Press Law

Back to TMC - Technology, Media & Communications

Advice for media firms, affected companies and private individuals

The media sector is more profoundly impacted by digital transformation than almost any other industry. Along with overcoming major commercial challenges, media companies must also continue to comply with strict duties of care in their publications. With regard to the other side of the divide, it is becoming increasingly difficult for businesses and private individuals to protect their reputations and personal rights because damaging statements spread like wildfire online and via social networks. Lawyers advising on press law matters thus need a high level of experience and accuracy, combined with speed and cost awareness.

Long experience of handling press-related litigation  

We represent well-known newspaper and magazine publishers, TV broadcasters, Internet platforms and other online providers as well as companies and private individuals in all matters relating to press law and freedom of expression. Our expertise covers the full range of requirements – from defending press freedoms that enjoy special status as fundamental rights on the one hand to protection of personal privacy and reputation management on the other. All our clients benefit from our long experience of handling numerous lawsuits involving press law. Importantly, our lawyers specialising in press law are equally familiar with the details (and differences) of local case law and with the latest supreme court rulings. We also share our forensic experience in regular publications that contribute to the academic debate around developments in press law.

Press law for media firms – from prevention to legal action

Our services for media companies in relation to press and media law cover the entire media production spectrum, allowing us to support editorial teams, writers and television producers from the research stage onwards. We also review articles and rough cuts of television reports prior to publication or broadcasting. In doing so, we work closely with the media firms’ own legal departments.

If the reporting is challenged, we represent media companies and journalists to defend them against claims for the right of reply, injunctive relief, damages and compensation. Our services for the media sector briefly comprise: 

  • Legal review of media products
  • Legal advice on matters relating to freedom of expression
  • Negotiations aimed at settling freedom of expression disputes
  • Litigation throughout Germany in relation to press law

Protection of reputation for companies and private individuals

In press law matters, we also represent companies and private individuals who are affected by false or defamatory media reporting. In cases where our clients’ personal rights have been infringed, we assert claims for the right of reply, injunctive relief, correction, damages and compensation, either out of court or through immediate court action, if necessary.

In addition, we advise companies on their communications and help them to deal with information requests from journalists in cases where a considered response is particularly important. The lawyers in our press law team also advise on protection of reputation and on crisis communication, both online and offline. We ensure that infringing content is deleted promptly from the Internet, including removal from search engine hit lists. Our services for companies and private individuals briefly comprise:

  • Advice on dealing with media queries
  • Preventive measures to avoid potential infringements of rights
  • Asserting claims (out of court and in court)
  • Reputation management, crisis communication and crisis management

"The press lawyers operate successfully as a self-sufficient practice within the large TMT group. The team led by Fricke is hired by both the media and plaintiff side. It frequently acts as a specialist for reporting on the suspicion of a criminal offence in its extensive work for the ARD public broadcasters. This means that CMS has often been involved in the press law aspects of the major economic scandals of recent years, such as dividend stripping and Wirecard. This expertise is being sought by a growing number of companies [...], who turn to the experienced team because of the threat of reporting, or reporting that is already underway."

JUVE German Commercial Law Firms 2022 (GCLF)

Die häufig empfohlene Praxis für Presse- u. Äußerungsrecht ist als integrierter Teil eines größeren Medienteams seit Jahren eine feste Größe im Markt.

JUVE Handbuch, 2016/2017

CMS gehört im Presse- und Verlagswesen ‘zu den besten Sozietäten in Deutschland, wenn einem Know-How, Erfahrung und ein gutes Preis-Leistungs-Verhältnis am Herzen liegen’.

The Legal 500 Deutschland, 2017

Spitzenposition

Kanzleimonitor 2016, 2017

Allen voran die Sozietät CMS Hasche Sigle, […] die das Ranking anführt [...].

Kanzleimonitor 2016, 2017

CMS provides ‘excellent, pragmatic, practical and useful’ advice on press and freedom of speech issues in the print and online sectors.

The Legal 500 EMEA, 2016
24/12/2020
CMS Technology, Media & Communications Global Brochure
The challenges arising from data are countless and inescapable in our maturing technological landscape. To future-proof your organisation, and unlock opportunity from your data, you need alert and experienced...

Feed

27/02/2022
Handling the new EU and UK sanctions against Russia
Since 2014, the EU and the UK have progressively imposed sanctions on Russia in response to the crisis in Ukraine. Following the latest events, both the EU and the UK, as well as many other countries...
04/11/2021
Hey, Copyright Directive! A video series to explain copyright rules revamped
While designed to protect contributors with unequal bargaining power, the Copyright Directive’s package of measures introduces great uncertainty into long-established industry structures. Further, the...
01/06/2021
Some leaks can't be fixed
“Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This...
24/12/2020
CMS Technology, Media & Communications Global Brochure
The challenges arising from data are countless and inescapable in our maturing technological landscape. To future-proof your organisation, and unlock opportunity from your data, you need alert and experienced...
02/07/2018
Finding the balance: human touch versus high tech
Today, we launch our new report for the hotel and restaurant sector. Hotels and restaurants are increasingly expected to deliver a new and different experience; one that leaves a lasting memory, distinguishes...
24/06/2016
Brexit Next: Legal Implications
The British people have voted to leave the European Union.No European Union Member State has left the EU so the process of withdrawal is untested. Effecting a successful “Brexit” will involve disentangling...
15/06/2016
EU Referendum: 50 questions
With only days to go to the EU referendum in the UK, we have devised 50 questions with suggested answers and resources. EU membership affects our work and our family life, education, health, travel, security...
29/01/2016
Emerging Europe M&A 2015/2016 report
CMS has launched the 5th edition of the CMS and EMIS DealWatch ‘Emerging Europe: M&A Report’. Having completed more deals than any other CEE-based law firm, CMS is ideally placed to comment on the...
19/01/2016
CMS to host “Future of Digital Business” forum in Davos
Frankfurt, 19 January 2016. For the second year, CMS, a top ten international law firm, in conjunction with Germany’s leading weekly newspaper Die Zeit, has invited business and political leaders to...
15/12/2015
Global Lifesciences Forum Report 2015
The CMS Lifesciences Sector Group is delighted to share with you the Global Lifesciences Forum Report following our Forum in Frankfurt last month. The report is an excellent piece of thought leadership...
14/12/2015
The European Court of Justice's Safe Harbour Decision: Consequences and...
Register now >>The CMS Employment & Pensions and TMC Practice Groups are delighted to invite you to our joint webinar on the implications of the European Court of Justice's Safe Harbour Decision across...
21/05/2014
How will Google respond?
This article was produced by Olswang LLP, which joined with CMS on 1 May 2017. Google's only public response to the judgment so far is to say that it is "disappointed" by the decision. It is reported...