Legal advice on setting up adult websites

Setting up an adult website in a safe and compliant way, will secure your legal position and the longevity of your website. Whichever model you choose for your adult website, you are  required to ensure that you comply with the law and that models, performers and users are aware of a clear legal position of their rights and obligations.

Our lawyers have written systems, processes and policies for scores of many varieties of adult websites and are currently representing adult website operators, who wish to operate in a secure and safe environment.

Before setting up your adult website, ensure that you take legal advice, to understand the legal, practical and operational sides of your project and to keep you and those who are working for you and with you safe and secure.

A privacy breach that happens online might relate to information which is either true or untrue. Cases of a breach of privacy that this firm has handled include breaches of privacy in relation to information regarding sexual orientation, doxing, mental health, extra marital relationships, political beliefs, drug use, sexual acts and many more topics.

If you feel uncomfortable about information which is published about you online because you believe that the information is private and therefore published in breach of your privacy, this is most likely because the information is in fact private in nature. Whilst traditionally, breach of privacy used to be the favourite activity of tabloid journalists, it now occurs by regular internet users.

Breach of privacy is often a favourite way of venting frustration by Our highly experienced lawyers stop publications of an internet articles, which are published in breach of privacy. Removing articles from the internet which had been published in breach of privacy, is often delicate matters, which must be handled with care and attentiveness.

If you are looking for cyberbullying lawyers to help you stop ongoing bullying online, you can rest assured that you have arrived at the right place. Cohen Davis solicitors are one of the country’s most experienced online harassment and cyberbullying law firms.

Our dedicated lawyers have dealt with dozens of highly challenging cases of online harassment and cyberbullying and Yair Cohen, the firm’s owner is also the author of the book The Net is Closing; Birth of the E-police, a book which describes Yair’s long standing work with victims of cyberbullying and online harassment as well as with the police and other government agencies to achieve many of the successful outcomes he and the firm have delivered on behalf of victims of cyberbullying harassment.

If you are a victim of ongoing online harassment or cyberbullying, or you are a parent or a carer of one, you can speak to Yair Cohen or to one of our other online harassment lawyers today by calling 0207 183 4123.

Business defamation legal advice

Defamation against a business on internet forums, blogs and other social media could very easily slip out of control, and could jeopardize the reputation of that business. Typically, a single customer or a former employee will post defamation against a business they engaged with to create the false impression of general customer’s dissatisfaction.

Why defamation is a problem for good businesses

Should you respond to a negative online review

What can a business do about online defamation

Why defamation is a problem for good businesses

Defamation is a problem for good businesses and not only for businesses that provide bad customer service. Often this type of action, such as online defamation against a business becomes self- fulfilling prophecy. Real or potential customers become influenced by the negativity they read about the business online and they respond by either moving away from the company or by not engaging with it in the first place.

Should you respond to a negative online review

Before responding to a negative review or to online defamation against your business, remember that once you post a statement online, you might never be able to take it back. Always consider the impact of any statement you volunteer to the online community on your business’ long term reputation. Decisions concerning a response to online defamation against a business should be strategic and account for the likely consequences of each action or inaction.

What can a business do about online defamation

We believe that most UK business owners are great people who work relentlessly to cement their good reputation among their customers. Defamation against a business, large or small could undo years of hard work. As a business owner, you have a choice to either respond to online defamation against your business, ignore it or pursue a hard line and have it removed from the internet altogether.

Before deciding what to do, just consider what message you wish to send out to your consumers, investors and to your employees. Ask questions such as is it in your business best interest to publicly respond to the defamation or perhaps your company’s long term interest will be better served by taking a tougher, uncompromising approach. 

Often the decision of what to do about online defamation is a hard one and the choice is often seems like a choice between a rock and a hard palace  and is difficult to make. However bringing someone else to the table, to help you decide about your approach to a particular issue of business defamation could be worth its value in gold as it will save you having to gamble on the future of your business’ reputation.

It therefore makes sense to call us, free, on 0800 612 7211 because it is likely that we have already dealt with a similar case to yours at least once in the past 25 years.

A defamation claim against the police is often coupled with claims for breach of privacy and misuse of private information. The reason for this is that in most cases, police investigations are private matters in the sense that the individual questioned or investigated is considered innocent until proven guilty.

The fact that an individual is being named as a suspect, formally or informally, could give rise to a defamation claim against the police, should the investigation result with no further action taken against the suspect. In high profile cases, which attract a degree of media attention, it is inevitable that as a result of the publication of the suspect’s arrest, the media will take steps that are likely to infringe the suspect’s right to private life.

For example, if the media publishes the suspect’s name or if the suspect is being chased by the press or being followed by paparazzi, the result is likely to be an infringement of the suspect’s right to public life as well as harming the suspect’s good reputation.

If it can be shown, on balance of probabilities, that the details of the suspect’s arrest was leaked by the police, then a potential claim could arise against the police for defamation, breach of privacy and misuse of private information and such claim may result in the police having to pay substantial damages to the innocent suspect.

If you suffer from harassment online, and want to put a stop to it, please obtain professional legal advice. Call us right now on 0207 183 4123. Your call will be answered by our super friendly legal support team who will assist you in whichever way they can.

Advice on defamation law in England

Defamation lawyers in England who work with clients in the U.S. For nearly 20 years, we have been specialising in English defamation law, and specifically in defamation law online. Our firm has been advising and acting for clients from all over the world, in particularly the US, in connection with defamation claims in England.

