As social media use grows, media law is no longer just for the rich and famous. It now touches everyday life, says Alex Cochrane of local solicitors Edwards Duthie Shamash
Media law is often perceived to be the preserve of the rich and famous, of celebrities, sports stars and royalty. For example, Prince Harry has been involved in high-profile litigation against several English newspaper groups. However, such a perception is misplaced. Media law plays a part in all our lives, particularly with the widespread use of social media. The main areas of media law that permeate our daily lives are defamation, privacy and harassment.
Defamation is the communication of a false statement to a third party that causes or is likely to cause serious reputational harm. If you have been the target of false allegations on Facebook, Instagram or X (formerly Twitter), for example, or if your business has suffered similar treatment, for instance, in online reviews, you may be able to use defamation laws to protect yourself. If the statement published is false, it identifies you (you do not need to be identified by name), and it has caused or is likely to cause serious harm to your reputation, then you would have an actionable claim in defamation. Although it may be distressing, it is imperative you do not delete the posts – take screenshots because this will be important evidence for your claim.
Misuse of private information is a legal cause of action that protects an individual’s right to protect their personal information. It covers the unauthorised publication of private information where there is a reasonable expectation of privacy. Examples of private information include medical records, personal photographs and private correspondence. If, for instance, following the breakdown of a relationship, your former partner shares or publishes photographs of you of an intimate nature (which you may have previously exchanged consensually), that would amount to a serious misuse of your private information. This is sometimes referred to as ‘image-based abuse’, or ‘revenge porn’. Such conduct can also give rise to criminal offences.
Harassment is unwanted, unwelcome and uninvited behaviour – which can be verbal, physical or online – that violates a person’s dignity or creates an intimidating, hostile or offensive environment. It involves a pattern of behaviour, or ‘course of conduct’, which causes distress, fear or alarm. Common examples of harassment include unwanted communications (such as repeated phone calls or texts), physical conduct (such as unwelcome touching) and abusive messages on social media. If you are the victim of repeated and unwanted abuse which is causing you fear or distress, you may be able to use harassment laws to protect yourself. Harassment can give rise to civil claims, and if it is of a serious nature, can also amount to a criminal offence.
Edwards Duthie Shamash is located at 149 High Street, Wanstead, E11 2RL. For more information, call 020 8514 9000 or visit edwardsduthieshamash.co.uk
