Mr John Kelly and the 'Irish Independent'
THE Press Council of Ireland has decided to allow in part an appeal made by Mr John Kelly against a decision of the Press Ombudsman not to uphold a complaint he made about the use of an historic archive photograph in an article about him in the Irish Independent. Other elements of the appeal were not allowed.
* Decision of the Press Ombudsman (February 22, 2013):
The Press Ombudsman decided not to uphold a number of complaints made by Mr John Kelly that an article in the Irish Independent on December 12, 2012, entitled "CAB gets clearance to seize family homes of gangsters" was in breach of the Code of Practice for Newspapers and Magazines. The full decision can be accessed at www.pressombudsman.ie.
* Decision of the Press Council of Ireland (April 5, 2013)
Mr Kelly appealed the decision of the Press Ombudsman about the publication of a photograph of him in handcuffs, taken on the occasion of an earlier trial for an offence of which he was subsequently acquitted on appeal. He appealed the decision on the grounds of Principle 1 (Truth and Accuracy), Principle 3 (Fairness and Honesty) and Principle 5 (Privacy) of the Code of Practice for Newspapers and Magazines.
The Press Council noted that Mr Kelly did not appeal against the other elements of the Ombudsman's decision rejecting his complaints that the article breached various provisions of the Code of Practice.
The Press Council affirmed all elements of the decision of the Press Ombudsman in relation to the publication of the photograph under Principles 1 and 5 but allowed the appeal under Principle 3, judging the use of the archive photograph to be a breach of that Principle in the particular circumstances of this case.