Photo of Joanna Conway (UK)

A carefully curated social media presence is a critical business requirement, but there are risks. One of these risks is unlawful content – be that unlawful content posted to your businesses’ own social media account (exposing the company to potential liability) or harmful content about your business (or its C-Suite or key personnel) posted on independent sites.

So how do you tackle unlawful content? Often the first point of call is the law of defamation. The UK is renowned as a claimant friendly jurisdiction for defamation litigation. With its widely respected court system and judiciary, the UK has been the forum of choice for international defamation disputes. Note that the rules have recently been tightened up with stricter thresholds brought in for defamation actions and a requirement, aimed at stopping “libel tourism,” that for claims against non-EU defendants the UK must be the “most appropriate place” in which to litigate (the Defamation Act 2013).