IPSO has recently published guidance for journalists and editors as to how the ‘Editors’ Code of Practice’ – the framework for professional standards, regulating content issued by newspapers and magazines – should be interpreted when reporting on deaths.
By their very nature, deaths and inquests are often considered newsworthy and are increasingly appearing in national newspapers. For example, within recent weeks, inquests touching upon the murder of Elle Edwards on Merseyside, or the more recent tragedy of Natasha Johnson – a dog walker from Surrey who died from ‘multiple penetrating bites to the neck’ – have been widely reported in national outlets.
Due to the increasing coverage of these matters and uncertainty around the requirements of such reporting, guidance has been issued by IPSO, on how best to report on such occurrences, having specific regard to Clause 1 (accuracy) and Clause 4 (Intrusion into grief or shock) of the Editors’ Code of Practice.
The key takeaways from this guidance are as follows:
- A death is considered a matter of public record, which will affect all those who knew the individual as well as the wider community;
- The press must take great care not to break news of an individual’s death to their immediate family;
- Once immediate family are aware, journalists can report on a person’s death, even in circumstances where family members would prefer no reporting and regard the death as private;
- Journalists should show sensitivity to those grieving or in shock, with appropriate consideration being given to the wishes and needs of the bereaved in their reporting;
- With regards to suicide, care should be taken to avoid reporting “excessive” details of the method used to avoid others attempting to replicate this.
Clause 1 – Accuracy
A large number of complaints relating to the reporting of deaths relate to the inaccuracy of the relevant report, which can be particularly distressing for those grieving to read, or those involved in the care.
As can perhaps be expected, journalists are warned to be wary of relying upon sources from social media in relation to any deaths and encouraged to undertake due diligence in verifying this information before publishing any reports stemming from such sources. Further, whilst making contact with grieving family members through social media is not prohibited, journalists must make any such contact with sympathy and discretion, having regard to Clause 4 (explored later in this article).
Whilst journalists are expected to operate with due sensitivity, this should not restrict their right to report legal proceedings (where no reporting restrictions are in place). Inquests, for example, are open to the public to attend, and as such members of the press are entitled to attend and publish articles about those proceedings. (See our recent article on this here)
Where an inquest or death is as a result of a suicide, IPSO’s guidance states that there is significant public interest in the reporting of this death., but there should be a bar in reporting excessive detail relating to the methods used, borne out of a desire to prevent others copying such methods.
Clause 4 – Intrusion into Grief and Shock
In many instances, journalists reporting on a death may be responding to breaking news. Immediate family members may not therefore have had an opportunity to learn of the death by this time and should not learn of this death via local or national media.
As such, journalists are required to take great care to ensure that immediate family members have been made aware of any death, before including the name of the deceased within their reporting. Care should also be taken not to inadvertently identify the deceased, for example by including a vehicle registration number plate or any other characteristics that could lead to identification. Doing so may result in a breach of the Editors’ Code of Practice.
Journalists are permitted to report on distressing circumstances, but the relevant guidance states, in line with the core theme of the guidance, that such reporting must be done sensitively. Should any photos of the deceased be included within any report, it is best practice to confirm with the bereaved family as to whether they have any preferred photographs that they would like to be used.
As above, there is no bar to journalists in approaching bereaved family members for comment following an individual’s death. However, IPSO recommends that all journalists consider the impact of their approach in advance, which should include consideration of the tone, as well as the timing, of that approach.
Hill Dickinson LLP provides specialist support to organisations involved in the coronial process and frequently encounter members of the press reporting on these proceedings. As national coverage of inquests increases, the publication of IPSO’s latest guidance is a timely reminder to journalists of the inherent sensitivity associated with any such events and the due regard that must be given to grieving family members.
For further information, please contact:
Edward Wrightson, Hill Dickinson
ed.wrightson1@hilldickinson.com