Why instruct Cohen Davis in international defamation cases

Why instruct a specialist defamation lawyer in England

Defamation lawyer in England, cost and budget

Contact English defamation lawyer

Why instruct Cohen Davis in international defamation cases

Cohen Davis is a law firm, based in London, England that specialises in defamation law and particularly online defamation. The main reason why we are many of our clients are from the U.S. is our extensive experience in handling cross border defamation law cases and our ongoing work with U.S. defamation law firms. We have links and associations with nearly 100 U.S. law firms that specialist in different aspects of internet law. We work with U.S. defamation law attorneys from nearly every state in the U.S. which helps us obtain cross jurisdiction domestication of various court orders. In some cases, we work simultaneously with our U.S. associates on different aspects of defamation law cases, some of which require filing lawsuits or court applications in England. We also assist our U.S. colleagues in tracing defendants who are located in England, in officially serving legal documents on defendants in in obtaining disclosure orders against website operators and social media companies who operate in England and across Europe.

Why instruct a specialist defamation lawyer in England

As specialist defamation lawyers in England, we will be able to provide you and your attorney with legal assessment of jurisdictional matters and with legal advice on the different rules that apply to defamation law matters in England. We often advise on limitation (which can often be extended in England) and on enforcement of legal proceedings both in England and in the U.S. We recommend that your U.S. attorney drafts and serves defamation legal documents in accordance with English law and that your attorney seeks the active advice of a local English defamation lawyer in doing so, even if only on an ad hoc basis.

Defamation lawyer in England, cost and budget

The costs of instructing a defamation lawyer in England could vary, depending on the experience of the lawyer and the charging structure of the law firm. Strategic planning and good understanding of both English and U.S. defamation laws would help you keep legal costs to the absolute essentials, so as the types of communication systems that the law firm has. Our firm’s App, which gives our clients 24 hours access to all legal documents, communications and planning in their case, makes English/U.S. defamation case move very smoothly and cost effectively regardless of time zones. We operate a 24 hours service, which makes instructing us easy and cost effective. Both attorneys and their clients can join in the case and have 24 hours access to all documents, communications and legal discussions. You might work with us directly or through your U.S. attorney. So far as costs and fees are concerned, we are happy to have either the attorneys and their clients as our clients.

Contact English defamation lawyer

Call us today to speak to our super friendly defamation lawyers. They have all been involved in cross jurisdiction defamation and most would have already worked with a U.S. attorney on at lease a few cases, some of which, would be high value. For a defamation lawyer, who is based in London, England and who will provide you and your attorney with ongoing, friendly and cost effective defamation legal advice, support and knowledge, to help you secure a successful outcomes, call us on +(44) 207 183 4123 or send us a message via our website.

Defamation on Twitter is one of the most common forms of defamation this firm is currently dealing with. Twitter defamation happens when the tweeter posts either an original tweet, posts over Twitter a link to other defamatory material, often a blog post, or when the tweeter retweets a tweet which was originally posted by a third party and which they had or had not been aware was defamatory.

Although some of the most popular examples of Twitter defamation are those involving celebrities, business people and even companies can become the subject of defamatory posts on Twitter more often than most people think.

In 2013, this firm brought a defamation case at the High Court in relation to defamatory allegations which were made by a shareholder against a PLC. The shareholder, Gary Carp posted allegations against the Chairman of Red Rock Resources on shareholders' discussion forums and then used Twitter to send shareholders links to his original allegations. He also made fresh allegations in separate tweets.

Despite only having a few Twitter followers, most of the claim against Mr Carp centred on his defamatory activity on Twitter. Since the Red Rock Resources case, there have been dozens of other cases involving defamation on Twitter.

Nearly all of the cases ended with a successful outcome for the claimant. Occasionally, due to a misguided belief by the tweeter that either their activity was not defamatory or that they will never get caught, having used a pseudonym or a false identity, they can still liable for their actions and located by our lawyers.

Defamatory online review against a restaurant

Restaurants are often susceptible for defamatory online reviews, which have the potential of bringing a successful restaurant business down to its knees.

Who posts defamatory restaurant reviews

What can a restaurant do to stop defamatory online reviews

Is it possible to delete a defamatory online review against a restaurant

Who posts defamatory restaurant reviews

Defamatory online reviews against a restaurant are often likely to also be posted out of malice. There is a law against malicious falsehood, which states that if a false information is posted with the intention to cause harm to the business, the business, in this case, a restaurant, might sue for an injunction and damages.

Most defamatory online reviews against restaurants are posted by competitors or on behalf of competitors. A smaller number of defamatory online reviews are posted by restaurant visitors who feel aggrieved by an alleged bad customer services which they feel had not been put right by the restaurant. Another group that posts defamatory online reviews against restaurant are former employees who feel disgruntled.

There are also restaurant defamatory reviews that are posted for political reasons against opponents.

What can a restaurant do to stop defamatory online reviews

The first steps for a restaurant who has been hit with defamatory online review is to assess whether the restaurant can live and accept the continuance publication of the defamatory reviews. In some cases, the impact of a defamatory online review might be so low, that it would be hardly worthwhile for the restaurant to take any steps other than encouraging loyal and happy customers to post positive reviews.

In other cases, where the impact of the defamatory online review is more significant, the restaurant needs to try and identify who the poster of the defamatory review is. This could be done by applying for a disclosure order from the operators of the review website.

