I was wondering about the role of the Independent Press Standards Organisation (IPSO) and the Editors' Code in cases like this, so I have been looking at:
- the IPSO website, including Editors' Code and Rulings on complaints
- the related Editors' Code website
- the article linked in the OP, in the Express by Ben Mitchell (Jun 21, 2019 | UPDATED: Jul 1, 2019)
- other press reports about this case.
Firstly, looking at other reporting and to get this horrifying aspect out of the way . . .
@LordProfFekkoThePenguinPhD "God this is depressing. What the hell were the parents doing. Do they not have eyes? She was a beautiful child - yes child - and as parents of children we have radars of adults around them and how the interact with our children."
It was reported in court by several witnesses that not only the child but her grandmother and the mother of a school friend had told the mother, Stacey White, repeatedly that Nicholson was both sexually abusing and physically assaulting Lucy.
I can hardly bear to write this.
They report that Lucy was scared of Nicholson, barricaded him out of her bedroom, went to stay with her grandmother to get away from him and that Lucy's mother at various times either disbelieved or blamed her daughter when Lucy went to her for help.
It was reported that the mother had claimed that Social Services had already investigated and said there was nothing to Lucy's allegations (I could not find anything in the press reports to confirm that the mother's claims are true in any aspect). It was also reported that Lucy's mother told Lucy's school friend to "slap her" (Lucy) if Lucy made any further allegations about Nicholson.
However, Lucy's stepfather, Richard Elmes (22), told Nicholson to move out of the house when he was made aware of Lucy's allegations about Nicholson and observed (how to best summarise this?) "violent arguments" involving Lucy (age 13) and Nicholson (age 24). I have put in all the ages because the person who anyone would reasonably expect to be most protective of Lucy is her mother, who was also the oldest adult in the home at 31.
If all the above is true, I hope the mother is prosecuted for neglect and enabling the abuse of her daughter!
Press Reporting of the trial of Stephen Nicholson
The dates of publication reflect what was going on in court at the time, so it is to be expected that reports on different dates reflect different aspects of the case.
The report in the Express linked in the OP dates from 21 June. I searched for press reports and the results were dominated by reports from the last few days. I really could not be bothered to try to find other reports from around 21 June to make a fair comparison with the Express. I would do if I was properly researching this but I just wanted to get a feel for how different publications were reporting the case.
I looked at about 10 recent reports in the press, some from the national press and some more local to Southampton.
IPSO Standards and Guidance and the Editors' Code
IPSO www.ipso.co.uk/
Editors' Code www.editorscode.org.uk/
The Editors’ Code of Practice sets out the rules that newspapers and magazines regulated by IPSO have agreed to follow.
The Editors' Codebook covers:
Accuracy
Privacy
Harassment
Intrusion into grief or shock
Reporting Suicide
Children
Children in sex cases
Hospitals
Reporting of Crime
Clandestine devices and subterfuge
Victims of sexual assault
Discrimination
Financial journalism
Confidential sources
Witness payments in criminal trials
Payments to criminals
The Public Interest
www.editorscode.org.uk/the_code.php
I looked at the Editor's Codebook sections about:
Accuracy
Intrusion into grief or shock
Children
Children in sex cases
Reporting of Crime
www.editorscode.org.uk/downloads/codebook/codebook-2019.pdf
Accuracy: Firstly, reporting of a court case cannot be criticised on the grounds of "Accuracy" if a journalist uses those same words in an article.
(In the trial of Stephen Nicholson for the rape and murder of Lucy McHugh, the words "sexual relationship" were apparently used in court by the prosecution, referring to a witness statement.)
Intrusion into grief or shock: There is a law in Scotland against "defaming the dead" but not in the rest of the UK. However, the Guidance specifically mentions the case that led to the Scottish law, which is relevant to the Lucy McHugh case:
"The sad case of 16-year-old Diane Watson, stabbed to death in a Glasgow playground row in 1991, remains a grim reminder of the risks and potential for significant intrusion into grief. That tragedy was compounded when her brother Alan, aged 15, killed himself 18 months later after reports appeared which he believed besmirched Diane’s name.
