complaint, but decided CONSIDERATION POSTPONED DUE not to pursue the matter further with the 7 TO LEGAL PROCEEDINGS Office after the initial contact. Some of these complaints may subsequently have been satisfactorily resolved following the 3 CLOSED/ WITHDRAWN submission of the complaint directly to the editor of the publication concerned. OUTSIDE REMIT 133 (SEE PAGE 8 FOR BREAKDOWN) 06 PUBLICATIONS leading to complaint 153 NATIONAL NEWSPAPERS 278 ( PRINT AND ONLINE ) LOCAL NEWSPAPERS 29 ( PRINT AND ONLINE ) 11 ONLINE-ONLY NEWS PUBLICATIONS 4 MAGAZINES 19 NON-MEMBER PUBLICATIONS 62 NOT INDICATED BY COMPLAINANT COMPLAINTS decided by Press Ombudsman 34 10 UPHELD 15 NOT UPHELD SUFFICIENT REMEDIAL ACTION 5 OFFERED OR TAKEN BY PUBLICATION INSUFFICIENT EVIDENCE TO 4 MAKE A DECISION COMPLAINTS referred directly to the Press Council of Ireland by the Press Ombudsman 2 2 NOT UPHELD 07 APPEALS considered by the Press Council 19 15 NOT ALLOWED 3 ALLOWED 1 OTHER COMPLAINTS outside the remit of the Office 133 42 MISCELLANEOUS 36 UNAUTHORISED THIRD PARTY These were complaints from a person who was not personally affected by an article, or from a person who complained about an article written about another person, but without that person’s permission to make a complaint. 21 OUT OF TIME All information in relation to a complaint must be submitted within three months of publication of the article under complaint. PUBLICATION NOT A MEMBER OF 19 THE PRESS COUNCIL All national newspapers, most local newspapers, many magazines and some online-only news publication are members. 11 OTHER REGULATORY AUTHORITY These were for the Broadcasting Authority of Ireland or the Advertising Standards Authority of Ireland. 4 USER GENERATED CONTENT (UGC) These are comments posted online by readers, usually at the bottom of articles. 08 PRINCIPLES OF CODE OF PRACTICE CITED BY COMPLAINANTS 2015 2014 1. TRUTH AND ACCURACY 6. PROTECTION OF SOURCE 46% 0.6% 29% 0% 2. DISTINGUISHING FACT AND COMMENT 7. COURT REPORTING 11% 5.4% 4.2% 4.6% 3. FAIR PROCEDURES AND HONESTY 8. PREJUDICE 6.7% 7.9% 4.9% 32.2% 4. RESPECT FOR RIGHTS 9. CHILDREN 4.2% 4% 3% 12.9% 5. PRIVACY 10. PUBLICATION OF THE DECISION OF THE PRESS OMBUDSMAN/PRESS COUNCIL 13.7% 8.4% 0.5% 0.8% Complainants often cite a breach of more than one Principle of the Code of Practice in their complaints. The full text of the Code is published on pages 28 and 29. 09 PRESS OMBUDSMAN’S REPORT Every year the most commonly cited Principle in complaints is Principle 1 (Truth and Accuracy). In 2015 almost half of all complainants (46%) referred to Principle 1. Principle 5 (Privacy) was the second largest cause for complaint (13.7%). Principle 3 (Distinguishing Fact and Comment) was the third largest cause of complaint (11%). On a number of occasions I had to decide on Commentators have the right to express their complaints about opinion pieces or commentary strongly held and at times provocative opinions. published in newspapers. Some of those who Complainants can cite any of the Principles of complain about this kind of journalism do so on the Code of Practice in their complaints, but in the basis of their disagreement with the opinions complaints about opinion pieces it is Principle found in the articles. However, disagreement with 8 that is most often cited. This Principle states the views of commentators is not, in itself, sufficient that the press cannot publish material intended grounds for a complaint to be upheld. A complaint or likely to cause grave offence or stir up hatred can only be upheld when the opinion piece or against an individual or group on the basis of a commentary presents evidence of a possible breach number of defined criteria. If the press cannot of one or more of the Principles of the Code of publish strongly held opinions there is a likelihood Practice of the Press Council of Ireland. that those seeking to be informed, entertained and provoked by opinion pieces will move to new Opinion pieces play an important media where there is the perception that there is less control of what is published.