This should be done together with attempts to have the defamatory review removed or deleted from the site. If the restaurant wants to pursue legal action against the author of the defamatory review, they should consult lawyers who have expertise in the field and who can advise thoroughly on the matter, based on their experience.

Is it possible to delete a defamatory online review against a restaurant

In nearly all cases, it is possible to have defamatory online reviews against a restaurant deleted, regardless of whether the author of the defamatory review can be identified or traced. In many cases, it is also possible to deal with a number of defamatory online reviews at the same time, in order to save time and financial resources in having the defamatory online reviews deleted.

A Fake Facebook Page is likely to cause companies substantial headache.

First, Fake Facebook pages usually are created by disgruntled customers who go on a campaign with a single purpose of ruining the company’s reputation. They would often publish the Fake Facebook page to make it look like a legitimate consumer page, inviting other Facebook users to post about their own experience with the organisation.

Getting Facebook to delete or remove a Fake Facebook page is often challenging and could be time consuming. Facebook is difficult for most people to get hold of which means the suffering business may find itself having to spend weeks and even months before either having the Fake Facebook page deleted or having to give up.

There are various methods to persuade Facebook to delete a Fake Facebook page, particularly if the business affected is located in the UK. Our team has held dozens of UK businesses, large and small, to have fake Facebook pages deleted from the internet. Feel free to explore this topic here or if the matter is urgent for you to resolve, call us free today. Speak with an expert lawyer who will for sure know how to go about resolving the matter to ensure the fake Facebook page about your company is deleted by Facebook without further delay. 

How to obtain disclosure from Google

If you want to learn about how you might be able to obtain disclosure from Google about a Google user who uses any Google products to post defamation or harassing material about you or about your company on the internet, give us a call and we will help you.

What disclosure can you obtain from Google

How much does it cost to obtain a disclosure from Google

How much does it cost to obtain a disclosure order from Google in California

Does Google provide user’s information

What disclosure can you obtain from Google

You can obtain disclosure orders from Google in relation to users who use Google services such as Blogger, Google Plus, Google Maps and any other Google product or service. After nearly 10 years of obtaining disclosure orders against Google, we have pretty much streamlined our processes of obtaining a variety of disclosure orders in we can do this fairly quickly and cost effectively as well.

How much does it cost to obtain a disclosure from Google

We work together with Google's legal team, often on agreed terms for disclosure orders, which are in most cases also accepted by the courts in the UK as fully compliant with the requirements of the law. This means that in many cases, we can apply for a Google disclosure order without the need for the parties to attend court. This makes the entire process much more affordable for everyone.

The precise cost of obtaining a Google disclosure order would often depend on the nature of and the amount of the ground work that we need to do prior to applying for the court order. The important thing is to be both, cost efficient and successful, so we determine the cost of each disclosure order, in accordance with the relevant information. We usually obtain the information that we need, during the initial consultation.

How much does it cost to obtain a disclosure order from Google in California

Depending on the circumstances of the matter at hand, we might advise you that the best venue to apply for a disclosure order against Google is California.

Our associated attorneys in the California work on the same rate that we charge, so although the cost of obtaining a disclosure order from Google in California is sometimes slightly higher than the costs of a disclosure order in the UK, this isn't always the case and our associated attorneys will take care of you as good as we would.

Does Google provide user’s information

In nearly all cases, Google will provide identifying information about the users of Google services. In most cases Google’s lawyers would agree to the terms of a disclosure order as proposed by us, which means Google nearly always discloses to us users’ information in a speedy and helpful manner. Often the very process of obtaining a disclosure order from Google results in the deletion or the removal of the offending posts from Google services and from the internet altogether.

Award winning expert harassment solicitors 

We are an award winning expert harassment solicitors. Online harassment takes many forms and can go on for as long as the harasser wishes the harassment to continue, unless the harasser is stopped. Our online harassment solicitors specialise in identifying online harassers, terminating their online harassment campaign and bringing them to justice.

Complex harassment cases

Harassment solicitors with experience

Complex harassment cases

Our firm is well known for taking on, and for winning complex online harassment cases, which are often highly challenging. Nothing gives us more pleasure than experiencing the moment where a client we look after receives his or her long awaited apology from their online harasser or internet troll, often together with a sum of money in damages and a long term injunction.

Our expert harassment solicitors and the entire support team are absolutely passionate about pursuing online harassers and internet trolls all the way to the courts, both the civil and the criminal courts.

If you are unsure whether you are being harassed online, please call us right now.

Harassment solicitor with experience

Our harassment solicitors are highly experienced in handling difficult online harassment matters and will be very helpful and understanding, and this is a promise. There are some reported case studies on this website containing examples of how our harassment solicitors brought to a successful end to a long term online harassment campaigns. However, the vast majority of the cases we handle are never reported because upon our clients' request we are able to anonymise them completely within any legal proceedings.

Examples of reported cases of online harassment that our lawyers have handled can be found here: Law Society Gazette, Evening Standard, The Guardian,  The Daily Mirror and The Daily Mail.

If you suffer from harassment online, and want to put a stop to it, please obtain professional legal advice and speak to a specialist harassment solicitor. Call us right now on 0207 183 4123. Your call will be answered by our super friendly legal support team who will assist you in whichever way they can. You wil be able to discuss your case with an expert harassment solicitor who has at least 20 years experience with handling online harassment cases. 

How to remove defamatory statements from Google

The law in England provides victims of defamation with various avenues to remove defamatory statements from Google searches. The law of libel defamation is the most obvious one, but it has its own limitations.

