French and the Irish Mail on Sunday

The newspaper appealed the Press Ombudsman’s decision of 10 April 2008 that the manner of the reports of the circumstances of Ms French’s death constituted a breach of Principle 2.1 (Distinguishing Fact and Comment) and Principle 5.3 (Privacy).

The Press Council, at its meeting on 6 June 2008, decided to hear the appeal on the grounds that substantive issues regarding the interpretation of the Principles in question had been raised.

The newspaper contended that all the details it reported were confirmed to the satisfaction of the Editor in Chief by a number of different sources, but these sources wished to remain anonymous, and the newspaper, under Principle 6 of the Code of Practice, had to respect that wish.

It was the judgement of the Press Council that, when a news story is based on unofficial sources which cannot be named and whose accounts have not been, or cannot be, verified, the story cannot be reported as if it were established fact, and the basis for it must be made clear from the outset. In the article in question, the headlines, early paragraphs and the use of the word ‘definitive’ to describe the account all conveyed the impression that the details being presented were established fact. The basis for the story should have been plainly set out at the beginning, and the Press Council decided that failure to do this was a breach of Principle 2.1 of the Code.

The Press Council upheld the decision of the Press Ombudsman in respect of Principle 2.1. The Council also decided to uphold the decision of the Press Ombudsman in respect of Principle 5.3.