Mr Dale objected to a diary piece, which described him as "overtly gay" and referred to an interview he had given to Pink News in which he encouraged its readers to attend the open primary, saying it was "charming how homosexuals rally like-minded chaps to their cause". He felt that the references were pejorative and the article homophobic.
The Commission could understand why the complainant found the comments to be snide and objectionable. However, it did not rule that there had been a breach of Clause 12 (Discrimination) of the Code. It noted that the item had used no pejorative term for the complainant, nor had it "outed" him. In the Commission's view, the piece was uncharitable, but - in the context of a diary column, known to poke fun at public figures - was not an arbitrary attack on him on the basis of his sexuality.
The Commission said that: "where it is debatable - as in this case - about whether remarks can be regarded solely as pejorative and gratuitous, the Commission should be slow to restrict the right to express an opinion, however snippy it might be. While people may occasionally be insulted or upset by what is said about them in newspapers, the right to freedom of expression that journalists enjoy also includes the right - within the law - to give offence".
The complaint was not upheld as a result.
To read the full adjudication, click here.