Using libel law to remove defamation from Google

Can you obtain a defamation injunction in England

How long does it take for a defamation case in England to complete

What other method are available to remove defamation from Google searches

Using libel law to remove defamation from Google

You can use libel law to remove defamation from Google searches. However, using libel law to remove defamation has some limitations. The most common limitation on using defamation law to remove defamatory statements from Google is the time and the cost that it might take to prove defamation through the courts. This could mean that the defamation might stay on Google search engine for as long that your defamation court case is going on.

Can you obtain a defamation injunction in England

You can obtain a defamation injunction in England but there is a rule that says that, in nearly all cases, the court will not grant you a defamation injunction until you win your court case. The intention behind this rule is to protect free speech and to ensure that defamation legal proceedings are not being used to silence the press. The idea behind the rule that the court will not grant an injunction before you won your defamation case, despite the unfairness this rule seems to create, is that there is a price for defamation that the court can put on at the end of the case, which would compensate you if you won your defamation case. The price comes in forms of financial damages and vindications, such as an apology.

How long does it take for a defamation case in England to complete

Many defamation cases in England can last for up to 2 years, which relative to other jurisdictions, isn't terribly long but if you are being defamed, wating for that long for an injunction is far too long. Many defamation cases, however, will be concluded in the same year they started and the vast majority of defamation cases, will be settled within weeks or months from when they start. The time it might take to win a contested defamation case, means that if it is urgent for you to have defamation removed from Google searches, starting a defamation case might not be the best way to achieve your objective.

How long do you have to bring a defamation case in England

There is a limitation period for defamation cases in England. The limitation period is 12 months from the first day of the publication of the defamatory post. However, unlike the case in some other jurisdictions, the 12 months limitation period in England, is not set in stone and it is possible to apply to the court, under special circumstances, for a dispensation from the 12 months defamation limitation period. If your case is outside the limitation period, taking legal action for defamation, in order to have defamatory posts removed form Google searches, might be unhelpful. You might file for a defamation claim and lose your case on the basis that your have filed outside of the limitation period. Losing a defamation case, even if the case is lost on technicality, would make it harder for you to remove the defamation from Google.

What other method are available to remove defamation from Google searches

There are other legal methods to help you remove defamatory links from Google searches. These may include data protection law, privacy law and harassment law. Under data protection law, the publication that you wish to have removed, only needs to be inaccurate or incorrect, rather than false, as the case is under defamation. You might want to explore these options before you commence legal proceedings for defamation.

Our harassment solicitors specialise in harassment cases which are particularly challenging. Details of many of the harassment cases that our lawyers have been involved in, will never be published, for obvious reasons. When they do get published, often we make sure that the court anonymises our client’s name and other details from which our client could be identified.

Below is a selection of harassment case that our team of harassment lawyers has brought on behalf of our clients. Many of the cases are of at least some notoriety because either the circumstances of the harassment were as such that never seen by the courts before, or because we needed the judges to create a precedent due to the unique nature of the harassment that our client was facing.

Cohen Davis is the first Internet Law legal firm in the UK. Founded as a niche practice by Yair Cohen, the focus of the firm is on Internet Law related cases, and particularly on cases which are highly challenging in terms of either evidence or fact related complexity. Internet Law is a term, which describes different traditional laws and their unique application to the internet.

Often, this will include, harassment law, defamation law, personal injury law, criminal law (both defence and prosecution), trademark law, privacy law, breach of data and data protection law and other areas of law which have a bearing on how we use the internet.

Traditionally, in the UK, Internet Law has not been recognised as a separate category of law by the Law Society but it is hoped that in the future, Internet Law will receive the recognition it deserves, particularly as it touches almost every individual in the UK on a daily basis.

Internet law expert lawyer in the UK

We are the first internet lawyers in the UK. Our law firm specialises exclusively in internet law related legal issues and we serve clients from all over the world. Most of our our international work is being referred to us by US, Canadian and European local attorneys, with whom we have been working in close contact for over 20 years. 

Legal representation in the UK

Domesticating foreign court orders in the UK

Ensuring website compliance with UK laws

Carrying out website independent audits

Legal representation in the UK

We represent international clients in all the UK related internet law matters. We act for many US based license in cases of litigation, harassment, defamation and breach of privacy. We also act for foreign companies in the UK in relation to data protection compliance and breaches, regulatory issues, disclosure order applications and trademarks.

Domesticating foreign court orders in the UK

We assist international clients in domesticating court orders in the UK and in the service of court and other legal orders via the Hague Convention. 

Ensuring website compliance with UK laws

We provide website compliance services, which include advising foreign websites on compliance matters in the UK. We help clarify the legal position of foreign companies who operate websites which target UK customers, advise on online marketing and advertising legal related matters, competition law, trading standards, and intellectual property issues.

Carrying out website independent audits

To avoid getting into trouble with the authorities in the UK, or if your website has been accused of systematic wrongdoing, we offer a website audit service which to provide independent audit which are aimed to provide an accurate analysis of issues pertaining to legal compliance aspects of websites and to the way the website is being used and utilised by members of the public.

During the website audit we review existing systems, processes and practices and whenever there is a need, suggest improvements and alternatives. A professional website audit, which is carried out by a reputable law firm, is likely to help the website operators improve delivery of services, deflect negative PR and demonstrate to the press to the public and to the authorities, a real desire by the website operators to learn important lessons and to move on in a positive manner.