"The loss of Alan led to a sustained and ongoing campaign by parents Margaret and Jim Watson for changes to the law in Scotland around defamation of the dead. The Code does provide a remedy, but prevention is clearly better than cure. A little foresight by editors fully sensitive to the risks can avoid a great deal of unnecessary suffering."
Lucy had younger siblings.
Lucy was described in the Express initially as being Nicholson's "lover". This was retracted after complaints.
Although the Express is entitled to accurately report that Lucy was described in court as being in a "sexual relationship" with Nicholson this does NOT accurately reflect the fact that she was in fact the victim of sexual abuse as a minor by a paedophile. She was NOT complicit in or responsible for being raped and murdered.
This was the only aspect of the Editor's Code that I could find which might form the basis for a successful complaint to IPSO about the Express report of 21 June by Ben Mitchell.
Children: The code is not relevant to the Lucy McHugh case.
Children in sex cases: The code is not relevant to reporting of the Lucy McHugh case as it is all about avoiding identification of children who are lucky enough still to be alive!
Reporting of Crime: I could not find anything relevant in the Editor's Code.
I also looked at the outcomes of complaints to IPSO, using two searches. Firstly, all results using the search term "paedophile". Secondly, filtering all complaints by the category "Children in sex cases".
www.ipso.co.uk/rulings-and-resolution-statements/
I also looked at IPSO Guidance for Journalists and Editors
This is more helpful but it is not in the Editors' Codebook.
www.ipso.co.uk/member-publishers/guidance-for-journalists-and-editors/
The areas covered by the Guidance are:
Deaths and inquests
Due prominence
Pre-publication advice
Major incidents
Sexual offences
Social media
Suicide
Transgender issues
"IPSO recognises that there are some situations where it is helpful for IPSO to produce guidance which explores in more detail how the Editors’ Code applies to particular themes or issues. The guidance does not replace or supersede the Editors’ Code, but is designed to support editors and journalists. The guidance also does not limit or restrict editorial decision making, but may inform that decision making."
IPSO Guidance on reporting of sexual offences
www.ipso.co.uk/member-publishers/guidance-for-journalists-and-editors/guidance-on-reporting-of-sexual-offences/
Sections:
About this guidance
Key points
Legal protections and Code provisions
Code compliance
Identifying information
Analysing information and jigsaw identifcation
Publishing online and contempt of court
Cases involving children
Waiving the right to anonymity
Further considerations: Language and support for interviewees
Case studies
Guidance relating to "Children" relates to children who are still alive.
The only relevant section is "Language"
www.ipso.co.uk/member-publishers/guidance-for-journalists-and-editors/guidance-on-reporting-of-sexual-offences/#FurtherConsiderationsLanguageAndSupportForInterviewees
"The Editors’ Code does not set out the language which must be used to describe sexual offences. However, when reporting on sexual offences, journalists are reporting on extremely sensitive and personal matters. Editors and journalists should not lose sight of the fact that victims will often be in a particularly vulnerable position. Care should be taken not to choose terminology which sensationalises the offences, apportions blame or implies that the victims consented to the sexual act. "
My feelings now about the conduct of the case and the Express Report of 21 June
The Express was legally entitled to accurately report that Lucy was described in court as having been in a "sexual relationship" with Nicholson.
BUT
-
The Prosecutor used those words, taken from a witness statement - how f&cked up is that?!
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The Journalist Ben Mitchell chose to use those words, out of everything else that was said in court that day - how f&cked up is that?!
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I believe that a complaint to IPSO might be successful on two counts:
3.1) Breach of the Editor's Code in terms of "Intrusion into Grief or Shock" with reference to "defamation" and the risk of negative impact on Lucy's surviving, younger siblings.
3.2) Failure to follow IPSO Guidance on the language used in reporting of sexual offences
- The IPSO Guidance on the language used in reporting of sexual offences should be included in the Editors' Codebook.
"The committee's role is to write, review and revise the Code, often considering suggestions for amendments from the public, or civil society, as well as from within the industry.
If you would like to suggest an amendment click here, or send it to:
Editors' Code Committee, : c/o News Media Association, Second Floor, 16-18 New Bridge Street, London, EC4V 6AG. "
www.editorscode.org.uk/about_us.php
I will come back here when I have complained to IPSO and made that suggestion for a change to the Editors' Codebook and will let you know the outcome 