Mr Noel Long and the Irish Sun

The Press Ombudsman has decided to uphold a complaint by solicitors acting for Mr Noel Long that an article published in the Irish Sun on 9 March describing Mr Long as a convicted rapist was inaccurate and therefore a breach of Principle 1 (Truth and Accuracy) of the Code of Practice for Newspapers and Magazines.

Mr Long’s solicitors provided evidence to the Office of the Press Ombudsman that their client did not have a conviction for rape. While the newspaper accepted that it was incorrect in stating that the complainant was a convicted rapist, it offered to publish a “clarification” as long as this could be accompanied by other information about the complainant’s criminal record. This offer was turned down by the complainant.

While the newspaper’s offer of a clarification was welcome, a correction, rather than a clarification, would have been more appropriate. Additionally, the Code of Practice does not support the view that a newspaper is entitled to make the publication of a correction conditional on the inclusion of any implied justification for an admitted error. The complaint is therefore upheld.

A complaint under Principle 4 (Respect for Rights) of the Code is not upheld as there is no evidence to suggest that the publication of the statement complained about was knowingly published based on malicious misrepresentation or unfounded accusations.

Finally, a complaint under Principle 5 (Privacy) was not upheld because the matter complained of, while erroneous, did not refer to the complainant’s private life, and because other material in the article was indisputably in the public domain and on the public record.

10 August 2012