Media litigation in the Internet age

Our Media Litigation Toolkit Series is back to provide a practical refresher of the key topics in this area, including discussion of the developments over the past year.

In the digital age, information is disseminated faster, easier and with less accountability than ever before, posing significant risks and challenges to both individuals and organisations. These technological developments have brought to the fore concerns around privacy and the misuse of personal data. Alongside the technological developments, we have also seen a growth over the past few years in powerful social movements, which can pose complex issues relating to content moderation and reputation management.

The law and practice of reputation management has, in turn, changed very significantly to address these trends and continues to evolve. The draft Online Safety Bill continues to work its way through Parliament and sets out new laws that will revolutionise the regulatory and litigation environment for online content, and which includes the introduction of new “duties of care” for key online services.

Despite recent reform by the Defamation Act 2013, the UK’s libel laws are again the subject of scrutiny. The UK government’s recent consultation into the use of “SLAPPs” (strategic lawsuits against public participation) sought views in relation to a range of proposals related to defamation law, including the potential strengthening of the public interest defence. Following the conclusion of the consultation the Government issued its response in relation to a number of proposed reforms.

There have also been a number of important recent decisions impacting on the ability of claimants to pursue claims (Dyson v Channel 4) and in relation to interpretation of statutory provisions of the Defamation Act 2013, specifically sections 1 (serious harm requirement) and 4 (public interest defence) and publication on social media sites (Banks v Cadwalladr).

Our lawyers are involved in cases at the cutting edge of these developments. In these sessions, we will discuss how the law - in theory and practice - has developed, bringing you the latest insights and how we see things moving forward with practical tips and pointers. Our three sessions will cover:

• Keeping it secret – claims for confidential and/or private information
• Reputation management – dealing with inaccurate allegations as claimant and defendant
• Media litigation in the Internet age, including a discussion of the draft Online Safety Bill