Pre-action protocol for defamation and other media and communication claims
The new Pre-Action Protocol for Defamation and Other Media Communication Claims (“the Protocol”) is effective from 4th October 2022. The introduction of the Protocol should be no surprise to practitioners in this jurisdiction, given that a similar Pre-Action Protocol was introduced in England in 2019.
The aim of the Protocol is to facilitate a “cards on the table approach”, by encouraging early disclosure of information. The objective is to promote early resolution. The Protocol is applicable to cases brought in both the High Court and the County Court.
The key changes are:
There are now specific requirements for Letters of Claim depending on the nature of the claim;
There is now a requirement to indicate whether the Plaintiff intends to make an Anonymity Application, in which case, they must set out the basis upon which any Application will be made;
In respect of any claim involving defamation, where the proposed Defendant is not domiciled in the United Kingdom, the Plaintiff is required to specify facts or matters relevant to Northern Ireland being the most appropriate forum for the dispute;
In Defamation claims, there is also a significant focus on the “imputation” the Plaintiff contends was conveyed by the particular statement;
In misuse of private information/breach of confidence claims, the Plaintiff must detail the circumstances giving rise to a reasonable expectation of privacy or confidentiality. There is also a requirement to outline why the Plaintiff’s right to privacy outweighs the right to freedom of expression;
In data protections claims, there is an obligation to specify the categories of information being claimed to constitute or comprise personal data, including, where necessary, the information which is said to constitute sensitive personal data, or to fall within the special category of personal data. The Plaintiff must also specify the identity of the alleged duties breached, including the manner of any breach.
If you require further information, please do not hesitate to contact our Media Team for expert advice.
For specialist media advice, please contact our Media Team, David Craig and Darragh Carney.