Reputation management, especially as the media landscape undertakes a rapid change in light of emerging advanced technologies, requires a case by case approach. There needs to be a clear understanding of the specific personnel involved, an appreciation of the ramifications of taking a certain course, and an acknowledgement of any extenuating circumstances which might impact a case.
Reputation management can be summarised as the active monitoring, shaping and influencing of a person or business’ public perception, particularly in times of crisis. It requires an intrinsic understanding of what that public image really is, who their audience is, and what is the most appropriate method to maintain their standing. Although more associated with celebrities and high-profile individuals and businesses, reputation management can also be important at a lower level. Consider, for example, those who are more influential in smaller circles, such as local council, religious leaders or niche digital influences who have dedicated fanbases.
Why is reputation management becoming more important?
We are entering an age of information facilitated by new technologies. Social media in particular has driven an enfranchisement of public input, and digital footprints mean what is said is often not forgotten. The outreach available (pushed by algorithms) can mean any opinion is likely to find an audience.
Along with information comes misinformation and, more concerningly, disinformation, which allows ‘fake news’ to spread like wildfire and attempts to extinguish it can, conversely, fan the flames. Artificial Intelligence in particular has brought increasing concerns about privacy and data protection, whether that is through deepfakes, intellectual property infringements or defamatory imitations.
How the legal sphere can help manage reputation
There is an eclectic range of legal tools available to manage reputation. A legal approach can be very effective because it is underpinned by a court order, which allows for more operative enforcement action. The range of tools available allows for creative solutions which can be tailored to the situation at hand.
Tools of the trade
Cease and desist letters
A cease and desist letter is a written demand setting out clearly the wrongdoers actions and requesting it to stop. These letters are not a ‘formal’ legal action in the sense that they do not engage the courts. However, this can be beneficial as it allows one to protect their interests swiftly, and their prices tend to be lower as outlays such as court fees, insurance and legal counsel are not necessary. They can be used to show an intent to take (or even threaten) legal action, which in itself can be a deterrent and a way to leverage early resolutions.
Further, the letters are inter partes and do not form any part of an official public record, allowing those who want to deal with reputational issues in a more discrete way, without inviting a furore of public opinion and dissection. Consider, for example, those defending against more unsavoury matters. In such subject matters, even if proven to be false, the very taking of legal action can amplify an issue to what was an otherwise unaware audience.
Privacy & defamation claims
One of the more common ways to handle reputational issues is to bring formal legal action. Privacy claims are brought in relation to private and confidential information and defamation claims in relation to untrue statements which cause serious harm to individuals or businesses. These are particularly useful in restoring one’s reputation following false allegations or breaches of confidence.
Taylor Hampton Solicitors has been extensively involved in the development of such claims, in particular for the introduction of a threshold of seriousness needed to succeed in a defamation claims as per Thornton v. Daily Telegraph [2010] and the requirement to prove serious harm following the Supreme Court case of Lachaux v. Independent Print [2019]. Further, Taylor Hampton has acted for 100s of claimants in the phone-hacking litigation, where journalists in the UK were illegally intercepting voicemail messages of high-profile individuals to obtain and publish their private information.
Artificial Intelligence
Artificial Intelligence is completely changing our digital landscape, and as a consequence the need for privacy and defamation claims is becoming more and more vital. Legal issues arising from more sophisticated technologies such as deepfakes have brought serious concerns, especially in relation to high-profile individuals. We may also see a risk in financial scams as personas are mimicked to dupe victims.
In the UK, we have seen the introduction of the Online Safety Act which has allowed for greater remedies in relation to online crime, but is relatively quiet on civil remedies, with a more ‘wait and see’ approach being taken. There is a sense that the law remain static but guidelines can be adapted, and as the technology is evolving faster than the law, guidelines offer a more flexible solution. Before laws can catch up, bringing claims often requires an amalgamation of existing media laws such as privacy, defamation, intellectual property and data protection claims, often requiring complex and creative legal thought.
Injunctions
Injunctions are the most efficient way to prevent or protect dissemination of sensitive material; to stop the cat getting out of the bag so to speak. These are court orders which either prohibit or mandate an action. They come in various forms and, crucially, can be obtained quickly, helping to protect reputations, assets and rights, often in urgent and high-stake situations.
We typically see injunctions in situations against newspapers reporting about the private affairs of individuals but they can be particularly useful tools in protecting all sorts of reputational matters. We have also seen a rise in so-called super injunctions, which act as a normal injunction, except that they prohibit the media reporting about the injunction itself. This means the information protected is not made public, even by reference. We saw this perhaps controversially used by the UK Ministry of Defence, which applied for a super injunction in 2022 in relation to a data leak concerning the personal data of Afghani nationals who had assisted British troops against the Taliban. The super injunction was only lifted in 2025, with the public left unaware in the meantime. In terms of reputation management, that gap it allowed the Ministry of Defence to circumvent criticism and public judgement whilst it sought to rectify the issues.
An injunction is a powerful and highly efficient tool to help protect a with reputational issues and often requires lawyers to work at speed to prevent dissemination and obtain maximum effect.
Proactive reputation management
The legal tools listed above are all reactionary steps. However, just as important are pre-emptive steps to prevent crises early doors. There are steps that businesses in particular can adopt to maintain their reputation.
Internal training for employees, including social media policies.
Ensuring that staff are engaged in a brand is a key step in reputation management. An ‘all hands on deck’ approach is typically the most effective, especially in light of social media where every employee has an increasingly powerful voice. Training courses for staff and clear firm guidelines and policies on how to manage the firm’s brand should be made clear from the outset. There have been a host of new cases across the globe demonstrating that social media is taken as seriously as verbal misconduct in the workplace, and a disgruntled employee now has a public outlet and audience to vent their frustrations to. For businesses which rely on word of mouth, such rogue actions can be incredibly detrimental.
In respect of scams such as phishing attempts, deepfakes or malware, it is highly important that staff are able to identify them, and are trained on internal reporting policies when they occur. Takedown requests allow users to notify hosting companies or domains to be informed of issues as quickly as possible. It is on the firm then to take swift action; an internal risk management team who can act on such issues as quickly as possible is highly recommended.
Reputation monitoring for clients
Law firms will need to be alive to the reputational issues and encourage their clients to take pre-emptive steps to prevent exploitations of their brands. In relation to issues such as phishing attempts and deepfakes, clients can be encouraged to take pre-emptive steps. For example, recommending that individuals or businesses make clear the scope of their social media accounts: which accounts do they have and on which platforms, are they verified, are they likely to send direct messages to followers. It may be worth considering registering their media handles as a trade mark, as this creates a monopoly right which makes it easier to bring a claim for infringement. Creative and imaginative solutions will be required in the short term whilst we wait for larger, more appropriate pieces of legislation for sophisticated, developing technologies.
Taylor Hampton Solicitors is positioned to provide both formal legal representation and best advice on protecting our client’s image, please contact us to see how we can help you.