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Protect against Defamation and Privacy actions

15 November 2016

The law of defamation and also the law of privacy is at a watershed. Since the beginning of 2010 the media have stepped up their campaign for a change in our laws, for more flexibility and a greater ability for freedom of expression to be paramount. This has been much more evident since the Human Rights Act 1998 incorporated the European Convention of Human Rights. This inbrief is intended to show how best to try and avoid a letter before action and a claim, when legal advice is appropriate and what to do when you get a complaint.

Protection and Prevention

In both defamation and privacy “protection” and “prevention” are watchwords.

In the event of a claim speedy action must be taken. What follows are some hints and reminders as to what to do in the event that potentially defamatory material may be published or if rights to privacy may be breached.

When looking to publish an article or if you are a PR agency, trying to promote your client, the first question to ask yourself is what are you trying to say, what point are you trying to make? It is vital that if you are using facts that your facts are accurate.

With regard to research being carried out through the use of a cuttings service, or on the internet, try to ensure that you establish some degree of corroboration and do not lift a quote without double checking it.

Please click 'download files' to read the full Insight.

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