Kelvin MacKenzie has been cleared by the press regulator over his attack on Fatima Manji, the Channel 4 News presenter, for wearing a hijab while reporting on the Nice terror attacks.
The Independent Press Standards Organisation (Ipso) has rejected a complaint against the Sun columnist, and former editor, that he was guilty of discrimination and harassment.
The ruling is likely to be viewed as controversial. Manji and her Channel 4 bosses were outraged by MacKenzie’s column on 18 July.
MacKenzie accused Channel 4 News of “editorial stupidity” for allowing Manji to wear a hijab when “there had been another shocking slaughter by a Muslim” in Nice.
Manji and ITN chiefs immediately complained to Ipso, contending that the article breached the watchdog’s code on the grounds of discrimination, harassment and accuracy. More than 800 others also complained to the regulator.
It is understood that Manji and Channel 4 News have asked Ipso to review the case, an appeal that was rejected.
In her complaint to Ipso, Manji wrote: “I respect and honour the principle of freedom of expression; I understand that individuals are entitled to make challenging and controversial statements. The right to freedom of expression is not, however, absolute.
“In this case, the Sun published an opinion article that abused that principle of freedom of expression. The purpose of the article appeared to be to incite hatred against Muslims in general, Muslim women in particular, and me.”
But Ipso, in its ruling, stated: “While the columnist’s opinion was undoubtedly offensive to the complainant, and to others, these were views he had been entitled to express.
“The article did not include a prejudicial or pejorative reference to the complainant on the grounds of religion.
“The article did refer to the complainant but it did so to explain what triggered the discussion about a legitimate subject of debate: whether newsreaders should be allowed to wear religious symbols. In the committee’s view, the columnist was permitted to identify what prompted his discussion, rather than merely raising it in the abstract.
“Furthermore he was entitled to express his view that, in the context of a terrorist act which had been carried out ostensibly in the name of Islam, it was inappropriate for a person wearing Islamic dress to present coverage of the story.”
Channel 4 News editor Ben de Pear said: “We are dismayed by today’s Ipso ruling, which has cleared Kelvin MacKenzie of any wrongdoing, on all grounds.
“Whilst we agree that freedom of expression is a fundamental right, we do not believe that it should be used as a licence to incite or discriminate.
“His inflammatory comments on Fatima Manji’s professional status, which were widely condemned, and his attempts to equate the wearing of a hijab with support for terrorism, have no place in a properly informed and tolerant society.
“At Channel 4 News we employ reporters based on their journalistic skills, not their ethnicity. We see no reason why a Muslim journalist should be prevented from covering any story and Fatima will continue to report and present the news on the issues of the day with impartiality and depth.
“We are grateful for all the support shown to Fatima during this difficult time.”
Clause 12 of the editors’ code of practice states that the press must avoid “prejudicial or pejorative reference to an individual’s, race, colour, religion, sex, gender identity, sexual orientation or to any physical or mental illness or disability”.
Ipso has concluded that newspaper columnists should be free to make “pejorative” and “prejudicial” remarks about the Muslim faith or any other religion even if such remarks may cause offence to those who practise it.
In March, Ipso upheld a complaint against the Sun for breaching the editors’ code on accuracy after publishing a front-page article that claimed one in five British Muslims had sympathy for jihadis.