The article followed the death of the girl's father who had died after jumping into a river trying to save her from drowning. The article had included a photograph of the child in a bathing costume hugging her father. The girl's mother complained to the PCC that the photograph, which related to the child's welfare, had been published without consent, causing considerable distress.
The newspaper said that the photograph had been provided by a news agency: at the time of publication it believed that consent had been given. Subsequent to the complaint, it had been informed that the photograph had been taken from Facebook and no consent had been obtained. It accepted a breach of Clause 6 of the Editors' Code and apologised privately to the family.
The Commission ruled that, under the terms of the Code, the newspaper had a responsibility to check that the relevant consent had been obtained for publication of the photograph. This was particularly important given the nature of the story and the child's age. Although the Commission did welcome the steps that the newspaper had taken, it ruled that there could be no proper remedy because of the seriousness of the breach.
A complaint against The Daily Telegraph about publication of the same photograph was resolved between the parties prior to the Commission being asked to rule on the matter.
PCC Director, Stephen Abell (pictured), said: "The issue of consent is crucial in any story which involves the welfare of a child, and particularly so in this case where the circumstances were so sensitive. The responsibility lies with the newspaper or magazine to ascertain who is the competent authority to grant consent, and ensure that the correct procedures are followed. The image in this case was clearly intrusive, and the Commission felt that its publication raised a serious breach of the Code".
To read the adjudication in full click here
The full text of Clause 6 (Children) of the Editors' Code of Practice can be accessed here
