The complaint concerned the way the newspaper had pursued the complainant - a manager at a lap-dancing club - while researching a story about her pregnancy. The newspaper had approached the complainant on several occasions and, although she had been prepared to comment to confirm the identity of the father - a Scottish Premier League footballer - she had nonetheless made it clear that she did not wish to speak further.
Despite the newspaper's written assurances to the PCC during its investigation that it would not approach the complainant again, two further approaches ensued, including one at a very late stage of pregnancy. The newspaper claimed this was due to an unintentional breakdown in its internal communications and accepted that it had breached its own undertakings to leave her alone. It apologised for its failings in this regard.
The Commission was not impressed with the newspaper's behaviour. It ruled that it should be a "relatively simple matter" for newspapers to communicate internally about such requests, noting that most newspapers manage to do this every day with no such confusion. Indeed, it described it as "disappointing that the procedures of a major newspaper such as the Daily Record should turn out to be so lacking".
The complaint was therefore upheld under Clause 4 of the Code.
The Commission also upheld concerns under Clause 3 (Privacy) of the Code. The newspaper had used a photograph of the complainant taken outside her home, which she deemed to be intrusive. Although the newspaper argued that the photographer was not on the complainant's property when the picture was taken, the Commission ruled that since her home was very heavily secluded and on a private road, she did have a reasonable expectation of privacy at the time she was photographed.
The complainant raised further concerns under Clause 1 (Accuracy) of the Code about an article published in the newspaper headlined "I am pregnant by Hibs star Sol Bamba, claims lap dancer". However, this aspect of the complaint was rejected by the Commission.
The ruling was published by the newspaper on Friday 20 November.
To read the adjudication, please click here.
