French and the Irish Mail on Sunday Review

Complaint

An article on the international drugs trade into Ireland in the Irish Mail on Sunday Review on 17 February 2008 entitled “From Colombia to Katy” featured a photograph of the late Katy French. A paragraph in the article stated that Ms French’s death “was brought on by eight hours of partying, taking cocaine and drinking champagne and Red Bull” and that “she was taken to hospital foaming at the mouth and was thought to have suffered eight heart attacks.” Mrs Janet French’s complaint about this article maintained that the headline and the use of a photograph of her daughter was a breach of Principle 4 (Respect for Rights). She also maintained that the paragraph of text about her daughter breached Principle 1 (Truth and Accuracy), Principle 2.1. (Distinguishing Fact and Comment), and Principle 5.3 (Privacy). The material complained of closely resembled material already published by the same newspaper a week earlier, and attributed on that occasion to anonymous sources, which was the subject of a separate adjudication (OMB. 151).

The newspaper argued that the circumstances surrounding Katy French’s death were a subject of legitimate public interest, and that much of the material on which the article was based was obtained from Garda sources, whose accuracy it had no reason to doubt but whose identity they said they could not disclose under Principle 6 of the Code. It said that it had circulated an internal note of Mrs French’s concerns and had asked journalists to bear these in mind in respect of any future articles on the issue, and it offered to ascertain Mrs French's views by way of interview, or to publish a letter from her. It also gave an undertaking that if in the fullness of time the inquest revealed a different version of events, it would give that version equal prominence.

Decision

The headline and the use of a photograph of Ms French to illustrate an article about the importation and use of cocaine in Ireland did not contain any information acquired or published in breach of Principle 4 of the Code, which refers to the publication of any information "based on malicious representation or unfounded accusations."

The paragraph of text in the article which referred to the circumstances surrounding Ms French’s death contained a number of unconfirmed reports presented as fact at a time when the details of Ms French’s death were unconfirmed, and was therefore a breach of Principle 2.1. However, the publication of these statements in the context of their placing and emphasis in the article as a whole did not amount to a breach of Principle 5.3.

There is insufficient evidence to support a decision on whether the material involves a breach of Principle 1.1.

10 April 2008

The Irish Mail on Sunday Review appealed this decision to the Press Council of Ireland