Prevalent Issues with Privacy and Defamation
Social media can make or break your career. What can people do to protect themselves against the media? From phone hacking to inaccurate news headlines, we speak to Daniel Taylor about the prevalent issues regarding privacy and defamation.
Daniel has represented household names in their actions against the media, including actors, TV presenters and sportsmen and has many years of experience in dealing with pre-publication issues and the law of contempt, having been involved in copy clearance in relation to ground breaking and agenda setting stories.
A Day in the Life of Daniel Taylor
What started your journey into law?
I was contemplating a career in science or the law, but soon decided that I did not want to be in a lab all day!
When you first qualified as a lawyer, what took you by surprise?
How binary litigation can be in our court system. You either win or lose and there is nothing in the middle, even when the case calls for a more nuanced approach.
What would you say is the biggest lesson you have learnt over the years?
You can never be sure how a case is going to develop and there are often surprises, sometimes good sometimes bad. And to question everything.
Litigation can indeed very stressful and it is always important to reassure clients that one day the ordeal of litigation will come to an end, hopefully sometimes quicker than you or the client thinks.
Can you share an example to how questioning everything worked to your advantage?
I acted for the social worker in the Baby P case in clearing her name in relation to the false allegations in the Sun newspaper that she was responsible for the death of the child. By questioning everything we managed to obtain an apology, an undertaking not to repeat and also damages for her in a long battle where the tabloid had maintained throughout it would not say sorry. As the story unfolded, far from being negligent, she had intervened fearlessly to protect the child but had been overruled.
In sensitive cases such as the Baby P case, how do you support clients during what will be one of the most stressful times of their life?
Litigation can indeed very stressful and it is always important to reassure clients that one day the ordeal of litigation will come to an end, hopefully sometimes quicker than you or the client thinks.
Also, one should never underestimate the difficulties the other side are facing.
One useful tactic is to write down at the inception of a case what it is you are trying to achieve for the particular client.
You were a pioneer in phone hacking litigation; can you share challenges you faced in this area, and how you worked through them?
Initially, there was reluctance by those defendant newspapers involved in the scandal to take the matter seriously; the extent of the scandal was also not recognized at all. That all began to change as the number and prominence of the individuals who had been hacked increased dramatically. Also damages for the phone hacking scandal were initially very low, but as judicial precedents developed, damages for the breaches of privacy rose hugely; so, did the recognition of this being classified as a serious tort.
What changed? When was the turning point, to when people started to take it all seriously?
The closure of the News of the World led to a sea change as to how the scandal was regarded, together with the establishment of The Leveson Inquiry.
Prevalent Issues with PRIVACY AND DEFAMATION
How has social media changed the game when it comes to defamation and privacy?
The speed of having to obtain redress in the social media environment is now paramount. Reputations and privacy can be destroyed at the push of a button.
When I started, you had six years to sue for defamation otherwise it was time barred. Now it is one year. Speed of acting is paramount.
A Statement in Open Court following an action is a very good way of a client vindicating his or her reputation to the world.
What actions can people take prior to resulting to legal action?
The starting point in any action is to send what is known as a Pre-Action Protocol letter. This communication sets out the basis of the complaint and the remedies that the client is seeking in order for legal action to be averted. Sending this letter is often enough to achieve the client’s objectives without having to formally take legal proceedings.
Are there any laws which protect clients against internet giants such as Google, when malicious content is posted?
Yes there are, but there is a huge discussion at the moment at the lack of legal redress against the tech giants in the UK, but they contend they are not publishers, but merely conduits for the information.
Do you foresee any changes occurring regarding the above?
Yes, I do think that is about to change!
Phone hacking: what are the first signs that high profile clients especially, should be aware about?
The first sign can be suspicious telephone activity, such as a large volume of missed or silent phone calls, or not receiving voicemail messages which friends and family say they have left.
What rights protect clients in such cases?
Victims of unlawful voicemail interception have a claim under the tort of misuse of private information. As previously stated, the leading case on the quantum of damages awarded in such cases was brought by this firm.
It is vital that the various platforms are made to comply with their duties and be co-operative with lawyers to take down obviously defamatory or objectionable material on behalf of clients.
Most of the damage has been done, once phone hacking and defamatory statements come to light; can you share what can be done to ensure reputation is maintained?
A Statement in Open Court following an action is a very good way of a client vindicating his or her reputation to the world.
Finally, do you believe there should be tighter regulations and better sanctions in place, in cases we have spoken about?
We would like to see a greater regulation of websites and social media operators. For the first time it appears to be accepted that this is now inevitable. I think that this is a very important change. It is vital that the various platforms are made to comply with their duties and be co-operative with lawyers to take down obviously defamatory or objectionable material on behalf of clients.
Daniel Taylor
020 7427 5970
218 Strand, London, WC2R 1AT
Daniel is one of the most experienced lawyers in the business and specialises in all aspects of media law including libel, privacy, internet law and confidentiality. A number of the cases he has been involved in have led to changes in the law governing the media. He is also a highly experienced commercial litigator.
Daniel has acted for both Claimants and Defendants in numerous high profile actions. This means he understands the media industry, the way journalists think and operate and what is acceptable and not acceptable to print or publish. He also has a thorough understanding of the internet and social media.
Taylor Hampton is recognised as a leader in defamation, privacy, phone hacking and internet litigation. Cases in which the firm has acted led to the closure of the News of the World and the establishment of The Leveson Inquiry. In addition to its media practice, the firm is also a specialist in commercial disputes, immigration and family law (including international cases).
