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