Media liabilities - DAC Beachcroft

Media liabilities

Increasingly, our clients are having to defend and assert their legal rights in respect of content appearing in the media – whether broadcast programmes, webcasting, social media posts or traditional paper books, magazines or newspapers. The proliferation of social media and the speed of communications in today's world means that legal issues are often "out there" instantaneously and a speedy and robust response is required.

What we do

Our team advises clients ranging from prominent individuals to FTSE100 listed companies, from start-up owner managed businesses to some of the largest public bodies in the UK. We help our clients negotiate through the legal issues associated with the media – what can properly be published and what does our client have a legitimate right to object to? What rules must the newspaper, website or broadcaster comply with? What are the legal issues when considering whether to challenge or respond to content?

We work with public relations firms and other professionals to provide a joined up and effective team to make the best of what is often a difficult and fast moving situation.

What we are known for

Part of our job in a tricky situation is not to make our client's life more difficult. We provide a no-fuss, pragmatic service that cuts the jargon, and looks to secure workable and strong commercial outcomes quickly. Sometimes this can involve emergency applications to the Court, but often it involves discussing issues with the lawyers within the media outlets.

We help our clients understand what they can challenge or object to and to explain their position in a fair and sustainable way. 

Detailed elements of our services

The advice we offer includes the following:

  • Advice on compliance with the IPSO Editors' Code of Conduct and the various Broadcast Codes;
  • Advice on whether media content constitutes defamation, harassment, invasion of privacy;
  • Litigation in relation to defamatory content, harassment, privacy arising from media content;
  • Advice on self-help remedies with regard to social media platforms;
  • Legal input to statements in crisis management situations;
  • Advice on media related IP issues – such as copyright infringement and issues relating to trademarks and passing off;
  • Comparative advertising;
  • Pre-publication advice;
  • Injunctions in relation to unsustainable publications.

 

Expertise