Tag Archives: John Horgan

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From the recent Edelman Trust Barometer; former Press Ombudsman John Horgan at the Leveson inquiry in 2012

Further to the recent ‘Edelman Trust Barometer’…

Which shows trust in Irish media is at its lowest point since the poll was first taken 17 years ago…

Former Irish Times journalist, former Dublin City University professor, former Labour TD and senator and Ireland’s first press ombudsman John Horgan writes in today’s Irish Times:

Here, the review of the 2009 [Defamation] Act by Minister for Justice Frances Fitzgerald will include, not only the effects of the Act itself in relation to defamation proceedings, but the functions, powers, and effectiveness of the Press Council and the Press Ombudsman.

Some of the major issues for the Fitzgerald review, on the basis of a decade’s experience of our own system, could therefore usefully include the following:

– Should participation in the Press Council be effectively further incentivised for all non-broadcast media [freesheets, the online publishing activities of broadcasters, perhaps even bloggers] who see not just editorial but commercial and legal advantages in adherence to an effective body dedicated to the maintenance of professional standards?

– Should the Press Ombudsman and the Press Council – including their invaluable mediation service – be given enhanced legal standing, acceptable to the newspapers and journalists, so that they become a more frequent and effective final destination for dispute resolution, instead of an alternative route?

– Should media play their own part in this, and in enhancing the public acceptability of their voluntary system, by helping to develop, perhaps in consultation with the Press Council, more effective, and perhaps more generous, remedies for, and responses to, reasonable complaints from people whose reputations have been unfairly impugned?

– Should this also include – as a powerful implicit acknowledgment of every individual’s right to freedom of expression – more frequent offers, in appropriate circumstances, of the right of reply?

Just because these are all complex issues for public policy does not mean that they should be shirked. Now is as good a time as any to address them.

Falling trust in Irish media needs to be addressed (John Horgan, The Irish Times)

Meanwhile…

From the vaults…

In January 2012, Tom and Sally Fitzgerald made a complaint to the Press Council about the apology, which they claimed was in breach of the Code of Practice for Newspapers and Magazines.

The Press Ombudsman, John Horgan held that the newspaper, in publishing the apology, had failed to take into account the feelings of Kate Fitzgerald’s grieving parents and, following publication, failed to take sufficient remedial action to resolve their complaint.

A further claim that The Irish Times had breached the Code of Practice by failing to investigate, prior to editing, the truth or accuracy of the statements in Kate’s article was rejected by Mr Horgan, as being out of time on the basis that the article the subject of the apology had been published more than three months previously.

On appeal, the Press Council found that this latter decision was an administrative one, from which there was no appeal. Sally Ann Fitzgerald, from a newspaper family, found this decision inexplicable.

Five Years After (Broadsheet, August 23, 2016)

John Horgan’s Appearance At Leveson (Broadsheet, July 17, 2012)

Last Saturday Mark Hennessy reported in the Irish Times about Irish Press Ombudsman, Professor John Horgan’s appearance at the Leveson Inquiry in London.

Prof Horgan was there as part of module 4 of the inquiry looking at the future of press regulation in Britain.

At one point Lord Justice Leveson and Robert Jay QC talked to Prof Horgan about the Press Council’s code and the matter of privacy, which is principle 5 of the Press Ombudsman’s Code of Practice.

The Irish Times article quoted Prof Horgan as saying: ““We haven’t had any complaint about the private lives of individuals by newspapers. It simply hasn’t risen.”

But this quote was incorrect.

Today the Irish Times ran a clarification, stating:

“An article in last Saturday’s edition, concerning evidence given to the Leveson Inquiry in London by the Press Ombudsman, Prof John Horgan, stated in error that the office of the Press Ombudsman had not received any complaint about the private lives of individuals over newspaper coverage. In fact, Prof Horgan said there had been no complaints about the private lives of individuals being misrepresented by a newspaper or other publication under Principle 1 – Truth and Accuracy of the Code of Practice. This exchange arose in the context of a query from Lord Justice Leveson about problems arising from possible misrepresentation which is dealt with under principle 1. There have been complaints from individuals alleging invasions of their privacy under Principle 5 of the Code, which deals specifically with privacy.”

It is surprising the IT didn’t catch this earlier given a complaint made under Principle 5 (privacy) was made against the Irish Times by the parents of Kate Fitzgerald and upheld by Prof Horgan just last month.

But the weirdness doesn’t stop there.

Prof Horgan told Lord Leveson: “In relation to misrepresentation, that’s basically principle 1, where it is a breach of the code, not only to publish something that’s inaccurate, but something that is a distorted report or misrepresents a situation. We haven’t had any complaint about the private lives of individuals being misrepresented by a newspaper or by another publication under Principle 1.  It simply hasn’t arisen.”

But Prof Horgan did receive complaints under Principle 1 (Truth and Accuracy)  from Kate’s parents Tom and Sally Fitzgerald. He refused to investigate seven matters – including three matters under Principle 1 – 1.1 False allegation; 1.2 Failure to retract and 1.3. Failure to apologise or clarify – because he ruled the complaint was out of time.

Baffling, right?