James Byrne and the Sunday World

The Press Ombudsman has decided not to uphold a number of complaints made by Mr James Byrne, through his solicitors, that references to him in articles in the Sunday World on 16 May 2010 and 30 May 2010 were in breach of Principles 1, 2, 3, 4 and 5 of the Code of Practice for Newspapers and Magazines.

A number of statements complained of in the articles, about the complainant’s alleged criminal activities and association with other alleged criminals, were clearly contextualized as being either based on Garda sources, or reported as unconfirmed reports. As they are attributed in this way, they are protected by Principle 2 of the Code of Practice and, therefore, do not breach the Code.

Mr Byrne also complained about a number of photographs in the article. He complained that he had never met an individual named by the newspaper in a photograph that purported to show him meeting that individual. The newspaper said that the picture was one of a number of photographs taken on its behalf of Mr Byrne with the individual.

As the only evidence available to the Press Ombudsman about this photograph were assertions and counter-assertions, the Press Ombudsman was unable to make a decision on the complaint about this particular photograph.

The inclusion of Mr Byrne’s photograph, in a two-page spread of photographs of various individuals, which Mr Byrne also complained about, did not breach the Code of Practice, since no evidence was presented that the photograph breached any of the Principles of the Code referred to in the complaint.

Mr Byrne also complained about the articles under Principles 3, 4, and 5 of the Code of Practice. However, as no evidence was presented as to how he believed these Principles were breached, and as the Press Ombudsman could find no evidence in either of the articles that these Principles had been breached, these complaints are not upheld.

3 November 2010