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Protecting reputation beyond defamation: malicious falsehood, misuse of private information, breach of confidence, data protection, harassment, negligent misstatement, copyright—strategy, jurisdiction and damages (England and Wales)
PRACTICE NOTES
Protecting reputation beyond defamation: malicious falsehood, misuse of private information, breach of confidence, data protection, harassment, negligent misstatement, copyright—strategy, jurisdiction and damages (England and Wales)
Relationship between causes of action for reputational damage claims which may provide alternatives to a defamation claim This Practice Note explores how other causes of action connected to reputational harm may operate as alternatives to a defamation claim. It examines malicious falsehood, misuse of private information, breach of confidence, contraventions of data protection legislation, harassment and negligent misstatement. Defamation remains the core route for safeguarding reputation. In essence, such a claim arises where material is communicated to third parties that diminishes the claimant in the eyes of reasonable members of the public, carrying an allegation capable of causing serious harm to their reputation, and where no defence in law applies. For further detail, see Practice Note: Defamation. In certain situations, it can be appropriate—and sometimes necessary—to pursue a different cause of action, potentially against a person other than the original publisher. Care is
TMT
Social Media: UK Criminal Offences, Civil Remedies and Platform Liability—OSA 2023, CPS Guidance, Defamation, Privacy, Data Protection, IP, DMCCA 2024, CAP Code, and EU DSA Considerations
PRACTICE NOTES
Social Media: UK Criminal Offences, Civil Remedies and Platform Liability—OSA 2023, CPS Guidance, Defamation, Privacy, Data Protection, IP, DMCCA 2024, CAP Code, and EU DSA Considerations
The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as: trolling cyberbullying virtual mobbing cyberstalking flaming creating fake social media accounts It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 (OSA 2023). The second part addresses civil causes of action that might arise, including: defamation misuse of private information civil harassment data protection infringement of intellectual property (IP) rights consumer protection and advertising regulations disinformation practical ways to bring an action the ‘right to be forgotten’ and to ‘erasure’ Brexit This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based practitioners and noting key areas of
TMT
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