In today’s media landscape, reputational damage can happen at lightning speed. One publication, one tweet or one news item can have far-reaching consequences for individuals and organizations. We represent the interests of publishers and content creators as well as those of individuals and organisations facing unwanted publicity.

The balance between freedom of expression and protection

Media law revolves around a delicate balance. On one side is the fundamental right to freedom of speech and the public interest in a free press. On the other hand, the right of individuals and organizations to privacy and protection of their reputation. Over the years, case law has developed a careful framework for this consideration.

Criticism may be sharp, and unwelcome information may also be published in principle. But the more serious the accusation, the stronger the substantiation must be. Many factors play a role. For example, the media must conduct careful research and apply the principle of hearing both sides of the story before publishing or insinuating serious allegations. Another factor is whether the publication serves a general social interest or is merely sensationalist.

When is a publication unlawful?

A publication may be unlawful for several reasons. The allegations may be factually incorrect, or they may be an unwarranted invasion of a person’s privacy. Even if facts are accurate in themselves, their presentation may be illegitimate due to, for example, unsubstantiated suggestions or lack of important context.

It is possible to take action against unlawful publications both after publication and before publication. Both compensation and rectification are possible.

Rectification and recovery

A rectification must be effective to achieve its intended purpose. Practice shows that not only the content, but also the timing and method of publication are crucial. A correction must be prominent enough to reach the original audience. In the digital age, this often means updating online resources and paying attention to search engine results as well.

We frequently see that a publication is part of a broader media campaign. In such cases, a coordinated approach beyond legal action is needed. We work with communications consultants as needed to achieve an effective strategy.

Contact

Are you facing unwanted publicity or need advice on a proposed publication? If so, please contact Guldemond Advocaten.