Foley and the Irish Daily Star Sunday

The Press Ombudsman has decided not to uphold a number of complaints made on behalf of Mr Martin Foley by his solicitor about an article published in the Irish Daily Star Sunday on 28 February 2010 which featured his attendance at a gymnasium. The complaints were made under Principles 3.2 (Fairness and Honesty) and 5 (Privacy) of the Code of Practice for Newspapers and Periodicals.

Mr Foley’s solicitor complained under Principle 3.2 that his client neither consented to nor was aware that the photographs published in the article were being taken. He also complained that the taking of the photographs breached Principle 5.5. Since no evidence was presented that the photographs were obtained through misrepresentation or subterfuge (as would be required for a breach of Principle 3.2), or that the photographs were taken in a private place (as would be required for a breach of Principle 5.5), these complaints were not upheld.

Mr Foley’s solicitor also complained under Principle 5.1 about the publication of private information about Mr Foley. Principle 5.1 cannot reasonably be extended to prevent the publication of all information about an individual’s personal life and activities, however insignificant. It is unarguable that there can be occasions on which the publication of some personal information about an individual, even though such publication may be unwelcome to and unauthorized by the individual concerned, does not present a breach of Principle 5.1. Each case has to be judged on its merits. On the evidence available, the personal information published on this occasion did not present a breach of Principle 5.1 of the Code.

Mr Foley’s solicitor also complained that publication of the information in the article hurt the feelings of his client’s family, in breach of Principle 5.3 of the Code. Principle 5.3 relates to the seeking of information in situations of personal grief or shock. In those circumstances, publication of the information complained about did not present a breach of Principle 5.3 of the Code.

27 May 2010
 

Mr Foley appealed the decision of the Press Ombudsman to the Press Council of Ireland.