Fr Michael Hussey and the Irish Mail On Sunday

The Irish Mail on Sunday on 13 July 2014 published an article under the headline “Priest wants ‘fat mile’ for overweight joggers”.  The article referred to a ‘no doubt tongue-in-cheek missive’ in a parish newsletter that urged councils “to introduce a fat mile to allow overweight people to jog out of public view”.  The views which were described as “humorous musings” were attributed to the parish priest of Castlegregory in Co Kerry, Fr Michael Hussey, though it was acknowledged that the newsletter article had no by-line or name attached.  The Irish Mail on Sunday article quoted extensively the newsletter‘s comments about middle-aged men and women joggers wearing ill-fitting sportswear.  Reference was then made by the Irish Mail on Sunday to another newsletter from the same parish which had described President Michael D Higgins as “king of the Irish fairies” and Queen Elizabeth as “Lizzie”.  The article claimed that Fr Hussey had got into “hot water” over these remarks.  The article was accompanied by a small close-up photograph of Fr Hussey’s face.

Fr Hussey posted a registered letter of complaint to the newspaper querying the use of his photograph, seeking information about some of the material published and challenging the accuracy of the article. Fr Hussey’s complaint alleged breaches of three Principles of the Press Council of Ireland’s Code of Practice for Newspapers and Magazines,   Principle 1 – Truth and Accuracy, Principle 2 – Distinguishing Fact and Comment and Principle 4 – Respect for Rights 

The Irish Mail on Sunday failed to acknowledge or reply to Fr Hussey’s complaint.  Fr Hussey then made a formal complaint to the Press Ombudsman’s office. In his complaint to the Press Ombudsman Fr Hussey claimed breaches of Principle 3 - Fairness and Honesty and Principle 5 – Privacy  in regard to the publication of the photograph of him, which he asserted was taken “during a private religious service with a grieving family in their home”. He claimed the use of the photograph was an invasion of privacy and “given the sensitivity of the occasion” in “pretty bad taste”.

He went on to complain that Principles 1, 2 and 4 of the Code had been breached in regard to the remarks attributed to him about over-weight joggers and President Michael D Higgins as “the parish newsletter was created by five people”  and his name was “not attached to any document bearing  the ... sentiments”  expressed nor had he made “any public utterance declaring the  ... sentiments”.  He also complained that these Principles were breached by the reference to him being in “hot water” .

Fr Hussey’s complaint to the Press Ombudsman was forwarded to the Irish Mail on Sunday.  The newspaper responded to the complaint  by highlighting that it was “striking and significant” that Fr Hussey in his complaint to the newspaper and to the Press Ombudsman had not denied authorship of the remarks about joggers or the President.  The newspaper asserted that it had received information from sources that Fr Hussey was the author of both of the parish newsletter remarks referred to in the newspaper.  The newspaper further stated that the Diocese of Kerry had distanced itself from the President Michael D Higgins remarks and that this justified the claim that Fr Hussey was “in hot water”. 

In regard to Fr Hussey’s complaint about the use of the photograph that accompanied the Irish Mail on Sunday article the newspaper responded by saying that the “photograph had appeared in the national media  previously, without complaint from him” and that the newspaper was entitled to reproduce it.

Finally, the Irish Mail on Sunday offered, if Fr Hussey confirmed that he was not the author of the newsletter pieces referred to in the newspaper article, to publish a correction, the wording of which would be agreed with the Press Ombudsman’s office.  Fr Hussey did not accept this offer by the newspaper.

Before giving reasons why Fr Hussey’s complaint is not upheld the Press Ombudsman would like to express  concern at the failure of the Irish Mail on Sunday to respond to the registered letter of complaint sent by Fr Hussey to the newspaper.   The failure to respond to complaints undermines public confidence in newspapers’ commitments to participate in meaningful complaints procedures.  It can be appreciated that letters of complaint can get lost or mislaid, but in this instance a registered letter was ignored and this should not have happened.

Fr Hussey’s complaint can, in essence, be broken down into three issues.  The Press Ombudsman’s adjudication deals with these separately.

1.   Use of Photograph

Addressing Fr Hussey’s complaint about the use of the photograph, whatever the original source of the photograph or how the Irish Mail on Sunday obtained it, the cropped close up of Fr Hussey’s face that accompanied the article could not be identified as having been taken at a grieving family occasion, as there was no person visible other than Fr Hussey nor was there an identifiable background. The Press Ombudsman can therefore find no evidence that the publication of the photograph breached Principles 3 or 5 of the Code.

2.   Authorship of Articles in Parish Newsletter

The second issue that needs to be addressed is the complaint by Fr Hussey that Principles 1, 2 and 4 of the Code had been breached by the Irish Mail on Sunday when it claimed that he was the author of the two pieces published in the parish newsletter.  The Irish Mail on Sunday submission in response to the complaint points out that at no point does Fr Hussey state unambiguously that he is not the author of these two pieces.  Fr Hussey’s claim is that the newsletter is the creation of five people.   The newspaper offered to publish a correction in regard to this matter if Fr Hussey stated that he was not the author of the two pieces.  Fr Hussey declined this offer.  In regard to this particular part of Fr Hussey’s complaint the offer of the publication of a correction is judged to have been an offer of sufficient remedial action to resolve the complaint made under Principles 1, 2 and 4 of the Code.  It is in addition the view of the Press Ombudsman that it was not unreasonable for the newspaper to regard Fr Hussey as the author as the newspaper because in its submission it points out that Fr Hussey is the parish priest of Castlegregory and it was reasonable to assume that the newsletter was either written by him or, at the very minimum, he accepted responsibility for its contents.

3.   Expression In Hot Water

The final part of Fr Hussey’s complaint that needs to be addressed is the use of the expression “in hot water” which the complainant claims is a breach of Principles 1, 2 and 4 of the Code.  The Press Ombudsman can find no breach of Principles 1 or 2.  The most relevant Principle to consider in regard to this part of the complaint is Principle 4. This Principle states that a person has a constitutional protection for his or her good name and that newspapers must take reasonable care in checking facts. Fr Hussey in his submission to the Press Ombudsman denied that he was in hot water with the Church authorities.  He argued that to be in hot water it is necessary that there has to be an “infringement of law, duties, etc.”  However a less serious interpretation of the expression is also possible, that someone’s activities or opinions are criticised. The remarks about President Michael D Higgins as published in the parish newsletter had certainly been criticised.  Therefore the Press Ombudsman believes the use of the expression “in hot water” was justified and there was no breach of Principle 4 of the Code.

The complaint is not upheld.

 

16 September 2014