Ruling by the Deputy Press Ombudsman
October 15, 2010
This ruling is based on the written submissions of Ms L. Gordon and The Times newspaper.
Complaint
Ms Linda Gordon complains about the following three stories, two editorials and a letter to the editor in The Times:
Gordon complains that:
Her conclusion is that the reportage has not been truthful, accurate, fair or balanced.
Analysis
The background to the complaint is the seizure by
The first editorial (June 1) makes the point that, although countries worldwide condemned
The first story (June 2) is about
The second story (June 3) deals with a South African Talk Radio 786 journalist, Gadija Davids, who reportedly was on one of the ships. The story says she was soon released and unharmed (except for emotional stress).
The second editorial (June 4) praises
Gordon, in her letter (June 4), argues that the newspaper is biased in its reporting on the
In the last story (June 7)
We shall now consider the merits of the complaint:
No attempt to record the circumstances surrounding the attack
Gordon says that the SA Zionist Federation, via Sapa, released a media statement dated June 2 that recorded the circumstances surrounding the attack. She complains that the newspaper, in its reports, made no such attempt. She mentions the following examples of what the stories omitted:
The Times says the stories are a true reflection of what happened, adding that it had no reason to disbelieve the story it had received from SA-AP and Reuters. The newspaper says it relies on credible news agencies for its coverage of international news events – and not on “NGOs like the SA Zionist Federation”. The newspaper argues that it is the Israeli government, through its embassy, that can speak with authority about allegations made against it. It also argues that the Federation was not on the flotilla and cannot provide a factual report on the circumstances surrounding the attack.
The newspaper is correct on all these counts – it was under no obligation to use the press release from the Federation; the argument that it relies on credible international news agencies for its coverage of world events is standard practice; and as the Federation was not on the flotilla it is problematic to accept its views as “the facts” about the incident.
However, I shall nevertheless take the media release into account – not because the newspaper should have used it, but because material contained in the release that may have resulted in a different understanding of the siege may have been ignored.
Before I analyse the stories, this remark must first be made: I am wary of the phrase “the historical facts” as used by Gordon – especially with regards to the word “the”. There are so many versions of what happened, why things were done in a certain way and why not in another way that it would be arrogant of me (and for the newspaper, for that matter) to decide what “the” historical facts are.
The June 2 story was published on the same day that the media release was issued, which means that the this document cannot be taken into account as far as this story is concerned.
The reportage is fair – the story reports on the views of several interested parties:
Also important is the boarding party’s commander who reportedly said that he and his men had not expected such resistance “as we were talking about a humanitarian aid group”. (This is also reflected in the sub-headline: Commando involved in attack on aid ship did not expect resistance.) This provides balance to the story in that it makes it clear that at least some of the activists on the ship were not all that innocent.
Before we turn to the other two stories, let’s first take a look at what the media release says:
We shall discuss the editorials later.
The June 3 story is based on an interview with the parents of Gadija Davids, Mogamat and Magboeba Davids. Gadija was a journalist and the only South African on the flotilla. It is a human-interest story that reports on the emotions of the parents and the whereabouts of their daughter. (The very few times that the flotilla issue is mentioned serve to give background to the trauma that members of the Davids family were encountering.)
One can therefore not reasonable expect the newspaper to “record circumstances surrounding the attack” in this specific story.
The June 7 story reports on Netanyahu’s version of the events. This is what Netanyahu reportedly said:
The allegation that these activists were in fact hired mercenaries is also reported, as well as the following: “Videos released by the army have shown a crowd attacking the commandos as they landed on a ship from a helicopter, beating the soldiers with clubs and other objects. The army has displayed pictures of knives, slingshots and metal rods taken from the assailants. Video footage seized from reporters and security cameras on board the ship show a group of young men brandishing clubs and other weapons ahead of the arrival of the soldiers.”
A comparison between the story and the media release shows that much of what is contained in the media release is either reported on or (at least partly) implied in this story. For example:
This leaves us with two issues that are mentioned in the media release but which are not reported on in this story – the maritime blockade and related matters (that the flotilla had been warned not to enter the area, that Israel offered the flotilla the opportunity to land in Ashdod, and that Israel “had no option but to board” the vessels when the flotilla ignored its warnings) as well as flotilla organizer Berlin’s comment to the effect that the mission was not about humanitarian aid, but about breaking Israel’s siege.
Firstly, if the newspaper did go into the issue of the maritime blockade and related issues, it probably would have had to shorten and even cut out other important aspects of the story. There is only so much space. Secondly, the focus of the story is on Netanyahu’s reaction to the incident. If these other issues were reported on, it would have altered the focus of the story. The newspaper can therefore not be faulted for omitting these aspects in this specific story.
However, the
The reference to Sharpeville Day inflammatory
Gordon complains that the statement attributed to Magboeba Davids (where she compares the flotilla incident with Sharpeville Day in the June 3 story) is inflammatory.
The newspaper does not reply to this part of the complaint.
The comparison between the flotilla attack and Sharpeville Day is far-fetched – the background and circumstances of these two events are vastly different.
However, it must be kept in mind that this is a human-interest story that focuses on the hearts and minds of Gadija’s parents. The quote is attributed to the mother and is not presented as a fact, highlighting the emotion and turmoil that she has been going through.
It is understandable that some people may not like the comparison, but when read and understood in context it is not in breach of the Press Code.
No mention that the Israelis were first attacked
We have already dealt with this part of the complaint. The June 7 story clearly says that videos have shown “a crowd attacking the commandos as they landed on a ship from a helicopter” (emphasis added).
