How to make a complaintabout a newspaper

or magazine

What is the Office of the Press Ombudsman?

The Office of the Press Ombudsman ispart of the independent regulatorysystem for the print media. Its aim is to provide readers with a quick, fairand free method of resolving anycomplaints they may have in relationto newspapers and magazines that aremembers of the Press Council ofIreland about possible breaches of theCode of Practice for Newspapers andMagazines.

The Office of the Press Ombudsmanreceives complaints from members ofthe public. It considers whether theypresent prima facie evidence of abreach of the Code of Practice, andseeks to resolve them, by conciliationor mediation, to the satisfaction ofeveryone involved. If the complaintcannot be resolved in this way, it isreferred to the Press Ombudsman for adecision on whether or not the Codeof Practice has been breached.

What is the Code of Practice forNewspapers and Magazines?

The Code of Practice is a set of ten Principles to which memberpublications of the Press Council havemade a binding commitment. TheCode protects both the rights of theindividual and the rights of the pressitself, which are exercised on behalf ofthe public. The Code of Practice isprinted in full on pages five to seven.

What can I complain about?

You can complain about any articlethat personally affects you and hasbeen published within the previousthree months in a newspaper ormagazine that is a member of thePress Council of Ireland. This includesall daily and Sunday newspapers, theIrish editions of UK newspapers,provincial and regional newspapers,and Irish-published magazines. Youcan also complain about the behaviourof a journalist if you feel that thisbehaviour involves a breach of theCode of Practice. All information inrelation to a complaint must reach uswithin three months of the date ofpublication of the article, or of the dateit was uploaded online, or of thebehaviour taking place.

Is it free?

Yes. Making a complaint to the PressOmbudsman is absolutely free.

What is the Press Council of Ireland?

The Press Council of Ireland is the bodythat appoints the Press Ombudsman.It takes decisions in cases referred to itby the Press Ombudsman. It alsodecides on appeals from decisions ofthe Press Ombudsman.

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Do I have to be personallyaffected by the article orbehaviour?

Yes, you have to show that you havebeen personally affected by the articleor behaviour in question.

Can I make a complaint on behalfof another person?

Yes, but only with their express writtenpermission to do so, which must beprovided at the time you make yourcomplaint.

How do I make a complaint?

You should check the article againstthe Code of Practice. If you believethat the article, or behaviour of ajournalist, about which you want tocomplain breaches one or more of itsprovisions, you should first make awritten complaint directly to the editorof the publication.

If you are not happy with the responseyou receive from the editor, or if youdo not receive a response from theeditor within a reasonable period oftime - say, two weeks - you can thensubmit a formal complaint to ourOffice.

Your formal complaint must:

• Be in writing and be submittedwithin three months of the dateof publication of the article, or ofthe date it was uploaded online,or of the behavior taking place ifyour complaint is about ajournalist

• Clearly indicate which Principle orPrinciples of the Code of Practiceyou feel has been breached andwhy

• Be accompanied by a datedcutting of the article concerned,or a scanned version which clearlyshows the date of publication (ifthe complaint is about an article)

• Be accompanied by copies of anycorrespondence between youand the editor of the publication

You can submit your complaint byletter, by email, or by completing ouronline complaints form atwww.pressombudsman.ie

Please note that if you make acomplaint by email or online you mustsupply us with the relevant articleeither in hard copy form within sevendays, or as an attachment or link to theemail.

You may contact this Office beforemaking a complaint if you are unsureabout any aspect of our procedures.

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Can the Office of the PressOmbudsman decline to considera complaint?

A complaint cannot be considered if:

• The complaint does not fall withinthe Code of Practice as it does notpresent prima facie evidence of abreach of the Code

• The complaint is the subjectmatter of legal proceedings

• You are not personally affected bythe article or behaviour

• All information about thecomplaint required by ourprocedures is not submittedwithin the three months timelimit

• A third party named in the articlehas not given their writtenconsent to a complaint beingmade on their behalf

How are complaints resolved?

The Office of the Press Ombudsmanwill, in the first instance, attempt toresolve the matter by making directcontact with the editor of thepublication concerned. It will outlineyour complaint to the editor and seekto resolve it by a process of conciliationor mediation. This process should nottake more than about six weeks fromthe date of receipt of your complaint.

If a resolution to the complaint is notpossible, the Press Ombudsman willexamine the case in detail and make aformal decision. He also has the option

of referring some significant orcomplex cases to the Press Council ofIreland for decision.

If the Press Ombudsman decidesin my favour, what happens next?

The publication concerned will berequired to publish that part of thePress Ombudsman’s decisionupholding your complaint with dueprominence and in accordance withour publication guidelines. Thedecision will also be published on ourwebsite.

Can I appeal a formal decision ofthe Press Ombudsman?

Yes. To lodge an appeal either partymust state grounds and showreasonable cause, either in relation tosignificant new information, or to anyerror in procedure or in the applicationof the Principles of the Code of Practice.Mere disagreement with the Press Ombudsman’s decision is not groundsfor appeal. Your appeal must be lodgedwith the Press Council within twoweeks of the Press Ombudsman’sdecision. The Press Council will first ofall decide on the admissibility of theappeal and, if the appeal is admitted, onthe appeal itself.

If your appeal against a decision of thePress Ombudsman not to uphold yourcomplaint is successful, the publicationwill have to publish the Press Council’sdecision.

