Media Crisis Management13 July 2006
Media Crisis Management13 July 2006
David EngelJennifer McDermott
Addleshaw Goddard
Tari Hibbitt
Mark Hutcheon
Reputation Inc
Why does your business need media crisis advice?
�Reputation for honesty, quality and safety is invaluable
�Adverse media attention can destroy overnight
� Increasing risk given speed, globalisation and
insatiable media appetite
– Be prepared to act fast
Seven Pillars of WisdomYou can win a case and still lose the battle of reputations
� Legal and communications advice hand-in-hand
– not in separate silos
� Get advice as early as possible
– don’t wait until the press have called
� Get the response team together
– short lines of command, be clear about roles
– decide on the spokesperson (senior, respected)
� Remember who your stakeholders are: to help you through the
crisis, and to be with you after it’s all over
Seven Pillars of Wisdom (contd)
You can win a case and still lose the battle of reputations
� Put the media strategy in place
– Get the facts straight (ask embarrassing questions, tell the truth)
� Get the basics right
– Put the tools in place to deal with the crisis
– Be ready with follow up action once the crisis has subsided
� Remember time is king
– deadlines are very important
– no time for leisurely debate
Before publication or broadcast – working with the media
� Investigation by newspaper or television journalists
�Should you participate?
� “No comment” no good
�What should you say, when and how?
�What can the newspaper or programme maker
lawfully do?
Preventing publication or broadcast?
� Can the newspaper article or broadcast be stopped?
� May obtain injunction to protect confidential/private information
� S12 Human Rights Act 1998
– Public domain
– Public interest
– Industry codes
� Internet dangers
� Very difficult to injunct a libel
� Risk of further adverse publicity – “The story they tried to ban”
When the story breaks
� Internal investigation and obtain external advice
�Press releases and conferences, TV and radio
interviews
�Continually assess crisis shelf life – monitor the
media
�Do not provoke or prolong the crisis!
Legal options
� Defamation and malicious falsehood
� Breach of confidence
� Privacy
� Copyright
� Passing off
� Trade mark infringement
� Theft and conversion
� Trespass and harassment
Alternative remedies
� Complain first to the newspaper or broadcaster
� Complaints to the Press Complaints Commission or Ofcom
– Not an interim “gag”
– Successful or part successful adjudication publicised
– No compensation or costs but relatively quick and cheap
– Regulators tend to err on the side of the media
Be wise before the event
�Appoint crisis management team
�Set up and maintain lines of communication
�Monitor potential trouble spots
�Train and test the team
�Cultivate the media
�External consultants
Media Crisis Management13 July 2006
Media Crisis Management13 July 2006
David EngelJennifer McDermott
Addleshaw Goddard
Tari Hibbitt
Mark Hutcheon
Reputation Inc
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