What can I complain about?

You can complain about any article that personally affects you and has been published within the last three months, in a newspaper or magazine, that is a member of the Press Council of Ireland, if you think that it breaches the Code of Practice for Newspapers and Magazines. These include:

• All daily and Sunday newspapers
• The Irish editions of UK newspapers
• Most provincial and regional newspapers, and
• Many Irish-published Magazines

You can also complain about any article that you think offends against good journalistic practice to the extent that it amounts to a breach of the Code of Practice.  However, if the article concerned refers to a particular individual or individuals, you have to get their written consent for your complaint.  Otherwise it cannot be considered. 

You can also complain about the behaviour of a journalist if you feel that this behaviour involves a breach of the Code.

How do I make a complaint?

You should in the first instance write a letter of complaint to the editor of the publication concerned. Writing directly to the editor can often be the quickest and easiest way to get a complaint resolved.  Keep a copy of your letter, and of any reply you receive. If you do not receive a prompt reply (say, within two weeks), or if the reply you receive is unsatisfactory, then you can contact us.

How long do I have to make a complaint?

All information in relation to a complaint must reach us within three months of the date of publication of the article, or of the date it was uploaded online, or (if the complaint is about the behaviour of a journalist) of the behavior taking place . This means that within three months of the date of publication of the article in question, or of it being uploaded online, or of the behavior taking place, you must have written directly to the editor, and sent us a copy of any correspondence you have had with him or her, together with a copy of the article, and a letter telling us how and why you feel the article or behavior breaches the Code of Practice. Complaints received outside this timeframe, or without this documentation, cannot be considered.

The following is a useful checklist:

• Is your complaint in writing?
• Have you indicated which provision of the Code of Practice you feel has been breached and why?
• Is your complaint accompanied by a dated cutting of the article concerned, or a scanned version which  clearly shows the date of publication (if the complaint is about an article)?
• Have you enclosed copies of your letter to the editor of the publication and of any reply you may have received?
• If you are not personally affected by the article, do you have the written permission of any person named in the article to make a complaint on their behalf? 

You can make your complaint online, by email, or by letter. If you make your complaint online or submit it by email, you must send us the relevant article either in hard copy form within seven days, or as an attachment or link to the email.
 

Do I have to be personally affected by the article or behaviour?

Yes, you have to show that you have been personally affected by the article or behaviour in question.

Can I make a complaint on behalf of another person?

Yes, but only with their express written permission to do so.

Is it necessary to engage a solicitor?

No. While you are free to engage the services of a solicitor, this may prolong the process and involve you in unnecessary expense. This is because engaging a solicitor may result in the publication engaging its own legal advisers, so that the entire complaints process becomes more complex and unnecessarily drawn out. Our advice is to make the complaint directly to the Office of the Press Ombudsman (after having taken it up in writing with the editor) and, if you require any assistance or advice in doing this, contact the office directly and speak to a member of our staff.

Are any expenses involved?

No. The services of the Press Ombudsman are free to all parties.

Can I get financial compensation from the publication?

No - not through this Office.  The Office of the Press Ombudsman is not empowered to consider or make recommendations or decisions about financial matters in relation to complaints.
 

How is my complaint processed?

Step 1

When the Office of the Press Ombudsman receives your complaint, along with a copy of the article you are complaining about, we will assess your complaint to decide whether it is valid, and whether we can investigate it. We may not be able to investigate your complaint if:
 

• The complaint does not fall within the Code of Practice as it does not present prima facie evidence of a potential breach of the Code.
• The complaint is the subject matter of legal proceedings.
• You are not personally affected by the article or behaviour.
• All information about the complaint required by our procedures is not submitted within the three months time limit.
• A third party named in the article has not given their written consent to a complaint being made on their behalf.

Step 2

If we decide that your complaint is valid and may raise a possible breach of the Code of Practice, we will consider it.

First, we will send a copy of your complaint, with any supporting information you may have included, to the editor of the publication concerned. We initially seek to resolve the matter quickly by a process of conciliation, which will involve acting as a facilitator between you and the editor to see whether a mutually satisfactory resolution of the complaint can be achieved. This will all be done on a completely confidential basis. There are a number of ways by which a satisfactory resolution might be achieved including, for instance, by the publication of an agreed correction, clarification, or apology, by the publication of a letter from you, by the publication of a further article, or by a private letter from the editor to you. The editor, if he or she feels that your complaint has some merit, might well suggest alternative ways of dealing with the complaint that could satisfy you.

This conciliation process will usually take about six weeks. However, it may take slightly longer if it involves more detailed or lengthy exchanges between the parties. The aim of the Office is to secure agreement on a resolution to the complaint if at all possible, and the normal time-frame can be flexible to allow for this.

Throughout the complaints process we will keep you informed and let you know how your complaint is progressing. A member of our staff will be available to discuss your case at any stage.

What happens if agreement cannot be reached?

If agreement on a solution cannot be achieved, the Press Ombudsman will examine your case in detail. He will review all of the circumstances of the case, including any offer made by the publication to resolve the complaint, and make a decision.

He may, at this stage, exercise his option of referring your complaint to the Press Council of Ireland for decision. However, this generally happens only in a small number of significant or complex cases. Most complaints are decided on at this stage by the Press Ombudsman himself.

The Press Ombudsman’s decision can take several forms

• He can decide to uphold a complaint.
• He can decide not to uphold a complaint.
• He can decide that an offer made by the publication is, in all the circumstances of the particular complaint, sufficient remedial action by the publication concerned to resolve the complaint.
• He can decide that there is insufficient evidence available to him to make a decision on the complaint.

He will give his reason or reasons for any decision he makes.

If the Press Ombudsman upholds your complaint, the publication concerned will be obliged to publish that part of his decision upholding your complaint with due prominence, and a copy of the decision will be placed on our website. Publications are required to publish decisions in accordance with the Publication Guidelines of the Press Council of Ireland, which can be accessed here.

While we will usually publish the names of the parties involved, If you would prefer to remain anonymous, you may request when making your complaint, that your name is not included in any published decision.

If the Press Ombudsman finds that there has been no breach of the Code of Practice, or that the publication involved has already taken or offered to take sufficient action to resolve the matter, no further action will be taken. This will normally be the end of the matter.

Can there be an appeal against a decision by the Press Ombudsman?

Either party can appeal a formal decision of the Press Ombudsman to the Press Council of Ireland.   Any appeal must be made to the Press Council of Ireland, 1, 2 & 3 Westmoreland Street, Dublin 2; fax: 01-6740046; email: chairman@presscouncil.ie, within ten working days of the date of the decision.
 
Appeals are considered under one or more of the following grounds:

• that there has been an error in procedure;

• that significant new information is available that could not have been or was not made available to the Press Ombudsman before he made his decision;

• that there has been an error in the Press Ombudsman’s application of the Principles of the Code of Practice.

You should therefore clarify in your appeal which of these grounds are relevant and you should provide appropriate evidence and arguments to support the appeal.

Mere disagreement with the decision of the Press Ombudsman is not a sufficient ground for appeal.

The Press Ombudsman has no function in relation to appeals.