And If They Get It Wrong...

The great majority of journalists and editors are very conscientious about getting their stories right. However, they are human beings and so, very occasionally, they may Get It Wrong. Where do you stand if, for example, a magazine or newspaper publishes what you feel is a libellous statement about your organisation or a member of it? Or writes something that you believe to be untrue and/or damaging and/or capable of bringing you into disrepute?

The good news is that this will probably never happen to you. Most organisations, even those regularly active in press relations, will never be affected by a serious media cock-up. But in case you ever become one of the unlucky minority, here are some useful guidelines.

Move Quickly

If you feel it necessary to take some sort of action, whatever it may be, start moving as soon as the offending piece comes to your notice. Whatever action is deemed appropriate, it will be all the more impressive and effective with all concerned if you’re fast off the starting blocks.

Think Before You Act

Just how bad is this incident? It’s very easy to get worked up into a steaming froth of indignation – or get provoked into one by colleagues who scent excitement, but who aren’t responsible for subsequent relationships with the press! Indeed, your first instinct may be to send for m’Learned Friends and, as a very last resort, recourse to law may become necessary.

However, before you get fired up and start serving writs, it’s worthwhile considering that going to law can be very expensive, and may not prove all that advantageous in the long run. Libel cases, for example, are notoriously tricky; you might win, but also you might lose. Most publishing companies carry insurance against actions for libel. damages, etc.. but if you lose you may end up having to pay your own costs – and possibly theirs, too.

The Learned Friends will usually make sure that this adds up to some big, big figures. Also, the resultant publicity won’t do anything for the future take-up of your stories by other publications, who may see your organisation as a keen litigant that’s best avoided.

Negotiate First

For these reasons, always start by negotiating. There are degrees of getting things wrong, of course, and these will help to determine the course of the negotiation.

For example, if there has obviously been a straightforward misunderstanding, or even an unfortunate typographical error, suing everyone in sight clearly isn’t the best way forward. Instead, phone the editor. Calmly point out that there seems to be an error in his latest issue, and quote chapter and verse. You’re not going to throw a hissy fit over this, but could something perhaps be done to put things right? How about some positive editorial in his next issue to counterbalance it? And, er, it just so happens that we are even now writing a really interesting article about...

We’ve used this method with some success. But even if the offence is a lot more serious than a misunderstanding or a misprint, don’t deploy the Weapons of Mass Destruction just yet – there are still diplomatic options to explore.

Getting An Apology Printed

In a more serious situation, it will be a good plan to begin by having a quick word with a lawyer, preferably one with experience in this area. Fax or email a copy of the offending piece, and ask for an initial opinion. In law, is this libellous? Defamatory? Damaging? Do you, or could you, have a reasonable case if it came to court?

Then, even if your brief reckons it’s a borderline case, contact the editor. The alleged damaging statement, or whatever, has been aired in public so your objective will be the publication of a retraction and an unqualified apology. Ideally this should:

appear in the next issue of the publication
be printed on the same page as the offending item
occupy the same amount of space on the page.

You should also ask for the right to agree the wording of the retraction in advance.

You will now almost certainly encounter stout resistance, because most editors have a deep-seated aversion to publishing apologies. Well, let’s face it – would you like to have to tell all your loyal readers that your magazine sometimes gets it badly wrong? So the editor’s first reaction may be to try to dismiss the idea. ‘Oh come on, a retraction’s going a bit far. surely it wasn’t as bad as all that? I can’t see there’s really anything to apologise for.’ and so on. You then counter this by detailing, politely but formally, the actual damage that the magazine’s action has caused, or could cause, you or your organisation. If you can back this with hard facts, a favourable legal opinion and a reasonable (but firm) attitude, you may get the editor – albeit reluctantly! to change his mind.

Here’s an actual example of a serious nasty. Naturally we’ve made it suitably anonymous!