Parents and the Irish Daily Star

Complaint

The parents of the child concerned, who was involved in a civil action for damages, complained that the publication of a photograph of their child that accompanied the court report was in breach of Principle 9 of the Code of Practice.

The newspaper responded that the issue involved was the right of the media to report on matters conducted in open court, and that as there were no legal restrictions preventing full reporting of this case they were fully entitled to report as they did.

Decision
The adoption of the Code of Practice has created a new situation in which legality, custom and practice are not the sole considerations now governing press coverage of children. Principle 9 requires journalists and editors to take particular care in this area, to have regard for the vulnerability of children, and in all dealings with children to bear in mind the age of the child, whether parental or other consent has been obtained for such dealings, the sensitivity of the subject-matter, and what circumstances if any make the story one of public interest.

Given the vulnerability of the very young child concerned in the circumstances of this particular civil case, and the other important recommendations of Principle 9, the complaint under this Principle about the publication of the photograph is upheld.

Two other complaints about the same article were not upheld.

The parents also complained that the material published was in breach of Principle 2 (Distinguishing Fact and Comment) and Principle 5.2 (Privacy).   As there was no evidence that the material in question was in breach of Principle 2, this part of the complaint is not upheld. Principle 5.2 states that the right to privacy should not prevent publication of matters of public record. As the civil court case in which the child was involved was a matter of public record, the reporting of the child’s name and address did not breach Principle 5.2 of the Code of Practice.

The Irish Daily Star appealed the decision of the Press Ombudsman to the Press Council of Ireland.