Bulletproofing your story

Avoiding lawsuits and other legal dangers

More than half of the world’s population live in a country where press freedom is in crisis

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https://www.article19.org/gxr2020//

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Most common

legal threats

• Defamation, SLAPPs
• False accusations, arbitrary detention/arrest
• Cybercrime / online harassment (data privacy violations, criminalisation of online speech, online abuse, cyberstalking, cyber bullying, non-consensual dissemination of intimate images, etc.)
• Protection of sources
• Spyware and digital surveillance
• False news/propaganda
• Satire
• Copyright issues
• Closure of media outlets

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Tips on avoiding legal risks

https://gijn.org/2021/09/01/a-journalists-guide-to-avoiding-lawsuits-and-other-legal-dangers/

Keep in mind…

• You cannot reduce legal risk entirely
• Even if you win, litigation can be very expensive
• How you are attacked and how you can defend yourself depends on the jurisdiction – get local legal advice

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Defamation

(Civil and criminal defamation, SLAPPs and satire)

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Defamation

Defamation is broadly understood as the communication of a false statement that unjustly causes harm or detriment to a legal or natural person’s reputation.

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Some jurisdictions have criminalised defamation.

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SLAPPs - Strategic Legal Action against Public Participation: baseless lawsuits designed to intimidate journalists and others who express critical views on the behaviour of powerful individuals or corporations.

First and foremost: follow good journalistic principles.

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• Keep records – gather evidence
• Audio or video recording: express written consent
• You can be liable for republication of a defamatory statement
• Opinion: make clear it’s your subjective assessment, offered in good faith.
• Publishing defamatory statements: check if you have the right to report on it.
• Check liability coverage and consider professional indemnity insurance or liability insurance.

Satire

Satire has been defined as “….a form of artistic expression and social commentary and, by its inherent features of exaggeration and distortion of reality, naturally aims to provoke and agitate.”

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The main difference between satire and defamation is that satire is not intended to be believed by the public. Satire is biting, critical, and designed to attack.

Satire frequently comes under legal attack, e.g. under the guise of defamation.

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• Signal that the story is not straight news, e.g. tone, headline, unbelievable or outrageous items In the story.

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• Consider the context of the publication, type of publication.

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• Consider using fictitious names.

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• Consider referring to the actual incident.

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• Use of a disclaimer will not necessarily avoid liability.

False Accusations

Trumped up charges, smear campaigns, arbitrary detention

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How to minimise risk?

Assess your risk periodically, especially if your work environment or security situation changes.

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• Reduce vulnerability factors
• Increase protection capacities
• Digital security
• Understand your legal rights
• Prepare: research circumstances of arrest of other journalists, treatment in detention, where are you likely to be taken if arrested, which lawyer would you alert?

How to respond?

If you are arrested and detained:

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• Pay attention to the location, time, circumstances and reason of the arrest.
• Avoid photographing or filming the arrest.
• Document info about the officers involved.
• Assault: keep a record of your injuries, medical treatment received, hospital visits. Try to take notes of the names and visual description of those involved.

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In the event of threats: keep any proof, alert the police, spread the word.

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False Accusations

Online violence

“a new frontline of journalist safety”

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How to minimise the risks?

How to respond?

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• Make a permanent record (and copies) of the content posted online: who, what, where, when

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• Share threats with colleagues, editor, management and work with them to set up procedures to ensure your safety

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• Seek support: psycho-social, legal

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• File a report with the police

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• File a report with the platform on which the content was posted, include a copy of the police report, if it violates the terms of service

Online violence

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• Encourage your media organization to establish a protocol

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• Speak with family and friends about the risk of online harassment

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• Be wary of hashtags, sharing location

If you’re confronted with legal action, support is available

• Finding a reliable lawyer

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• Financial support to cover legal fees

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• Pro bono legal representation

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• Evidence gathering (medico-legal, digital)

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• International advocacy

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• Trial monitoring

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• Emergency financial support

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Support

Contact

alinda.vermeer@mediadefence.org

www.mediadefence.org

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Media Legal Defence Initiative trading as Media Defence, is a Registered Charity (1128789) an Registered Company in England and Wales (6621203)

Questions?