2011 will largely be remembered as the year the UK media – and the law which seeks to govern it –dominated the news. The fortunes of the media have dramatically ebbed and flowed over twelve months as new controversies as to its actions or attacks on its ability to report stories have arisen. The media is, however, a broad industry with diverse sectors. In representing several publishers alongside those with complaints to the media, we are able to gauge the overall impact of these significant developments from a balanced perspective.
Earlier in the year, privacy law (including the often wrongly-described “superinjunction”) made headlines, culminating in the failed attempts by lawyers acting for Ryan Giggs to prevent his identity being disclosed in the face of widespread speculation on Twitter. Despite several further set-backs for other well-known individuals seeking to prevent publication on grounds of invasion of privacy, we see this aspect of media law continuing to be one increasingly used to curtail publication.
Meanwhile, libel law has come under attack through a concerted campaign by the media, seeking new legislation to strengthen its hand in defending claims for defamation. The aim of such reforms may broadly be stated as enhancing the press’ right to freedom of expression, whilst also emphasising the importance of access to justice for all with complaints. Indeed, we have seen a significant increase this year in instructions from executives and individuals who do not have “celebrity” public profiles. Proposed libel reforms have been kicked around Parliament this year and significant amendments have been made in the process but we expect new law to be enacted over coming months subject to any delay caused by the ongoing Leveson Inquiry.
Meanwhile, increasing pressure is being put on complainants to consider other means for resolving defamation complaints through alternative dispute resolution [see item in this issue] which in a number of instances may provide swift remedies at lesser cost.
These developments would rightly be viewed as amounting to a significant shift in favour of the media over the past twelve months, were it not for the phone hacking scandal which now dominates the agenda in terms of the power of the press. The ongoing Leveson Inquiry is highlighting not only the hacking of victims’ phones and computers, but its remit has allowed other disgruntled members of the public to attack the actions of the media in broader terms. Further, the role of the
The media will remain the story over coming months, with the Leveson Inquiry continuing, phone hacking trials commencing and the ongoing debate as to a new Defamation Act.
For further information please contact Chris Hutchings on 0207 355 6104 or e-mail: chutchings@hamlins.co.uk