Legal advice for social media influencers 

As the very first internet law specialist lawyers in the UK, we have grown and developed together with social media and have a unique understanding of how the internet really works from the back stage. From the very early days of influencers appearing on the internet we have been providing legal advice for influencers on a variety of issues, uniquely relevant to them.

At what point in their career should influencers take legal advice

Legal advice on commercial agreements between influencers and brands

Legal advice to protect influencers intellectual property rights

Legal advice on merger and acquisition of social media accounts

Why so many influencers choose Cohen Davis as their lawyers

At what point in their career should influencers take legal advice

Becoming an influencer is often a career, people hadn’t deliberately chosen to pursue. Many of those who become influencers, are following their pursuit of a hobby or a passion and this pursuit, over time becomes a full-time job, or in some cases, an entrepreneurship enterprise. In recent years, there are more influencers who set themselves out to become influencers.

They follow a marketing process which involves the setting themselves out as influencers from day one. Those who became an unintended influencer often seek legal advice at a much later stage later and only where they feel that there is a pressing legal issue for them to resolve.

At the same time, other influencers come to speak to us at a much earlier stage where they seek legal advice specific to legal issues concerning influencers but also general commercial advice, which would ensure that they are set to go in the most efficient and profitable way, which is right for them, for potential sponsors and advertisers and for their social media followers. In our experience, there huge value for influencers and for aspiring in taking legal advice as early as possible and before there are urgent legal issues to handle or resolve. Building up a relationship between the influencer and their legal advisor could pay off massively in the long term.

Legal advice on commercial agreements between influencers and brands

At the heart of a self-efficient, successful and profitable influencer are the commercial relationships between the influencer and various brands. In some cases, those relationships begin informally, or through a third party but a successful influencer will very rapidly want to see their relationships with the brand developing and being formalised.

Having formal commercial relationships between the influencer and the brands, helps secure the arrangement, ensure that the influencer is being farilyu remunerated and helps to being on board other brands. Our expert lawyers give specialist legal advice and help draft and formalise sponsorship agreements between influencers and the sponsoring brands.

Legal advice to protect influencers intellectual property rights

In too many cases, influencers pay too little attention to intellectual property rights. An influencer’s intellectual property rights often include a trading name, or a name which the influencer is know by on social media, the influencer’s real name, phrases and concepts that the influencer has created and other unique features to the influencer, which may need to be protected in order to avoid being copied, misused or stolen by others.

At the heart of an influencer’s strategy, we recommend to have a web of intellectual property rights, which includes not just concepts, names and ideas that are currently used by the influencer, but also ones that the influencer is intending to use in the future as well as registration of trademarks that are simply intended to prevent others from using particular words and phrases to promote themselves.

Legal advice on merger and acquisition of social media accounts

Influencers who develop a vibrant and growing business might wish, at one point, like any other business owner, to buy other influencers’ accounts, to merge their business with another or to sell out. Some influencers create a number of brands, which they hold under a one company and which they operate as separate social media accounts.

Those kind of influencers constantly develop new niches of interest which they then promote to a segmented section of social media users. It is not uncommon for influencers of this kind to become attractive for larger media or social media outlet who may wish to buy them or to merge with them in order to create a larger operation under a single point of management.

Our lawyers have extensive experience in providing legal advice to influencers on helping to buy, merge and acquire influencers’ businesses. We have worked on the mergers of some of the largest influencers’ businesses in the world and we can move fast to help create a legal merger between two or more influences’ businesses.

Why so many influencers choose Cohen Davis as their lawyers

Our lawyers have been providing internet law related legal advice longer than anyone else in the UK. Being a niche law firm, we understand how the internet works, including in particular online marketing, social media and different social media platforms.

As a niche law firm, our charges are far lower than what you might be asked to pay with some of the larger law firms. We tend to do things faster and with a greater degree of accuracy, often at a fraction of the cost that you might be expecting to pay elsewhere.

Expert legal support for website operators

Let us help you to smoothly manage your website, online store, membership area or online discussion forum by securing all the legal stuff, terms and conditions, users' policies and GDPR.

Why do website operations may require legal support

What is the legal liability of website operators

What legal support is available for website operators

What are the most common legal risks for website operators in the UK

Why do website operations may require legal support

Depending on the type of website that you operate, there are always short-term and long-term legal liability that may arise in the near or in the distant future. As a website operator, you might be expose to legal claims that could be avoided, provided to ensure that you have in place all the legal protections that could possible put in place from the outset.

What is the legal liability of website operators

 Often, potential legal liability of website operators is obvious and apparent for any lawyer who considers a website and who understand the nature of online business that their client is carrying out. In other cases, the legal  liabilities of the website operator might not be so apparent even to a lawyer unless the lawyer is an expert and very experience in providing legal support to website operators.

The most practical way for you, as an operator of a website or an internet forum in the UK, to protect your position is to know what your rights and obligations are. Yes, there is plenty of information on the internet which you can read but much of it (we are told by our clients) is either too general or too detailed for you to be sure of your true legal position.

What legal support is available for website operators

To keep things simple but safe we invite you to call us today and to speak with one of our expert internet lawyer in a consultation dedicated to you and to your business. There are only 3 or 4 law firms in the UK which genuinely specialises in internet law and which are able to offer you a long term relationship of trust coupled with outstanding legal advice and support.

As an operator of an online forum or a review website you are likely to need to have a good understanding of your rights and obligations in relation to defamation, data protection and privacy laws. You are likely to benefit from advice on drafting the most appropriate legal documents for your website, which include privacy policies, website terms and conditions and often users’ agreements and a code of conduct for your forum.