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Code of Practice forNewspapers andMagazines

Preamble

The freedom to publish is vital to theright of the people to be informed. This freedom includes the right of anewspaper to publish what it considersto be news, without fear or favour, andthe right to comment upon it.

Freedom of the press carriesresponsibilities. Members of the presshave a duty to maintain the highestprofessional and ethical standards. This Code sets the benchmark for those standards. It is the duty of theOmbudsman and Press Council toensure that it is honoured in the spiritas well as in the letter, and the duty ofpublications to assist them in that task.

In dealing with complaints, theOmbudsman and Press Council willgive consideration to what theyperceive to be the public interest. It isfor them to define the public interest ineach case, but the general principle isthat the public interest is invoked inrelation to a matter capable of affectingthe people at large so that they maylegitimately be interested in receivingand the press legitimately interested inproviding information about it.

Principle 1 – Truth and Accuracy

1.1 In reporting news andinformation, newspapers andmagazines shall strive at all times fortruth and accuracy.

1.2 When a significant inaccuracy,misleading statement or distortedreport or picture has been published, itshall be corrected promptly and withdue prominence.

1.3 When appropriate, a retraction,apology, clarification, explanation orresponse shall be published promptlyand with due prominence.

Principle 2 – Distinguishing Factand Comment

2.1 Newspapers and magazines areentitled to advocate strongly their ownviews on topics.

2.2 Comment, conjecture, rumour andunconfirmed reports shall not bereported as if they were fact.

2.3 Readers are entitled to expect thatthe content of a publication reflects thebest judgement of editors and writersand has not been inappropriatelyinfluenced by undisclosed interests.Wherever relevant, any significantfinancial interest of an organisationshould be disclosed. Writers shoulddisclose significant potential conflictsof interest to their editors.

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Principle 3 – Fairness and Honesty

3.1 Newspapers and magazines shallstrive at all times for fairness andhonesty in the procuring andpublishing of news and information.

3.2 Publications shall not obtaininformation, photographs or othermaterial through misrepresentation orsubterfuge, unless justified by thepublic interest.

3.3 Journalists and photographersmust not obtain, or seek to obtain,information and photographs throughharassment, unless their actions arejustified in the public interest.

Principle 4 – Respect for Rights

Everyone has constitutional protectionfor his or her good name. Newspapersand magazines shall not knowinglypublish matter based on maliciousmisrepresentation or unfoundedaccusations, and must take reasonablecare in checking facts beforepublication.

Principle 5 - Privacy

5.1 Privacy is a human right,protected as a personal right in theIrish Constitution and the EuropeanConvention on Human Rights, which is incorporated into Irish law. Theprivate and family life, home andcorrespondence of everyone must berespected.

5.2 Readers are entitled to have newsand comment presented with respectfor the privacy and sensibilities ofindividuals. However, the right toprivacy should not prevent publicationof matters of public record or in thepublic interest.

5.3 Sympathy and discretion must be shown at all times in seekinginformation in situations of personalgrief or shock. In publishing suchinformation, the feelings of grievingfamilies should be taken into account.This should not be interpreted asrestricting the right to report judicialproceedings.

5.4 Public persons are entitled toprivacy. However, where a personholds public office, deals with publicaffairs, follows a public career, or hassought or obtained publicity for hisactivities, publication of relevantdetails of his private life andcircumstances may be justifiable wherethe information revealed relates to thevalidity of the person’s conduct, thecredibility of his public statements, thevalue of his publicly expressed views oris otherwise in the public interest.

5.5 Taking photographs of individualsin private places without their consentis not acceptable, unless justified bythe public interest.

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Principle 6 – Protection ofSources

Journalists shall protect confidentialsources of information.

Principle 7 – Court Reporting

Newspapers and magazines shall striveto ensure that court reports (includingthe use of photographs) are fair andaccurate, are not prejudicial to the rightto a fair trial and that the presumptionof innocence is respected.

Principle 8 – Prejudice

Newspapers and magazines shall notpublish material intended or likely tocause grave offence or stir up hatredagainst an individual or group on thebasis of their race, religion, nationality,colour, ethnic origin, membership ofthe travelling community, gender,sexual orientation, marital status,disability, illness, or age.

Principle 9 – Children

9.1 Newspapers and magazines shalltake particular care in seeking andpresenting information or commentabout a child under the age of 16.

9.2 Journalists and editors shouldhave regard for the vulnerability ofchildren and in all dealings withchildren, should bear in mind the ageof the child, whether parental or otheradult consent has been obtained forsuch dealings, the sensitivity of thesubject-matter, and what circumstancesif any make the story one of publicinterest. Young people should be freeto complete their time at schoolwithout unnecessary intrusion. Thefame, notoriety or position of a parentor guardian must not be used as solejustification for publishing details of achild’s private life.

Principle 10 – Publication of theDecision of the PressOmbudsman/ Press Council

10.1 When requested or required bythe Press Ombudsman and/or the PressCouncil to do so, newspapers andmagazines shall publish the decision inrelation to a complaint with dueprominence.

10.2 The content of this Code will bereviewed at regular intervals.

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Press Council of Ireland1, 2 & 3 Westmoreland Street, Dublin 2

Telephone: 01 648 9130 Fax: 01 674 0046

Email: info@presscouncil.ie www.presscouncil.ie

Office of the Press Ombudsman1, 2 & 3 Westmoreland Street, Dublin 2

Telephone: Lo-call 1890 208 080 Fax: 01 674 0046

Email: info@pressombudsman.ie www.pressombudsman.ie