The Law
Understanding the legal framework is key to protecting your reputation. Learn more about the laws governing defamation, privacy, and media in the UK.
"Regard your good name as the richest jewel you can possibly be possessed of."
Defamation and privacy law in the UK are complex and constantly evolving. Wolfe Carter provides expert consultancy services to help clients navigate these legal intricacies, ensuring their reputation and privacy are safeguarded. Below, we explain the key legal principles and processes relevant to our expertise.
Key Legal Areas
Defamation Law
Defamation occurs when a false statement is published that harms an individual's or business's reputation.
Key Points:
- Defamation Act 2013: Governs defamation law in England and Wales.
- Libel: Defamation in written or permanent forms (e.g., online articles, blogs).
- Slander: Defamation in spoken or temporary forms (e.g., speeches, broadcasts).
- Serious Harm Threshold: A statement must cause or be likely to cause serious harm to the claimant's reputation.
Defences to Defamation Claims:
- Truth: The statement is substantially true.
- Honest Opinion: The statement is a genuinely held opinion based on facts.
- Public Interest: The statement was published on a matter of public interest.
- Privilege: Statements made in certain contexts (e.g., parliamentary debates, judicial proceedings) are protected.
Privacy Law
Privacy law protects individuals from the misuse of their private information and personal data.
Key Concepts:
- Misuse of Private Information: Unauthorized access or publication of private details (e.g., medical records, personal photographs).
- Right to Be Forgotten: Individuals can request the removal of outdated or irrelevant information from search engine results.
- Data Protection Laws: Govern the collection, use, and storage of personal data under the UK GDPR and Data Protection Act 2018.
- Privacy and Electronic Communications Regulations (PECR): Complements data protection laws, covering specific areas such as marketing calls, emails, texts, and cookies.
Recent Developments:
- Increased focus on data breach notifications and penalties.
- Growing importance of privacy impact assessments for new technologies.
- Evolving case law on the balance between privacy rights and freedom of expression.
Online Defamation & Harassment
The internet and social media have amplified the risks of defamation and harassment, presenting new challenges for individuals and businesses.
Key Areas:
- Social Media Platforms: Harmful posts, comments, and reviews can spread quickly and widely.
- Anonymity Challenges: Legal tools like Norwich Pharmacal Orders can help unmask anonymous perpetrators.
- Harassment Law: The Protection from Harassment Act 1997 prohibits persistent conduct causing alarm or distress.
- Cyberbullying: Increasing focus on legal remedies for online harassment and bullying.
- Revenge Porn: Criminal offence under the Criminal Justice and Courts Act 2015.
Legal Strategies:
- Takedown notices to platforms and hosting providers.
- Injunctions to prevent further publication or harassment.
- Damages claims for serious harm caused by online defamation.
- Criminal proceedings for the most severe cases of harassment or threats.
Adverse Media Coverage
False or damaging media coverage can have long-lasting effects on individuals and organizations.
Legal Options:
- Pre-Publication Interventions: Prevent harmful content from being published through legal notices and negotiations.
- Post-Publication Remedies: Seek corrections, retractions, or damages for published content.
- Right of Reply: Opportunity to respond to allegations in the same publication.
- Complaints to Regulatory Bodies: Such as IPSO (Independent Press Standards Organisation) for print media.
Strategic Considerations:
- Balancing legal action with potential for increased publicity (Streisand effect).
- Importance of swift and strategic responses to minimize reputational damage.
- Utilizing PR strategies alongside legal remedies for comprehensive reputation management.
- Monitoring and addressing online republication of adverse media content.