What are the most common legal risks for website operators in the UK

The most common legal risks for website operators in the UK are in relation to law suits that involve breach of privacy, breach of GDPR and data protection laws, breach of trademarks, breach of contract and from other consumer law related matters.

We will, as a matter of course, advise you on trademarks for your online business and will carry out international trademark searches to ensure you are safe. We will check if you are compliant with data protection laws and particularly where your users’ data is stored and whether this is compliant with EU data protection laws. We will further advise on defamation, privacy and other legal issues which you are likely to encounter as an operator of an online forum or legal advice about a review website.

Most importantly, however, once we speak with you in a consultation and have an understanding of your business and your passions, you will establish a relationship with us which means we will always be there to help and support you on short notice.

How to obtain a social media Norwich Pharmacal Order

The objective of obtaining a Norwich Pharmacal Order in the context of internet and social media law is often to facilitate the removal of the defamatory reviews or posts from social media platforms.

Social media Norwich Pharmacal Order

How to obtain a social media Norwich Pharmacal Order

What to do after you obtain a Norwich Pharmacal Order

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Social media Norwich Pharmacal Order

Often Google online reviews which are posted by an anonymous Google user, are both, defamatory and maliciously false. In some cases, there will be a large number of anonymous Google online reviews, not all of which are defamatory on the face of it. However, the negative Google reviews, which fall short of being defamatory when standing on their own, when considered together with the defamatory ones, might also be considered defamatory if they are found the be part of the same ongoing online reputation attack against the business. Sometimes the context and the innuendo of an online review could create a defamatory meaning when considered as a whole, in the wider context.

For this reason, you can obtain a Norwich Pharmacal Order even for reviews that contain one star, or which contain comments which are negative but are not necessarily defamatory, but which you suspect had been posted by the same anonymous Google user.

How to obtain a social media Norwich Pharmacal Order

Our unique process for obtaining a speedy Norwich Pharmacal Order starts with communication with Google with requests to assist us in obtaining information about the Google user/s who posted the defamatory and the other negative online reviews. At the same time, we send Google an approved draft disclosure order and will request Google to remove the reviews and perhaps to notify the Google user that we are in the process of identifying them.

This will send a clear message to the reviewer of our intention and from our experience, this is often sufficient to prompt Google and the reviewer to remove the defamatory review. Otherwise, we will continue with our application to the court for a Norwich Pharmacal Order.

What to do after you obtain a Norwich Pharmacal Order

If the disclosure order reveals defunct information, we will proceed to apply for a default judgment against “persons unknown” which, if successful, will mean that Google will have to remove the defamatory reviews if they haven't already done so.

If, on the other hand, the Norwich Pharmacal Order reveals the identity of real individuals, we will consult with our client and together decide as to the next step, depending on who the reviewer is and what is the motivation behind their posts. It is very rare that we end up having to pursue an individual reviewer all the way to the court as matters nearly always tend to get resolved earlier.

False and defamatory online reviews legal advice

Online review defamation tends to have a disproportionate and a significant impact on small and medium size businesses. But large businesses are affected too. This is particularly true when it comes to the hospitality and the services sectors.

Our extensive experience in assisting companies who face online reviews with defamation, tells us that defamation on online review websites isn’t a simple nuisance that can be ignored and that when significant defamatory campaigns are left online, they can certainly create a short and a medium-term financial impact on most hospitality and services orientated business.

Because we are specialists with over 25 years of experience in internet law, we probably know more than any other law firm in the UK about defamation on online reviews and we have, over the years, developed a number of creative and effective ways to help businesses of all sizes develop a winning online review strategic approach.

How to obtain a privacy injunction.

If you need to obtain a privacy injunction quickly, we will certainly be able to help. Cohen Davis solicitors regularly obtain privacy injunctions in cases and circumstances where a privacy injunction has never been granted before. We have acted in a number of landmark cases as solicitors for the claimant where our clients obtained privacy injunctions which aimed to protect them and members of their family from unwanted publicity. Many of these privacy injunctions relate to publications on the internet and often they are granted together with an anonymity order to protect the identity of our client.

How to remove a criminal record from the internet

Criminal convictions that appear on the internet are often hugely detrimental to anyone who tries to get their life back on track after being convicted by a court of any offence. Naturally, the more serious the conviction is, the more you would want publications of it to go away, particularly if you are entitled to be rehabilitated by law.

We have some of the most experienced solicitors in the UK who have removed thousands of criminal records from the internet on behalf of their clients. Our solicitors have a combined experience, larger than any other law firm in the world, in making successful criminal record removal applications to Google and to other internet search engines, as well as to newspaper publishers and to website operators all over the world.

If you have a criminal record that is still public, no matter how old you are or how long the criminal record has been published on the internet, and if you are serious about having it removed from the internet, read the articles on this website or call our super friendly lawyers for initial legal advice. 

How hotels can remove online defamation

Hotels and other parts of the hospitality industry, are highly susceptible to the posting of defamatory online reviews. But unlike some restaurants, who are more flexible in picking and choosing their diners, hotels tend to lack the means of filtering out guests who are known for posting online defamation.

Defamatory online reviews against hotels

How many negative reviews would it take to put people off booking a hotel

Why are hotels so susceptible to defamatory online reviews

How to remove defamatory online reviews about a hotel

Defamatory online reviews against hotels

The most common place on the internet for the posting of defamatory online reviews against hotels is Facebook. Unlikely TripAdvisor, where a certain degree of control still exists for some hotels to remove defamatory online reviews under their business listings, on Facebook, a user may post a defamatory online review with little possibility for the hotel to control or facilitate the removal of the defamatory online reviews.

