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 organisations. We represent both the interests of publishers and content creators and those of individuals and organisations who are confronted with 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 expression and the public interest in a free press. On the other is the right of individuals and organisations to privacy and protection of their reputation. Over the years, the judiciary has developed a careful framework for this balancing act.

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 weigh in. For instance, the media should conduct careful research and apply the rule of law before publishing or insinuating serious allegations. Another factor is whether the publication serves a general social interest or is merely aimed at sensationalisation.

When is a publication unlawful?

A publication may be unlawful for several reasons. It may be factually incorrect accusations, but also an unjustified invasion of someone’s privacy. Even if facts are correct in themselves, their presentation may be unlawful due to unsubstantiated suggestions or lack of important context, for example.

It is possible to take action against unlawful publications both after publication and also before publication. Both damages and rectification are among the possibilities.

Rectification and rectification

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

We regularly see that a publication is part of a broader media campaign. In such cases, a coordinated approach beyond legal action is needed. Where necessary, we work with communications consultants to arrive at an effective strategy.

Contact

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