Media And Communications Claims - Essential Conduct Before Starting A Claim

• Published date: 11 April 2022
• Subject Matter: Litigation, Mediation & Arbitration, Privacy, Data Protection, Privacy Protection, Libel & Defamation
• Law Firm: Giambrone & Partners
• Author: Mr Khizar Arif

Following a consultation in 2019 on the Pre-action Protocol for Media and Communications Claims the Protocol was updated to adapt the law to be more in line with advances in telecommunications technology. The Protocol now encompasses all cases involving defamation, misuse of private information, data protection law or harassment by publication, and claims in breach of confidence and malicious falsehood which arise from publication or threatened publication by the print or broadcast media, online, on social media or in speech. This update was meant to bring the Civil Procedure Rules (CPR) into the modern age of high-speed online communication. In a world where a statement can be heard all across the world in a matter of minutes, this update is long overdue.

Proportionality, as with many types of claims, is a key point in this protocol. It stresses the importance of not acting irresponsibly and incurring unreasonable costs.

Khizar Arif, a partner, commented "initially, as with most types of claims, a Letter of Claim is sent to the defendant. Due to the limitation period of one year for defamation and malicious falsehood claims, time is of the essence if you wish to pursue a claim under these circumstances. The Letter should contain all relevant details including the names of the parties, the remedies sought and the basis of the claim and also details of any funding arrangement if applicable." Khizar further remarked, "given the often global nature of claims relating to areas of media and communications, you should also include all facts or matters relevant to jurisdiction in which the breach occurred."

Additionally, if your claim is for defamation and/or malicious falsehood, you should include the following information:

• The publication in which the offending statement appears;
• A transcript of the statement, or for the case of slander, the circumstances in which the statement was spoken;
• An outline of what the statement accuses the claimant of;
• Why the statement was inaccurate or insupportable;
• With regard to defamation, why the statement is likely to cause harm;
• The value of the financial loss suffered;
• For cases of slander or malicious falsehood, how and why the statement caused special damage or pecuniary loss, alternatively why the statement is actionable without proof of actual loss;
• For the case of malicious falsehood, an outline of the claimant's case in regards to malice;
• How the claimant would be identified by the statement.

For cases of...