Privacy, harassment and misuse of private information
Sometimes the problem is not that the material is untrue. It is that it is nobody else’s business. Truth is not a defence to a privacy claim, which is why this is frequently the stronger route.
Misuse of private information
A claim in its own right, and quite separate from defamation.
The court asks two questions. Did you have a reasonable expectation of privacy in the information? And if so, does your right to privacy outweigh the publisher’s right to freedom of expression in the circumstances?
Neither right automatically wins. The court weighs them, taking account of how private the information is, how it was obtained, the effect of publication, and whether there is a genuine public interest — which is not the same as the public being interested.
Information typically attracting a reasonable expectation of privacy: health, including mental health; sexual life and relationships; family life and children; financial affairs; correspondence and private communications; addresses and location; and material obtained from a private setting.
Data protection
A parallel route, and frequently overlooked.
Publishing personal data about someone is processing it, and UK data protection law applies. There may be rights to object to processing, to have inaccurate data corrected, and to erasure. Where material is inaccurate or excessive, there may be grounds to seek de-indexing from search results independently of any defamation claim.
This can be a faster and cheaper route than litigation, and it sits alongside the other claims rather than replacing them.
Harassment
Where the problem is a course of conduct rather than a single publication.
A course of conduct amounting to harassment — which the person knew or ought to have known amounted to harassment — is both a civil wrong and a criminal offence. It requires conduct on at least two occasions.
This is the right claim where someone is running a campaign: repeated posts, persistent messages, contacting your employer, clients or family, turning up, or a sustained online effort to damage you.
Where a course of conduct is connected to a protected characteristic — race, sex, disability, religion — there may also be a claim under the Equality Act, and if it is happening at work, an employment claim as well.
Choosing the right claim
These overlap constantly, and the choice matters:
If the problem is
The claim is likely
It is untrue and damages your reputation
Defamation
It is true but private
Misuse of private information
It is untrue, not defamatory, and costs you money
Malicious falsehood
It is a campaign rather than a publication
Harassment
The data is inaccurate or excessive
Data protection
Frequently more than one applies, and they are pleaded together. The first conversation is about which combination fits.
What we do
Identify which claim or combination actually fits — which, given the overlap, is most of the value. Injunctions, including urgently and before publication. Letters requiring material to be removed and conduct to stop. Data protection complaints and de-indexing requests. And proceedings where those do not resolve it.
What it costs
A fixed fee for the initial assessment. Urgent injunction work is hourly at £400 plus VAT — the scope depends entirely on the circumstances, and where something is imminent we will tell you what we expect it to cost as we go rather than after.
Questions
Questions people ask us
They are publishing things about me that are true. Can I do anything?
Possibly, yes. Truth is not a defence to a claim for misuse of private information. If you had a reasonable expectation of privacy in the material, the court weighs your privacy against the publisher’s freedom of expression.
What counts as private?
Health, sexual life, relationships, family, finances, private correspondence, home address, and material obtained from a private setting are the usual categories. How the information was obtained also matters.
Someone is running a campaign against me. Which claim is that?
Probably harassment, which needs a course of conduct on at least two occasions. You do not have to prove any individual statement is false, and the remedies include an injunction and damages for anxiety.
Is harassment a criminal matter or a civil one?
It can be both. There is a civil claim and a criminal offence, and they can run in parallel. We can advise on both and on whether to involve the police.
Can I get something removed from Google without suing?
Sometimes. Where material is inaccurate or excessive, data protection routes to de-indexing may be available without defamation proceedings. It is worth trying first — it is faster and considerably cheaper.
They got the information from my private messages. Does that matter?
Yes, a great deal. How information was obtained is relevant both to whether there was a reasonable expectation of privacy and to the balance the court strikes.
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