Regardless of whether the defamatory online review was posted on Facebook or on TripAdvisor, or on another business review website, it is, in nearly all cases, possible to have the defamatory online review eventually removed.

How many negative reviews would it take to put people off booking a hotel

It is relatively easy to put people off from booking their holiday in a particular hotel. Most people, if in doubt, would rather not take risk and book a hotel with significant negative online reviews. The significance, when it comes to posting defamatory online reviews against hotel, is not necessarily in relation to the number of the defamatory online reviews but it is more to do with the nature of the review and what has been posted.

For example, a single defamatory online review which falsely sates that the bed sheets were stained with blood, or that the guess spotted a mouse in the room, would be enough to put most people off booking a holiday in the hotel in questions. If a group of visitors to the hotel decide to all post similar defamatory online reviews, the impact on bookings would be even harder for the hotel to maintain.

Why are hotels so susceptible to defamatory online reviews

Sometimes guests threat the hotel that they will leave negative online reviews if the hotel did not adhere to certain unreasonable demands, such as room upgrades, free nights or a discount on the booking.

This effectively is a form of blackmail. To be able to handle this type of situation, the hotel will need to have a robust process for handling defamatory online reviews and for having them removed fast.

How to remove defamatory online reviews about a hotel

How we approach facilitating our clients with the removal of defamatory online reviews about a hotel, would depend on the circumstances of each case. We look at the content of the review carefully, we will take steps to identify the individual who posted the defamatory online review and we will consider the various options which may include communicating with person who posted the defamatory review, communicating with the website operator, communicating with Google or taking steps to obtain a court order to remove the defamatory online review as quickly as possible.

Having a robust system in place for removal of defamatory online reviews, helps avoid reputational and financial damage and more importantly, it discourages other from posting defamatory online reviews against the hotel in the future.

Remove defamation with solicitor legal advice

If you or your company have become the target of defamatory online publications, you should read on because our defamation solicitors are likely to have come across a similar matter to the one you are now facing. Being the oldest law firm in the UK to advise clients on online defamation, we will be able to advise you on what works well and what steps you should consider avoiding when it comes to removing defamation from the internet. 

Our defamation solicitors have successfully removed defamation from thousands of websites across the internet and part of this success, we owe to our excellent relationships with specialist defamation attorneys in other parts of the world, and in particular in the US and Canada.

These associations help us achieve a speedy and a cost effective outcome for our clients who can benefit from the best available defamation solicitor and attorney legal advice in real time and at an affordable cost. 

Remove defamation twitter solicitor

How to Remove False, Defamatory Glassdoor Reviews

Recently Glassdoor.com has intensified its presence in the UK. Glassdoor.co.uk is now a major review website for companies that are located in the UK. In the USA Glassdoor is following its Community Guidelines which states the importance of giving everyone a right to express their opinion “without fear of retribution.” This commitment is often demonstrated by Glassdoor aggressively defending the rights of its registered users to uphold anonymity, often making it difficult to challenge Glassdoor reviews as defamatory through the courts. Despite this, we are able to obtain disclosure orders and removal of reviews from Glassdoor.co.uk through either negotiation with Glassdoor legal counsel or through litigation.{loadmodule mod_custom,Marketing and online reputation}

In most cases we are able to facilitate removal of Glassdoor reviews from Glassdoor.co.uk directly from our London, UK office but occasionally we work together with our associated attorneys in California who conduct local litigation on behalf of our clients as necessary. There is yet to be a case recorded were Glassdoor submit to the jurisdiction of the High Court in England. So far Glassdoor counsel has managed to avoid direct litigation in the UK. Despite this, we are able to domesticate most court orders against Glassdoor.co.uk, such as third party disclosure orders, (commonly known as NPO) in San Francisco California, whereby converting High Court disclosure orders into valid, local subpoenas.

Be aware that as an affected businesses, once you create a user account with Glassdoor.co.uk, Glassdoor will claim that you have committed yourself (by virtue of their terms and conditions) to conducting all legal proceedings in accordance with the law of California. This could limit your options of having defamatory reviews removed from Glassfoor.co.uk through the English courts and Glassdoor may force you to litigate at their home ground.

Generally speaking, dealing with a false review on Glassdoor.co.uk is more challenging than some other websites. To maximise the likelihood of success, we strongly advise that you speak to either a specialist attorney in the USA (we will be happy to recomend one of our trusted associates) or to one of our specialist defamatory lawyers here in the UK before you create an account or post a reply to a review on Glassdoor.co.uk.

How to remove Google reviews

Whilst most businesses accept positive and negative online reviews with grace, most would still wish to remove Google reviews when those reviews are defamatory or malicious.

When can you remove Google reviews

How can you remove Google reviews

Can you remove a number of Google reviews with a single application

How long does it take to remove Google reviews

When can you remove Google reviews

You can remove Google reviews in circumstances where the reviews are false, malicious and defamatory. If you have identified those types of online reviews to Google and if Google refused to remove those reviews, in most cases, you will still be able to remove the reviews with the help of a solicitor.

How can you remove Google reviews

You can remove Google reviews by following a process which may involve, communication with Google, setting out a draft disclosure order, making an application for a disclosure order and making an application for a default judgment against any online reviewer who is not identifiable or traceable following the disclosure order application.

