Any organisation can experience adverse media coverage and most will at some point. This coverage can be fair scrutiny that holds them to account. However, often such coverage can be ill informed, untrue and without backup or foundation. It can also be defamatory.
In this age of instant news reporting and public online debate, the reputations of those being discussed is of key concern. Technological innovation has transformed journalism and the dissemination of news which is now delivered instantaneously, in bite sized chunks of information, often without legal checks.
Our media team has unrivalled knowledge and experience in protecting the interests of our clients in anticipation of or following the publication of comment, be it in print, online or broadcast.
Our immediate reaction to developing situations will help you protect your organisation’s reputation from adverse risk, both from the traditional media and other quarters such as disgruntled ex-employees and social media. We can advise you on defamation and privacy issues including threats to publish allegations or commercially sensitive information and can secure the removal of material from websites and other online platforms.
We are adept at employing means to identify authors of online content allowing our clients to challenge content and ensure removal. This includes the employment of Court Orders which can compel the disclosure of details to identify the web-users concerned where there is a clear case of online defamation.
Defamation Awards in Ireland
Given the change in defamation legislation in the UK, which now requires the Plaintiff to prove serious harm before a finding of defamation can be made, Ireland is increasingly seen as a more favourable jurisdiction for parties seeking defamation awards.
Case Study 1
Our specialist team advised in the seminal privacy case in Ireland (Michelle Herrity -v- Associated Newspapers (Ireland) Limited) which was an action for breach of the Plaintiff’s constitutional right to privacy where the newspaper had published transcripts of illegally obtained recordings of phone calls.
Case Study 2
Our client, a leading fuel and convenience brand was contacted by a current affairs programme asking for a comment in relation to an investigation they were conducting into fuel quality. It transpired that the programme intended showing footage of a branded service station of our client. We sought undertakings that the current affairs programme would not show any footage of our client’s logo, branding or anything that could identify our client with the allegations that were being made. We drafted a statement to the current affairs programme on behalf of our client. We also reminded the programme makers of their obligations under the Broadcasting Authority of Ireland’s Code of Fairness. Objectivity and impartiality in news and current affairs and their responsibilities of fairness and responsible journalism.
We have also advised high net worth individuals in relation to media criticism achieving front page apologies from national newspapers.
Protecting your reputation with legal professional privilege. Click here to read more.