No empathy for young Israelis
Gordon complains that there is no empathy in the stories for the young Israeli soldiers who were “lynched, tortured and horribly abused”. On the other hand, she says, great concern was showed for Davids “who works for the Islamic Talk Radio 786 in
The Times argues that the Gadija story was newsworthy – she was part of the group of people who were detained and interrogated by Israeli security forces. The newspaper adds that the Israeli military itself admitted that it had mishandled the people on the flotilla during the attack – the implication is that Gadija may have been mishandled herself.
It must be remembered that nine people died in this attack. None of them were Israelis. The lack of “empathy” with the Israeli soldiers who were “lynched, tortured and horribly” must be interpreted in this light.
The “great concern” for Davids is understandable, as she was the only South African involved in the incident.
No report on ties with Hamas and Al Qaida
Gordon complains that the newspaper did not quote the Israeli Deputy Foreign Minister who said that the flotilla organizers had ties with Hamas and Al Qaida, “both terror organizations bent on the destruction of
The newspaper does not reply to this part of the complaint.
Although the names “Hamas” and “Al Qaida” are not mentioned in the stories (in connection with ties with the flotilla organizers), it is reported that Netanyahu said the activists were from “an extremist, terrorism-supporting organization”.
TV coverage of ammunition on the flotilla boats ignored
The complaint is that The Times probably saw the videos that showed boxes of heavy weapons and ammunition (during the unloading of the Mavi Marmara in the
The Times does not comment on this part of the complaint.
It may be true that that the newspaper did not report on the weapons and ammunition that was unloaded in Asdod, but it did not ignore the presence of weapons on the ship either. The June 7 story mentions the possibility that some of the activists were hired mercenaries, also that they had weapons (clubs, other objects, knives, slingshots, metal rods are mentioned).
Clearly, the newspaper did not try to hide the fact that there were all sorts of weapons on board the ship.
Selective, biased editing
Gordan complains that her letter to the editor, headlined Times is clearly biased, was edited selectively, providing blatant proof of the bias of the newspaper and its refusal to acknowledge factual information.
The parts of the letter that were edited out all correspond to those in the media statement by the SA Zionist Federation. They are:
The Times says it published Gordon’s letter two days after its first story ran – while the story was still developing. It says: “This is amongst the swiftest a letter has been published in a newspaper.” The newspaper adds that it was under no obligation to publish the letter and that it was well within its rights to cut the letter for space. “No newspaper runs five-page letters to length.” The newspaper rejects Gordon’s allegation that it was prejudiced and unbalanced in the way it had edited her letter.
Firstly, I can understand Gordon’s point of view – the issues that the newspaper had not reported on in its stories are the very same ones that were edited out of her letter.
However, it is also understandable that newspapers (sometimes drastically) edit out parts of letters to the editor. This is mostly a practical thing (too many letters, too little space) as opposed to a practice related to an ideological stance.
Although many details in Gordan’s letter were omitted, the following was published: “Both in the news reports and your editorial of June 1, you chose to ignore the role of terrorist group Hamas and its supporters, who promote violence under the guise of humanitarian activity, in favour of condemning Israel based on one-sided, prejudicial and misleading information.” The publication of this pretty powerful sentence does not indicate any bias or prejudice on the part of the newspaper.
The same goes for the headline: Times is clearly biased.
The editorials: Condemnatory, inflammatory
Gordon says the editorials are blatantly condemnatory of
The Times argues that its editorials were a fair reflection of the outrage directed against
The June 1 editorial says the world looks to American President and Nobel peace laureate Barak Obama to find a way “out of this intractable mess”. The editorial joins a large part of the world in condemning
The fact that the newspaper rejects ben Eliezer’s argument does not imply any bias on its part.
The June 4 editorial hails the South African Government’s decision to recall its ambassador to
Regarding the
Gordon disputes this, saying that “further information providing the historical facts was not published in The Times”.
This is not completely true. On June 4, a story (headlined ‘Activists seized marines’ –
Yet, Gordon still has a point with reference to the
This does not mean that The Times should necessarily have lessened its criticism of
But that is not the point. The readers had the right to know what
Finding
No attempt to record the circumstances surrounding the attack
This part of the complaint is dismissed.
The reference to Sharpeville Day inflammatory
This part of the complaint is dismissed.
No mention that the Israelis were first attacked
This part of the complaint is dismissed.
No empathy for young Israelis
This part of the complaint is dismissed.
No report on ties with Hamas and Al Qaida
This part of the complaint is dismissed.
TV coverage of ammunition on the flotilla boats ignored
This part of the complaint is dismissed.
Selective, biased editing
This part of the complaint is dismissed.
The editorials
The complaint is dismissed with regards to the first editorial.
Regarding the second editorial: The mentioning of alleged admission of a flotilla organizer (namely that the flotilla’s mission was not a humanitarian one) may have influenced the way in which some readers may have interpreted the events. The Times neglected to refer to this alleged statement. This should have been done, either in a news story or in an editorial. This omission is in breach of Art. 1.2 of the Press Code that states: “News shall be presented in context and in a balanced manner, without any intentional or negligent departure from the facts whether by…material omissions…”
Sanction
The Times is reprimanded and directed to publish
The newspaper is also directed to publish a summary of this finding (not the whole ruling). Our office should be furnished with this text prior to publication.
Please add the following sentence at the end of the text: “Visit www.presscouncil.org.za (rulings, 2010) for the full finding.
Appeal
Please note that our Complaints Procedures lay down that within seven days of receipt of this decision, anyone of the parties may apply for leave to appeal to the Chairperson of the SA Press Appeals Panel, Judge Ralph Zulman, fully setting out the grounds of appeal. He can be reached at khanyim@ombudsman.org.za.
Johan Retief
Deputy Press Ombudsman