Engaging with the media – when media interest arises in a legal matter

It is not uncommon for legal matters to attract interest from the media – particularly where the matter involves an issue of public interest, or where there has been a perceived wrongdoing.

For organisations, the resultant media attention can be intense when an incident first becomes public. Media interest tends to subsequently reignite if new information comes to light, if proceedings are commenced, and throughout any hearing.

As such, media interest in a legal matter may linger over a period of several years.

While lawyers are well qualified to advise on what may be disclosed to the media from a legal standpoint, protecting image and brand is ordinarily not within a lawyer’s remit, and lawyers will often collaborate with public relations experts where such advice is required.

From a legal perspective, there are a number of measures organisations can take to prepare for a potential media inquiry.

1. Communications protocol

Organisations should have a communications protocol ready to be circulated to staff as soon as possible after an incident occurs. This is designed to ensure there is a managed communication plan, particularly in the case of a serious incident where there may be police, workplace health and safety inspectors, environmental protection authorities, and various other stakeholders at the worksite seeking information.

Whilst authorities’ investigations cannot be obstructed, it is appropriate for staff to inform authorities that the organisation has a nominated communications or contact officer who can provide access to relevant documents and coordinate the provision of any further information required by authorities.

By ensuring staff know how to appropriately respond in these situations in advance, organisations can better manage the process when such crises do occur.

2. Social media policy (and reminder communication to staff)

It is also important for organisations to have a social media policy in place. Any such policy should make it clear that staff must not post photographs, information or speculation regarding incidents which occur in the workplace.

If and when an incident does occur, it is then critical to send a reminder to staff about their obligations under the social media policy.

3. Data beach response plan

Lastly, it is recommended that organisations have a data breach response plan in place, and that they are familiar with the process to be followed in the event of a cyber incident.
Time is often of the essence with cyber incidents, particularly in the immediate effort to contain the incident. If an organisation does not have a cyber breach response plan or is unfamiliar with the plan, response times will be significantly delayed.

Many businesses run mock scenarios to test their cyber-readiness, which can be an effective way to fine tune a cyber breach response plan and its implementation.

When it comes to managing crises from a media perspective, it is important that public relations and media specialists work closely with legal representatives to communicate effectively and without compromising the business’ legal position.

Partner Lara Radik recently presented on this topic in conjunction with SAS Group Managing Director Malcolm Cole. The presentation explored how an organisation can work with the media – including understanding the types of events that garner media attention, exploring how an event unfolds in a media cycle, analysing how the media will typically portray various roles in an incident, and how to be prepared to communicate your position to the media.

To access the presentation ‘Engaging with the media’, please contact [email protected].

This article may provide CPD/CLE/CIP points through your relevant industry organisation.

The material contained in this publication is in the nature of general comment only, and neither purports nor is intended to be advice on any particular matter. No reader should act on the basis of any matter contained in this publication without considering, and if necessary, taking appropriate professional advice upon their own particular circumstances.

Lara Radik
Partner

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