Mr Noel Long and the Sunday World

The Press Ombudsman has decided to uphold a complaint by solicitors acting for Mr Noel Long that an article published in the Sunday World on 11 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 did not offer to publish anything by way of correction, and submitted, as justification for its error, a considerable amount of other information about the complainant’s criminal record which it considered relevant. The Code of Practice does not support the view that an error of this magnitude can be excused by evidence of the complainant’s previous criminal record. The complaint is therefore upheld.

Complaints under Principle 2 (Distinguishing Fact and Comment) and Principle 3 (Fairness and Honesty) of the Code are not upheld, as the allegations in question made by the complainant’s sister were clearly attributed to her as evidence given by her in open court or otherwise.

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 article complained about was knowingly published based on malicious misrepresentation or unfounded accusations.

Finally, a complaint under Principle 5 (Privacy) is 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