The way Abigail Witchalls?s family was treated by the press was disgusting in many, if not most cases.
One of the purposes of this inquiry is to find ways that complaints to a governing body will be handled better and more rigorously. I welcome that.
You can see from my posts that I?m not a fan of the Daily Mail or Paul Dacre but newspapers have to be allowed to publish things that some people don?t want to read because if there was a law that said otherwise people would suppress things that we really ought to know about.
The Mail article complained of by Abigail?s mother was based on publicly-available facts ? the details of the attack on Mrs Witchalls and those about the attack on her brother. An apparently motiveless attack which left the victim for dead, and an attack that appeared to be a hate crime against a person with disabilities, are in the public interest.
I?m not claiming that the public interest was uppermost in Dacre?s mind but the elements were there and that?s why I?m defending his right to publish the story.
The elements which could have been obtained illegally should be investigated and the culprits prosecuted if warranted.
But it?s not possible to legislate for taste and it never should be.
Regarding the Jan Moir article: I?ve said it would be covered by a Fair Comment defence to a libel action this is why:
The unexpected death of any person in unexplained circumstances is always in the public interest. That?s why we have inquests.
The facts on which she based her comment were true: Stephen was on holiday with his civil partner, they invited another man back to their flat, Stephen died alone of pulmonary oedema.
Moir said that ?healthy? young men do not generally die in their sleep but it transpired that Stephen was not ?healthy?, he had a heart defect. She didn?t say the pathologist was lying , comment on his competency or say that young men don?t die of natural causes.
She did imply that Stephen?s mother was deluded and got it wrong when she dismissed Mrs Gately?s mention of a family history of heart conditions. That was very bad but not libel.
Jan Moir did not have to prove her comment was ?true?; she couldn?t, it was her opinion. In claiming Fair Comment it wasn't even necessary that anyone agreed with her
Like I said, I didn?t like what Jan Moir wrote. It was designed to appeal to ignorant, prurient people and didn?t address the fact that many heterosexuals have ?unconventional? relationships too.
There?s no reason to believe Moir did not make her comments in good faith and without malice and they weren?t her sincerely-held beliefs. It is legitimate to express an opinion on relationships for good or for bad. We all do it all the time.
So I have to defend her right to make the comments she did and also to have them reported accurately.