“The image (swastika) had been used to illustrate the article in a provocative manner. Viewed in the context of the coverage as a whole, the Commission took the view that the use of the picture and the headline had not been significantly misleading.”
“Complainants had suggested that the article had included misleading information about nationalist attitudes in Scotland. Whilst the Commission acknowledged this concern, it was clear from the article that the author had been presenting his own opinion and commentary on the subject. The author had been entitled to express his views under the terms of Clause 1 (iii) which says that journalists are entitled to express their personal views and comments – however robust or controversial they might be – provided that they are clearly distinguished from fact.”
“A number of complainants had expressed concern that the article had been discriminatory. Clause 12 (Discrimination) states that “the press must avoid prejudicial or pejorative reference to an individual’s race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability.” Complainants said that the coverage had been discriminatory towards Scottish people and, in particular, members of the Scottish Nationalist Party. While the Commission understood these concerns, it made clear that Clause 12 does not cover references or generalised remarks about groups or categories of people. The article had not made discriminatory reference towards an individual. In the absence of reference to a particular individual, the Commission did not establish a breach of Clause 12.”
- First, you can print any comment you want, even as far as suggesting that those who believe Scotland should be a sovereign nation show more ‘receptiveness’ towards fascism, as long as it is comment and has no basis in fact.
- Second, you can’t make discriminatory references towards a specific individual, but you can against a large group of people based on nothing more than their membership of a legal and legitimate political party or their support for a legitimate political viewpoint.
- Third, you can create and publish any image, regardless of taste and decency, provided that it relates in some way to the article in question.
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