A Man and the Irish Independent
Complaint
A man complained that an article published in the Irish Independent on 30 July 2008 was a breach of Principle 8 of the Code of Practice (Incitement to Hatred). The article was a report and a commentary on a protest by an American gay rights lobby about a television advertisement that had appeared on British television. The commentary included the words “benders” and “furious fairies,” and said that gay people had “got their leather chaps in a twist” about the advertisement.
The newspaper responded that the journalist had no intention to offend, to be homophobic, or to incite hatred. It further argued that the article was merely an ironic comment on political correctness, and that it was protected under that part of the Preamble to the Code of Practice which defends “the right of a newspaper to publish what it considers to be news, without fear or favour, and the right to comment on it.”
Decision
The Preamble to the Code of Practice cannot be a blanket cover for any potential breach of Principle 8. Nonetheless, the article, in the view of the Press Ombudsman, was not intended or likely to stir up hatred within the meaning of Principle 8 of the Code of Practice. The evidence required to support such a finding must necessarily be more substantial than in this case.
The article’s attack on political correctness is not an issue. A press code which outlawed attacks on political correctness would make the world a poorer place. The test in relation to Principle 8 is whether the Press Ombudsman takes the view that an ironic intent is a sufficient defence under the Preamble to the Code of Practice, where grave offence has undoubtedly been caused.
In this case, the view of the Press Ombudsman is that the journalist’s purported irony was fatally compromised by his use of inherently offensive homophobic language. The complainant’s contention that the article breached Principle 8 of the Code of Practice in respect of the grave offence caused is therefore upheld.
11 September 2008
The newspaper appealed the decision of the Press Ombudsman to the Press Council of Ireland.