Smith and the Irish Daily Star

Complaint

Mr Smith agreed to be interviewed by a journalist from the newspaper because he had been a witness to events associated with the kidnapping of Madeleine McCann in Portugal. He had agreed to the interview on the explicit condition that no photograph of him would be taken or published – a condition he says the journalist concerned agreed to. When the article was published it was accompanied by a large photograph of Mr Smith taken the day after the interview without his consent. He asserted that this was a breach of Principle 3.2 (Fairness and Honesty) of the Code of Practice.

No formal response to the complaint was submitted by the newspaper.

Decision

The newspaper’s action in taking and publishing a photograph of the complainant was a clear breach of an agreement arrived at voluntarily between the newspaper’s reporter and the complainant. The newspaper did not offer any evidence to contest the complainant’s assertion in this regard. Publishing the photograph was therefore in breach of Principle 3.2. In the circumstances, a brief, swift, frank apology, in accordance with the spirit and letter of the Code of Practice, would have been appropriate.

The newspaper appealed the decision of the Press Ombudsman to the Press Council of Ireland.

2 July 2008