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18/02/2010
Gately Article Did Not Breach Code
A Daily Mail column published in the wake of gay pop singer Stephen Gately's death did not breach press guidelines.
Journalist Jan Moir's piece prompted 25,000 people to lodge grievances with the Press Complaints Commission (PCC) - the newspaper industry watchdog.
Many accused Ms Moir of homophobia in the article, which was printed a day prior to the Boyzone star's funeral in October.
Mr Gately's civil partner Andrew Cowles filed his own complaint with the PCC claiming the column - and a follow-up piece - were inaccurate, intrusive at a time of grief, and discriminatory.
The body, which has no sanctioning powers, decided not to uphold Mr Cowles' grievance, despite saying it fully understood the upset caused.
"At the heart of the story was the tragic death of a young man which had affected a large number of people, and the Commission considered that the newspaper had to accept responsibility for the distress it had caused," a statement from the PCC read.
It said it welcomed the columnist's apology to Mr Gately's family for the "ill-timed nature" of the article, which was the "right response" on her part.
"As a general point, the Commission considered that it should be slow to prevent columnists from expressing their views, however controversial they may be.
"The price of freedom of expression is that commentators and columnists say things with which other people may not agree, may find offensive or may consider to be inappropriate."
Mr Moir's column commented on Mr Gately's lifestyle implying there was "nothing natural" about his death.
The 33-year-old singer passed away while on holiday in Spain on 10 October. A coroner later ruled Mr Gately had died of natural causes.
Ms Moir denied there was a homophobic undertone to her piece, despite suggesting Mr Gately's death struck a blow to the "happy-ever-after myth of civil partnerships".
PCC Director Stephen Abell commented: "The article clearly caused distress to Mr Cowles, as well as many others, and this was regrettable.
"The fact that there were so many forums for challenging Ms Moir's view is evidence of a strong culture of public debate and accountability."
He said the PCC had not shied away from recognising "the flaws in the article", but judged that it would not be "proportionate to rule against the columnist's right to offer freely-expressed views about something that was the focus of public attention".
Gay rights campaigners have criticised the decision, lambasting the press industry for its self-regulating nature.
Stonewall chief executive Ben Summerskill told the BBC: "We wouldn't allow investment banks to say 'don't worry about the auditors, we'll self-regulate' or mining companies to say 'don't worry about health and safety, we'll look after ourselves'.
"And I think we have got to a position where it's very difficult to recommend that anybody from a minority community makes a complaint to the Press Complaints Commission."
Meanwhile, the Crown Prosecution Service has ruled the article - titled A Strange, Lonely and Troubling Death - did not break the law.
Two complaints were lodge with the Metropolitan Police over Ms Moir's comments.
(PR/GK)
Journalist Jan Moir's piece prompted 25,000 people to lodge grievances with the Press Complaints Commission (PCC) - the newspaper industry watchdog.
Many accused Ms Moir of homophobia in the article, which was printed a day prior to the Boyzone star's funeral in October.
Mr Gately's civil partner Andrew Cowles filed his own complaint with the PCC claiming the column - and a follow-up piece - were inaccurate, intrusive at a time of grief, and discriminatory.
The body, which has no sanctioning powers, decided not to uphold Mr Cowles' grievance, despite saying it fully understood the upset caused.
"At the heart of the story was the tragic death of a young man which had affected a large number of people, and the Commission considered that the newspaper had to accept responsibility for the distress it had caused," a statement from the PCC read.
It said it welcomed the columnist's apology to Mr Gately's family for the "ill-timed nature" of the article, which was the "right response" on her part.
"As a general point, the Commission considered that it should be slow to prevent columnists from expressing their views, however controversial they may be.
"The price of freedom of expression is that commentators and columnists say things with which other people may not agree, may find offensive or may consider to be inappropriate."
Mr Moir's column commented on Mr Gately's lifestyle implying there was "nothing natural" about his death.
The 33-year-old singer passed away while on holiday in Spain on 10 October. A coroner later ruled Mr Gately had died of natural causes.
Ms Moir denied there was a homophobic undertone to her piece, despite suggesting Mr Gately's death struck a blow to the "happy-ever-after myth of civil partnerships".
PCC Director Stephen Abell commented: "The article clearly caused distress to Mr Cowles, as well as many others, and this was regrettable.
"The fact that there were so many forums for challenging Ms Moir's view is evidence of a strong culture of public debate and accountability."
He said the PCC had not shied away from recognising "the flaws in the article", but judged that it would not be "proportionate to rule against the columnist's right to offer freely-expressed views about something that was the focus of public attention".
Gay rights campaigners have criticised the decision, lambasting the press industry for its self-regulating nature.
Stonewall chief executive Ben Summerskill told the BBC: "We wouldn't allow investment banks to say 'don't worry about the auditors, we'll self-regulate' or mining companies to say 'don't worry about health and safety, we'll look after ourselves'.
"And I think we have got to a position where it's very difficult to recommend that anybody from a minority community makes a complaint to the Press Complaints Commission."
Meanwhile, the Crown Prosecution Service has ruled the article - titled A Strange, Lonely and Troubling Death - did not break the law.
Two complaints were lodge with the Metropolitan Police over Ms Moir's comments.
(PR/GK)
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