Ms Cherie Eustace and the Irish Daily Star

The Press Ombudsman has decided to uphold a complaint by Ms Cherie Eustace that the publication of a photograph of her three year old daughter by the Irish Daily Star was in breach of Principle 9.2 (Children) of the Code of Practice for Newspapers and Magazines.

The complainant maintained that in the light of this Principle the newspaper should not have published a photograph of her daughter, who had suffered permanent facial scarring in an accident, following the conclusion of a related civil court case in which the child was awarded damages.

The newspaper responded that its publication of the photograph was not illegal and that it stemmed from the media’s function in making sure that justice was administered in public and as part of a fair, full and balanced report. It said that it was not its intention to cause anxiety to the complainant.

Principle 9.2 of the Code of Practice requires, before any such editorial decision is taken, that publications should have regard for the vulnerability of children, and in all dealings with children to bear in mind the age of the child, whether parental or other adult consent has been obtained for such dealings, the sensitivity of the subject-matter, and what circumstances if any make the story one of public interest.

The publication of photographs of children - particularly of very young but identifiable children - affected by court proceedings is not an essential part of the intrinsic Constitutional requirement that justice must be administered in public. In this case, there was no arguable public interest in the publication of the photograph of this particular child, and in the light of the other relevant provisions of Principle 9.2 of the Code - particularly the sensitivity of the subject-matter - the complaint is upheld.

20 September 2012