Media Law Advice: How Far Does The Duty Of Care Extend?

The media storm surrounding an Anonymity Injunction (or Super Injunctions as they are referred to in the press) secured by a footballer to prevent the publishing of revelations about his private life has brought into sharp focus the future of privacy laws in England & Wales.

It has also focused attention on the duties and obligations of specialist media firms to provide advice in relation to the potential PR impact of certain legal procedures, such as Anonymity Injunctions.

The fall out from an Anonymity injunction can evidently create a far bigger story than would have been the case had the revelations the Injunction is designed to keep secret simply been published. The difficulties of policing Anonymity Injunctions in the world of multi and social media and as a result of the ability of media outlets outside of the jurisdiction to publish what they want to publish highlight the potential importance of specialist PR advice.

This raises an interesting question as to how far media firms are obliged to go when advising their clients. Whilst we now have the benefit of hindsight, it is nevertheless not difficult to foresee how the situation arose. The jurisdictional prob

lems were always there, but the prospect of users of a social media website, such as twitter, taking matters into their own hands does, on the face of it, seem to be an entirely possible scenario. As a consequence, specialist media firms inevitably assume the responsibility of managing the PR side of this process, as well as the day to day legal and procedural responsibilities. Due consideration to the potential fall out from certain legal procedures would also fall within this widened scope of advice.

There is an increasing expectation on firms generally to consider not just their client's specific legal requirements but the wider business (and indeed personal) implications of what they are trying to achieve. From a media perspective, the prospect that the duty of care extends past legal advice into the PR arena is entirely feasible, particularly when the circumstances were foreseeable. It is an issue that should be borne in mind by media firms and their insurers.

The contents of this article are intended as guidelines for clients and other readers. It is not a substitute for considered advice on specific issues. Consequently, we cannot...