You have a story. The subject is unhappy. A letter arrives from a solicitor. The claim might be libel, privacy, harassment—or all three. They are not interchangeable. Each protects a different interest, carries different defences, and demands a different response. Knowing the difference helps you report with a clear head and a stronger file.

Libel: reputation, meaning and serious harm

Libel is about your words and their effect on reputation. A statement is defamatory if it lowers the claimant in the estimation of right-thinking people. Under the Defamation Act 2013, the claimant must show the publication has caused or is likely to cause serious harm to reputation. For a company, that means serious financial loss. Public bodies generally cannot sue for libel.

The defences are well established. Truth—often called justification—is a complete defence if you can prove the substance of the allegation is substantially true. Honest opinion protects clearly expressed comment based on facts that are known or indicated. Publication on a matter of public interest is broader, but it is not a free pass: you must have reasonably believed that publishing was in the public interest, and the court will look at all the circumstances. Privilege covers fair and accurate reports of court proceedings and other official occasions. Reportage can protect a neutral account of a dispute, even if the allegations turn out to be false.

Remember that meaning is decided objectively. Headlines, standfirsts, pictures and captions all count. A court may find a meaning you never intended. For example, a story about a company's "aggressive tax planning" may be read as alleging illegal evasion, not just lawful avoidance. The limitation period for libel is one year from publication, though the court can extend it in limited circumstances. Keep your notes, your right of reply, and the reasoning behind your editorial decisions.

Privacy: misuse of private information

Privacy claims usually arrive as misuse of private information. The test has two stages. First, did the claimant have a reasonable expectation of privacy? Second, if so, the court balances their Article 8 right to private life against your Article 10 right to freedom of expression.

What counts as private? Health, finances, sexual relationships, family life, home addresses, private correspondence, and images taken in private places. Even in public, someone may have a reasonable expectation of privacy—for example, a person in distress or a child. Publishing the identity of a child defendant, or a photograph of someone leaving a rehabilitation clinic, can raise privacy concerns even if the information is true. The defences include public interest, consent, and lawful authority. There is also a journalism exemption under data protection law, but it is not unlimited. Remedies can include injunctions, damages, and orders to remove or destroy material. Unlike libel, the claimant does not need to prove serious harm to reputation. Limitation is generally six years, though delay can affect the remedies available.

Harassment: course of conduct and reasonable behaviour

Harassment is different. It focuses on your conduct, not the story. Under the Protection from Harassment Act 1997, a person must not pursue a course of conduct that amounts to harassment. A course of conduct means at least two incidents. The conduct must cause alarm or distress.

Journalists can face civil claims under section 3 of the Act. There is a specific defence: the course of conduct was reasonable in the particular circumstances. Courts also weigh Article 10. Persistent doorstepping, repeated phone calls, following a subject, or sending a stream of messages can cross the line, especially after you have been asked to stop. Two unannounced visits after a "no comment" may be arguable; six visits, late-night calls and messages to family members are far harder to defend. Harassment can also be a criminal offence, which is a separate risk.

How the three claims compare

• What it protects: Libel protects reputation. Privacy protects private information. Harassment protects against alarm or distress from a course of conduct.
• Who can claim: Libel—individuals and companies (companies must show serious financial loss). Privacy—individuals. Harassment—individuals.
• Key test: Libel—defamatory meaning plus serious harm. Privacy—reasonable expectation of privacy. Harassment—course of conduct causing alarm or distress.
• Main defences: Libel—truth, honest opinion, public interest, privilege, reportage. Privacy—public interest, consent. Harassment—reasonable conduct, with Article 10 in the balance.
• Remedies: Libel—damages and injunctions. Privacy—damages, injunctions, and orders to remove or destroy material. Harassment—damages, injunctions, and restraining orders.
• Limitation: Libel—one year. Privacy and harassment—generally six years.

When claims overlap

A single article can trigger all three claims. Suppose you publish a story saying a local councillor took bribes, reveal their medical records, and repeatedly call their home after being told to stop. The councillor may sue for libel over the bribery allegation, privacy over the medical records, and harassment over the calls. The claims may be pleaded together, but each must be defended separately.

Overlap matters because the defences are not transferable. Truth defeats libel, but it does not defeat a privacy claim: a true medical detail can still be private. A public interest defence may protect publication of private information, but it does not automatically make repeated doorstepping reasonable. Conversely, a well-sourced story can still be harassing if the methods are oppressive. Think about each risk on its own.

Practical steps before you publish

1. Write a public interest note. Before you publish, set out why the story matters and what is in the public interest. Keep it with your notes.
2. Put the allegations to the subject. Give them a fair and specific opportunity to respond. Record when and how you did this.
3. Check the meaning. Read your headline, standfirst and first paragraph together. What would a reasonable reader take from them?
4. Minimise private detail. Include only what the story needs. Ask whether each private fact is necessary.
5. Keep a contact log. Note dates, times, methods, and what was said. If you doorstop, note the time, the number of people present, whether you left when asked, and any request to stop.
6. Consider less intrusive methods. Would a written question, a telephone call, or a redacted detail achieve the same public interest with less risk?

If a claim arrives: first steps

1. Do not reply in haste. Acknowledge receipt if you must, but do not admit liability or argue the merits before taking advice.
2. Preserve everything. Notes, emails, messages, drafts, recordings, and contact logs may be disclosable. Do not delete anything.
3. Check the limitation clock. Libel is one year; privacy and harassment are generally six years. Still, do not rely on delay.
4. Identify the claim. Is it libel, privacy, harassment, or a combination? The response and defences differ.
5. Take legal advice early. A correction, clarification, apology, or defence should be a considered decision, not a reflex.

The bottom line

Libel, privacy and harassment are distinct legal risks. Libel asks what your words meant and whether they caused serious harm. Privacy asks whether the subject had a reasonable expectation of privacy and whether the public interest justified interference. Harassment asks whether your conduct, taken together, was reasonable. Report with care, document your decisions, and treat every subject fairly. The strongest protection is not a clever legal argument after publication. It is a file that shows you thought about the public interest, minimised harm, and gave the subject a fair chance to respond.

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