Some of you may remember that a few months ago I wrote a
piece about the comments made by Joe Burchill in The Guardian about her
distaste towards the Trans community.
Her article was filled with disgusting hate speech and inaccurate views
on transgender people. The Observer and the
Press Complains Commission were flooded with complaints over the piece and the
article was eventually removed from their website.
I myself joined the hundreds of other who filed a complaint
about the piece as today I received a response from the Press Complaints
Commission regarding their decision regarding the article. Here is the e-mail I received;
Commission’s decision in the case of
Two Complainants v The Observer / The Daily Telegraph
The complainants were
concerned about a comment article which responded to criticism of
another columnist on social networking sites. The article had first been
published by The Observer. Following The Observer’s
decision to remove the article from its website, it had been
republished on the website of The Daily Telegraph. The Commission
received over 800 complaints about the article, which it investigated in
correspondence with two lead complainants, one for each
newspaper.
The complainants
considered that the article contained a number of prejudicial and
pejorative references to transgender people in breach of Clause 12
(Discrimination) of the Editors’ Code of Practice. They also
raised concerns under Clause 1 (Accuracy) that language used by the
columnist was inaccurate as well as offensive, and, furthermore that the
article misleadingly suggested that the term “cis-gendered” was
insulting. Additionally, concerns had been raised that
the repeated use of terms of offence had breached Clause 4 (Harassment)
of the Code.
The Commission first
considered the complaints, framed under Clause 12, that the article had
contained a number of remarks about transgender people that were
pejorative and discriminatory. It noted that the Observer
had accepted that these remarks were offensive, and that it had made
the decision to remove the article on the basis that the language used
fell outside the scope of what it considered reasonable; however, the
Observer denied a breach of Clause 12 because
the article had not made reference to any specific individual. Clause
12 states that newspapers “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”.
However, the clause does not cover references to groups or categories
of people. The language used in the article did not refer to any
identifiable individual, but to transgender people generally. While the
Commission acknowledged the depth of the complainants’
concerns about the terminology used, in the absence of reference to a
particular individual, there was no breach of Clause 12.
The Commission also
considered the complaint under the terms of Clause 1, which states that
“the press must take care not to publish inaccurate, misleading or
distorted information, including pictures”. Complainants
had suggested that the terms used in the article to refer to
transgender people were inaccurate or misleading. Whilst the Commission
acknowledged this concern, it was clear from the tone of the article
that these terms were being used to express an opinion.
Whilst many people had found this opinion deeply distasteful and
upsetting, the columnist was entitled to express her views under the
terms of Clause 1(iii), so long as the statements were clearly
distinguished from fact. The same was true in relation to the
columnist’s assertion that the term “cis-gendered” is offensive. Viewed
in the context of the article as a whole, particularly in light of the
fact that the article had been deliberately identified as a comment
piece, this was clearly distinguishable as an
expression of her opinion about the term rather than a statement of
fact about how it is perceived more broadly. This did not constitute a
failure to take care over the accuracy of the article, for the purposes
of Clause 1(i), and neither was there any significant
inaccuracy requiring correction under the terms of Clause 1(ii). There
was no breach of Clause 1.
The Commission turned
to consider those concerns raised under Clause 4, which states that
“journalists must not engage in intimidation, harassment or persistent
pursuit”. It made clear, however, that the publication
of a single comment piece was not conduct which would engage the terms
of Clause 4. There was no breach of the Code.
The Commission
acknowledged that the complainants found much of the article offensive.
Nonetheless, the terms of the Editors’ Code of Practice do not address
issues of taste and offence. The Code is designed to
address the potentially competing rights of freedom of expression and
other rights of individuals, such as privacy. Newspapers and magazines
have editorial freedom to publish what they consider to be appropriate
provided that the rights of individuals – enshrined
in the terms of the Code which specifically defines and protects these
rights – are not compromised. It could not, therefore, comment on this
aspect of the complaint further.
Now I might have misunderstood what was written here, but it
seems to me that the Press Complaints Commission has turned around and said
that ‘yes it is filled with hate speech, but because it’s directed at a group
rather than an individual and it’s the authors own opinion then its okay.’
I just cannot help but find this decision baffling. How is what was written not considered to
have breached the clauses stated in the email?
Is it okay to be bigoted and hateful if it’s a general hatred?
I find myself wondering if they have found these apparent ‘loop-holes’
if the comments in the article had been made about people of a different
ethnicity or religion of the author. Do
you think they would have given the same response if it was a hate piece about
an ethnic group? I doubt it.
This looks to me like yet another case of trans people being
ignored, of people thinking that it’s okay for trans people to be mocked and
hated because in their minds we’re not a legitimate group of people, that we’re
trans because of a lifestyle choice rather than because it’s something that we
have no control over.
It’s disgusting that the Trans community is still treated
this way, that our views and opinions are just considered a joke. I have never had very much faith in the press
and this whole sorry affair has given me even less. I am truly disappointed and sickened by this
result.
Amy.
xx
Amy Walker Facebook
Trans Girl Writer Facebook Fan Page
Amy Walker Twitter