Sensational stories, covers and headlines will attract readers, whether you publish magazines or publish online. However, the risk – both to the media and to the public – in not allowing the facts to get in the way of a good story have been highlighted both by UK and European Courts. Earlier this summer, eight national newspapers paid substantial libel damages and apologised in the High Court to a landlord whom they had implicated in the murder of a young woman. The papers had suggested guilt, following his arrest, based largely on his appearance. That was not the end of the matter for The Sun and The Mirror, since the High Court also found the papers guilty of contempt for publishing articles which would have interfered with the course of any criminal case against the landlord, had he been charged with the crime. Click here to see how Partner Chris Hutchings discusses this on BBC Breakfast.
Three further cases, showing both the obligation on publishers to be responsible, but also the benefits in doing so, have subsequently been decided by the European Court of Human Rights (ECHR). All three involved publication of stories which could be said to be of public interest and contained allegations which were found to be false only after their publication. The ECHR found that where a journalist has acted responsibly and, in particular, has taken reasonable steps, even if not conclusive, to verify allegations, it may be an infringement of the media’s right to freedom of expression (“Article 10”) for a publisher then to be sued for defamation, even though serious defamatory allegations have been published.
The actions of publishers in preparation of content will increasingly come under the scrutiny of the UK courts. In particular, the steps taken by reporters to try to verify facts will be important. These will include, for example, the efforts made to put allegations to the subject of a story. Doing so by email will greatly assist in evidencing such steps. We routinely give pre-publication advice to publisher clients. The commercial benefits of publishing attractive and current content must be balanced with the risks in not taking steps to verify allegations. Not all stories can be said to be of public interest but, in taking sensible steps, the risk to publishers of being sued for libel can be minimised.
For any further information please contact Chris Hutchings, 0207 355 6104.