From traditional news reports to self-authored blogs and tweets, today companies face a myriad of reputational hurdles. Even when companies have such robust communications policies in place, there may still be instances where they need to resort to legal or regulatory action to mitigate reputational risks.
Legal tools
Acting against unlawful content
Where unlawful content has been published by an individual on a third-party website (such as a blog platform, review website or online forum), it may be possible to take action against both the author of the defamatory material and, in certain circumstances, the operator of the online platform.
Identifying the trolls
Where unlawful content has been published online anonymously, it may be possible to obtain a court order requiring disclosure of information that will enable you to identify those responsible, in addition to merely seeking the removal of the content. Simply because the author of unlawful material has chosen to remain anonymous does not necessarily mean that they are immune from legal action.
Stopping a publication
Obtaining an injunction to prevent the publication of material which is simply defamatory is very difficult. However, the court may restrain the publication of material that has for example been leaked to the press in breach of confidence or which constitutes an invasion of privacy. They may also grant injunctions to prevent the conduct of journalists if this amounts to harassment.
Seeking retractions and apologies
Under English law, there is no obligation on publishers or broadcasters to offer an apology in the absence of court proceedings. However, reputable publishers who made factual errors may agree to do so, which will usually take the form of a clarification or correction. Obtaining an apology is another avenue one could pursue, which in UK proceedings could take the form of a summary disposal, a statement in open court, a summary of judgment or an offer of amends. Often apologies and clarifications will be published in the same form as the original material (whether in a newspaper or a broadcast programme and also online) although sometimes it may be more convenient for the victim company to obtain a letter from the news organisation retracting the allegations which it can show to key stakeholders.
Regulatory complaints
When an organisation has been the subject of inaccurate reporting, even if it may not be possible to bring formal legal proceedings, it may still be able to make a complaint to the relevant regulator.
In September 2014, the Independent Press Standards Organisation (IPSO) replaced the Press Complaints Commission (PCC) as the self-governing regulator for the newspaper and magazine industry, to which most (but not all) national newspapers subscribe. Introduced in response to the recommendations made in Lord Justice Leveson’s report into the culture, practices and ethics of the press, IPSO is responsible for enforcing its Editors’ Code of Practice which prescribes a number of industry standards that should be met by its member publishers.
IPSO may conduct its own investigations into complaints relating to editorial content and has a range of powers to sanction publishers that contravene the Editors’ Code of Practice, including:
- Requiring the publication of prominent corrections.
- Requiring the outcome of its adjudications to be published.
- Imposing fines in serious cases.
Ofcom deal with complaints made in respect of independent broadcasters and has its own detailed Broadcasting Code setting out the requisite standards. The BBC has its own system for dealing with complaints made in respect of its programmes and its own editorial guidelines.
Conducting post-incident reviews
Whether or not it has been necessary to resort to legal means, once an incident has been managed or brought to an end it can be useful to conduct a comprehensive review of the situation to assess what aspects were well-handled and what needs further attention. A frank assessment of the company’s shortcomings is often the most effective way to address the problem and prepare for any future crisis scenarios.
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