Miss Jane Andrews of HMP Bullwood Hall, Essex, complained to the Press Complaints Commission that a photograph accompanying an article headlined “Life in cell block HRH” published in the Daily Mail on June 9 2001 was obtained in breach of Clause 11 (Misrepresentation) and that its taking and publication was in breach of Clause 3 (Privacy).

The complainant, who had been convicted of murder two weeks previously, was photographed while she was in the audience for a pop concert that took place in HMP Holloway. The complainant - initially through solicitors - said that the photograph had been obtained by using subterfuge in breach of Clause 11. She said that the photographer had been allowed access to the prison for the event only after having signed a contract which required him, among other stipulations, not to take photographs of prisoners without their written consent. A copy of the contract - which was with The Mirror newspaper - was sent to the Commission. The complainant said that the photograph intruded into her privacy.

The newspaper replied that it had obtained the photograph legitimately from The Mirror’s syndication department and that there was nothing to indicate that there were any restrictions on its use.

The Commission has already set out, in its decision on another complaint against The Mirror, why it could not uphold the complaints under Clauses 3 and 11. It therefore referred the complainant to the terms of that decision to explain why it also did not uphold the complaint against the Daily Mail.