Garvey and The Irish Times

The Press Ombudsman has decided that an article published in The Irish Times on family law did not breach Principle 1.1 (Truth and Accuracy) of the Code of Practice for Newspapers and Magazines.

Mr Cathal Garvey complained that an article published in this newspaper on 18 January was in breach of Principle 1.1 (Truth and Accuracy) of the Code of Practice for Newspapers and Magazines because, in his view, it indicated an agenda by the newspaper of promoting recent Law Reform Commission recommendations – recommendations which he said should have been contested by the newspaper. The newspaper, which had earlier published a letter from the complainant on a related topic, suggested that he write another letter for favour of publication. The complainant declined to accept this offer, suggesting that the newspaper publish another article about the matter, which he would be willing to assist with, or to write.

Mr. Garvey’s complaint that the article was in breach of Principle 1 because it amounted to promoting an agenda was based, in turn, on his contention that some statements it contained were inaccurate. The accuracy or inaccuracy of the fully attributed statements in question, however, depends ultimately on the interpretation by the courts of legal issues of considerable complexity, and the fact that the complainant’s interpretation of these matters differs from interpretations or opinions implied, expressed or quoted in the article does not present a breach of the Code of Practice for which any of the remedies suggested in Principle 1 would be required. The complaint is therefore not upheld.

23 May 2011

The Complainant appealed the decision of the Press Ombudsman to the Press Council of Ireland.