The Press Complaints Commission (PCC) has backed a newspaper reporter who turned to an internet community for information on an alleged user of child pornography.

When Mark Bretherick, a police officer from Welshpool, Powys, was charged with possessing indecent images, a County Times reporter registered at a medieval roleplay web community frequented by the accused to seek character testimony.

Mr Bretherick complained to the PCC that the reporter engaged forum members in a conversation about him using a false online identity, breaking the industry's privacy code. He also complained that a photograph of him, republished in the newspaper, had been taken from the site without permission, breaking the code governing clandestine operation and subterfuge.

The PC demanded an apology from the County Times but, whilst the journalist had adopted a pseudonym in the forum, the newspaper argued that all the materials obtained for use in the investigation were available in the public domain - and the PCC agreed, refusing to uphold the complaint.

As more people communicate in online public spaces, such arenas are becoming appealing ways for journalists to gather information or interviews. Last month, reporters covering the Virginia Tech shootings poured on to student blogs, seeking eyewitness accounts. This ruling may be an important precedent that sets liberal boundaries in which reporters can use such methods.

"The newspaper said that any member of the public could access the website concerned merely by logging on and joining as a member," the PCC's adjudication read.

"The reporter did this and downloaded the picture of the complainant. In any case, the publication of the photograph was in the public interest in the circumstances.

"Clause 10 states that the press must not seek to obtain or publish material acquired by the unauthorised removal of documents or photographs. On this occasion, the reporter had not physically removed the photograph in question, but rather accessed it from a website which could be joined by any member of the public."

The commission also ruled that the claim of "subterfuge" only amounted to registering with the forum under a different name, and there was still a public interest defence against this.

Mr Bretherick also failed to have the PCC uphold a complaint that the newspaper's publication of his full home address had caused psychological stress to his mother. The 33-year-old last week denied all 18 counts of possessing child pornography at Swansea Crown Court and is due to stand trial in September.

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