Media And Communications Claims - Essential Conduct Before Starting A Claim

Published date11 April 2022
Law FirmGiambrone & Partners
AuthorMr 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...

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