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From: Jerry Dawson (j.dawson2@chello.nl)
Date: 24 Jul 2001 18:38 uur


From: mike jempson <mike.jempson@ukonline.co.uk>
Organization: presswise
Reply-To: "mike.jempson@ukonline.co.uk"
<mike.jempson@ukonline.co.uk>
Date: Tue, 24 Jul 2001 15:08:56 +0100
(E-mail)" <pw@presswise.org.uk>
Subject: genoa

Dear Rochelle,

re Daily Mail

My colleague Bill Norris has passed on your enquiry about
yesterday's
Daily
Mail story. I have also been aproached by Mike Holderness of the
NUJ and
Bill Hayton of the BBC about the same story.

A careful reading of the piece demonstrates that is has been very
carefiully written. You will find that most of the allegations about
Mark
Covell are couched in terms ('accused', 'said to have been', 'they
believe
he was') that make it clear someone else is doing the accusing (we
do
not
find out until paragraph 10 that it is probably the police).

As such the reporter is merely publishing facts - if this is what she
was
told by the police (who do not have to be correct in all their
assumptions). On that basis it would be difficult to uphold a
complaint
about factual inaccuracy. Since Italian juries are unlikely to be DM
readers it would be hard to prove that he could not get a fair trail in
Italy (if he is charged) on the basis of this article.

However - the HEADLINE states baldly that he is the BRITON
WHO LED
RIOTERS.
To be safe the words 'LED RIOTERS' should be in inverted
commas, since
this
is merely a claim by police rather than an estbalished fact. Lawyers
might
say that this alone is sufficient to threaten action for defamation on
the
grounds of 'malicious falsehood' (which attracts legal aid, unlike
other
aspects forms of libel). Note that the picture caption has
'mastermind'
in
inverted commas...

You may feel that these are fine points - but they make all the
difference
if you want to make a successful complaint. We can all see that
the
story
puts Mark in the frame, but it does not actually directly accuse him
of
anything, and the Mail will call in aid his parents who appear to have
co-operated on the story (They might have a very different view on
this,
and if you are in touch with them and they want to dispute any
aspect of
what they are alleged to have said, do put them in touch with us).

For the moment I would sugest that anyone wishing to complain
direct to
the
Mail should raise the journalistic points about the headline, and
comment
about how it influences the way in which the story is read.

If you are dissatisfied witht the Mail's response the matter could
then
be
taken up with the Press Complaints Commission, BUT complaints
have to
come
from people directly involved. I suspect the PCC will find in favour of
the
Mail if anything other than the headline is the subject of the
complaint
UNLESS there is EVIDENCE that there are FACTUAL
INACCURACIES in the
story.

Read the story sentence by sentence looking for what is
ACTUALLY stated
rather that the impression that is given (there is no legislating for
how
people will INTERPRET anything).

I am sorry if this is not the reply you had expected. However we
would
be
interested to hear from other parties concerned. Anyone willing to
be
identified as part of the Genoa Social Forum might also have
grounds for
a
complaint.

Meanwhile have you seen today's Mail? Apart from the irony of its
front
page 'Astonishing video shows brutal attack on defenceless man
BEATEN UP
BY
A POLICEMAN - it contains a follow up article on p.18 which also
mentions
Mark.

Do let anyone who might need to know that PressWise is here to
help and
advise if they have complaints about any aspect of media coverage.
Visit
our web site <www.presswise.org.uk> and contact us through the
office
email: pw@presswise.org.uk (I am working from home today), or
call 0117
941
5889 / 939 9333.

Best of luck

Mike Jempson
Director, The PressWise Trust

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