Mr Keith Fahy and Ms Jean Treacy and the Irish Daily Star

The Press Ombudsman has decided not to uphold a number of complaints made on behalf of Keith Fahy and Jean Treacy that an article published in the Irish Daily Star on 3 August 2012 breached the Code of Practice for Newspapers and Magazines.

Mr Fahy and Ms Treacy complained that the publication of a photograph of them, taken outside a church on their wedding day, breached Principle 3 (Fairness and Honesty) and Principle 5 (Privacy) of the Code of Practice. They also complained that the republication, as part of this article, of evidence given by Ms Treacy as a witness in the course of a criminal trial breached Principle 7 (Court Reporting) of the Code.

The newspaper responded that it did not believe that publication of the photographs breached the Code of Practice, and that the fair and accurate reporting of evidence given in an open court was not a breach of Principle 7 of the Code.

There was no evidence that the photograph was obtained through misrepresentation, subterfuge or harassment, as would be required to find a breach of Principle 3 of the Code.

While the complainants maintained that their wedding was a particularly private occasion, it took place in a public place of worship, and their photograph was taken as they stood outside the church in which they were married. In those circumstances, there was insufficient evidence that the article breached the provision of Principle 5.1 of the Code of Practice requiring respect for the “private and family life, home and correspondence” of private individuals. The location in which the photograph was taken could not reasonably be regarded as a “private place” within the meaning of Principle 5.5, and therefore, despite the evident desire of the complainants to avoid media attention, publication of the article did not amount to a breach of Principle 5.5.

The Press Ombudsman was unable to accept the complainant’s contention that the provisions of Principle 5.2 of the Code were insufficient to justify publication of the article concerned. This sub-section of Principle 5 protects the publication of matters of public record in relation to complaints about breaches of privacy.

The Press Ombudsman’s opinion is that, as Principle 7 (Court Reporting) clearly relates to the contemporaneous reporting of court proceedings, it is irrelevant to this part of the complaint, which is therefore not upheld.

19 November 2012