A Person and Independent.ie

The Press Ombudsperson has decided not to uphold a complaint from a person who stated that Independent.ie had breached Principle 5 (Privacy) of the Code of Practice. The article concerned, published in April 2024,  was a court report which recorded that the person had pleaded guilty in the District Court to theft from a former employer.  They had no previous convictions. The judge applied the Probation Act.

The person complained that Independent.ie had published their photograph and other identifying information and said this had invaded their privacy, was damaging to them, and was in breach of Principle 5 of the Code.  They asked for the article to be taken down. The publication responded that Principle 5 states that “… the right to privacy should not prevent publication of matters of public record or in the public interest” and that nothing in the Principle “should be interpreted as restricting the right to report judicial proceedings”.  

Decision

Principle 5 is clear, and the situation is as stated by the publication.  The information published was presented in a public court and is a matter of public record.  The report is a fair and accurate account of the proceedings.  The photograph of the complainant was taken in a public place in keeping with normal practice in court reporting. There is no breach of Principle 5, and no onus on the publication to remove the article.

5 July 2024