Defamation, Data, Privacy: Shaping New Law into Solution-Focused Answers for Clients

Serious harm

At ground level, how is the serious harm test impacting on publishing and broadcasting decisions?

How do you evaluate it, meaningfully?

Answered by: Adam Wolanski QC

Adam represented the newspaper in Johnny Depp's highly publicised libel action against News Group Newspapers. "He is brilliant in written submissions and strategic advice.”

Public interest

When does the public interest override obligations under reputation protection clauses, typically included in settlement agreements and employment contracts/policies?

Answered by: Lord Garnier QC

Edward advised two data analysis companies accused of improper conduct over the UK EU referendum and the US Presidential election. "His experience is second to none.”

Serafin

What is the practical impact of Serafin on the public interest defence – can publishers ignore the Reynolds "checklist" - and can they publish without getting the claimant's response?

Answered by: Heather Rogers QC

Heather acted in Serafin v Malkiewicz, the first defence of publication on a matter of public interest case based on s. 4 of the Defamation Act 2013. "She's brilliant - a complete star."

Article 8

What are the unresolved privacy issues - legal and practical - over the reporting of crime and arrests pre-charge, following the decision in ZXC v Bloomberg?

Answered by: Sara Mansoori

Sara acted for the claimant in the privacy and data protection claim ZXC v Bloomberg. "Her ability to get quickly to the heart of the case and pre-empt the other side is superb."

Damages

Against a backdrop of recent and live cases, how do you quantify - with accuracy - damages in privacy, defamation and data cases post GDPR?

Answered by: Jonathan Price

Jonathan acted in Stocker v Stocker which looked at meaning, justification and legal responsibility for online publication. "He is quite simply a brilliant junior barrister.”

Data privacy

To what extent is meaning relevant in data privacy claims, regarding the spate of recent decisions including Aven v Orbis?

Answered by: Kirsten Sjovoll

Kirsten is "a rising star - an incredible advocate," who acted in the Aven v Orbis litigation. She is editorial complaints officer for the independent adjudicator for The Guardian and Observer.

Persons unknown

Weighing up all the tactical scenarios, how do you take action against "persons unknown", before fake and doctored news is spread on social media?

Answered by: Dan Tench of CMS

Dan is "a miracle worker and the person you want in case something is more complex than people have realised." He acted in the hotly contested Vidal-Hall & Ors v Google.

Data Protection Act

What is the potency of the DPA for (1) enforcing the right to be forgotten and (2) correcting long-standing 'accuracy' issues on websites (for which a defamation claim is no longer available)?

Answered by: Aidan Eardley

Aidan defended the BBC against Cliff Richard's claim about the misuse of private information and unlawful processing of data. "He has an exceptional brain and a first-class work ethic."