Gregory and the Evening Herald

Complaint

Deputy Tony Gregory complained that an article which appeared in the Evening Herald on 6 January 2008 was a breach of the Code of Practice, Principle 5.1 and 5.3 (Privacy). The article, headlined “Tony Gregory’s family ‘coping’ as Dublin TD battles serious illness,” was a report on the complainant’s illness based partly on material published in 2007 and partly on a visit by a reporter to the complainant’s home, where, in the absence of Deputy Gregory, the reporter sought to obtain additional information about Deputy Gregory’s illness from his brother. Deputy Gregory complained that the visit and the article were intrusions into his privacy at a time of distress and shock.

The newspaper’s response argued that there was no breach of the Code because the subject matter of the article was in the public domain and both of interest to the public and in the public interest. The newspaper argued that it was entitled, if not obligated, to follow up on a story which concerned the health of a high profile, elected public representative, and that it was legitimate for a journalist to be able to attempt to make contact with family members or friends in situations such as this.

Decision

Under the Code of Practice, the private and family life, home and correspondence of everyone, must be respected. Although the right to privacy can be explicitly waived by any individual, clarity is always essential in such circumstances, and courtesy should not be mistaken for consent.

Deputy Gregory’s illness was already public knowledge in general terms since before Christmas 2007. However, while it is evident that further details of Deputy Gregory’s medical condition and treatment, and information about how his family was coping with the situation, might have been of interest to his constituents, and possibly to other members of the public, the test is not whether the matter complained about was of interest to the public, but whether its publication was in the public interest. This is a crucial distinction in a case in which a breach of privacy is involved.

The Preamble to the Code states as a general principle that the public interest is invoked in relation to a matter capable of affecting the people at large so that they may legitimately be interested in receiving and the press legitimately interested in providing information about it. In the circumstances, there would need to be clear evidence that the acquisition and publication of information involving a breach of privacy is in the public interest, in order to satisfy the requirements of the Code of Practice. The article complained of fails to meet this criterion.

The complaint is upheld.

18 February 2008 

The newspaper appealed the decision to the Press Council of Ireland.