Can you remove a number of Google reviews with a single application

You can remove scores of Google reviews simultaneously but including as many online reviews as you need with a single disclosure application. In most cases, during the process of a third party disclosure application against Google, Google will agree to have the Google reviews removed from your business listing, even if you are yet to obtain judgment against the online review. Often false and defamatory online reviews are posted on more than one occasion by the same Google user, which means that bundling up a number of Google reviews for removal is nearly always a good idea.

How long does it take to remove Google reviews

How long it would take to remove Google reviews would depend on nature of the reviews you wish to review and the engagement between you and your solicitor and Google. In some cases, you can remove Google reviews within hours or days from the first communication between your solicitor and Google but in most cases, it would take longer, at least a week, before Google agree to remove defamatory reviews. Where you intend to apply for a disclose order, it could take anything between one week to several months, depending on the engagement of Google with the legal process. Often the review will remove their own defamatory review once they are informed by Google that there is an ongoing application by solicitors to have their identity disclosed.

How to remove your name from Google

There are different ways you can remove your name from Google search results. The most appropriate way to go about removing your name from Google would depend on the nature of the information that is being posted and the platform which hosts it.  You may remove your name from Google if your name is linked to data which is either defamatory or which is in breach of any law.

Remove your name from Google because your name is linked to defamatory content

Remove your name from Google because your name links to private information

Remove your name from Google under data protection laws

Remove your name from Google where your name is linked to unwanted images or videos

Remove your name from Google because your name is linked to defamatory content

Usually, Google will not object to having your name removed from search results, if the article in question, or if the snippets that show on the search result are defamatory. Whilst Google is not in position to decide what is defamatory and what is not, it is your responsibility to substantiate your claim of defamation and you can do so either by showing that the search results that Google presents are defamatory, or that they are highly inaccurate, in accordance with data protection laws.

In some cases, you will be able to remove your name from Google because a search for your name brings up search results that are in fact refer to somebody else. It is possible, for example, that if you share your name with a notorious criminal, Google will agree to remove certain search results if you can show that you are being highly prejudiced by the link between your name and the search result that comes up.

This will be difficult to do but not impossible and Google agreement or refusal to remove your name from the search results would depend on the particular circumstances of your case.

Remove your name from Google because your name links to private information

If the information that Google brings up in searches to your name is not defamatory, it might still be able to have it removed if the information that is being presented is private information. What is considered private information for the purpose of having your name removed from Google searches, might be subjected to a debate.

Some private information is clearly private whilst other information might be private but this might not be so obvious to Google. In some cases, information which was public previously might become of private nature subsequently. An example might be a spent criminal conviction.

At the same time, private information might cease to become private if you decided to place it in the public domain. In short, for the purpose of wishing to remove your name from Google, information can move from being private to public and from public to private.

Remove your name from Google under data protection laws

You might be able to remove your name from Google under the Data Protection Act or GDPR. There are rules for the way Google can process your data and if you believe that your name should be removed from Google searches because Google is breaching any of your rights under data protection laws, it is your responsibility to make out the case to Google.

You may use European data protection laws, privacy laws and defamation under the same application to Google to have your name removed from internet searches.

Remove your name from Google where your name is linked to unwanted images or videos

If the information that you wish to remove from Google, or if your name is linked to images or videos, which perhaps in the past you were happy for Google to present but now you feel uncomfortable with, you may still utilise data protection law, privacy law and copyright law to request that Google removes your name in relation to those images or videos or that Google completely delist the media from searches in relation to your name.

Whatever the reason is for your need to have your name removed from Google, you should seek legal advice whenever possible. Our lawyers are experts in facilitating removal of unwanted data from the internet. Browse our website for free information, guidance and case studies similar to yours and contact us by email or a free call for additional support.

Newspapers have a right to publish certain information about you even if the information turns out to be untrue. For example, if you have been charged with a criminal offence and then prosecuted, news reporters have a right to report from legal proceedings as long as the reporting is fair and accurate. The problem starts in cases when a reporter sits in court and then writes an article about the serious allegations that a witness has made against the defendant.

The newspaper then publishes a report from the legal proceedings about the evidence that was given against the defendant. Say the following day, the reporter does not turn up to court when the evidence of the same witness is discredited. A few days later, the defendant is found not guilty, or the trial collapses due to the now discredited evidence of the witness against him.Because the journalist is not in court, this isn’t being reported by the newspaper. The consequence for the defendant, who has now been found not guilty is that the allegations against him, as given by the false witness and reported by the press, is still published on the internet, on the online version of the newspaper.

Even though the reported allegations have been proven false, the newspaper editor refuses to delete the online news article. This leaves the innocent victim of the false allegations in a difficult situation. To the rest of his life he will be subjected to publication of false allegations against him without being able to take legal action for defamation against the newspaper or against the witness who gave false evidence.

The newspaper is protected by the fair reporting from legal proceedings defence whilst the discredited witness is protected by the fact that their false statement was made during legal proceedings. By law, both of them have a good defence to a claim of defamation. The only option left for the victim of the false allegations is to ask Google to de-list the news articles from its internet searches.

Google, however, often thinks that it is above the law. When the allegations are serious, particularly involving sex offending, Google tends to treat applicants of a right to be forgotten request with contempt. Google, without good reason refuses to delist certain news articles about criminal proceedings from search results. This is where the victim needs to come and speak to us!

If you are serious about taking steps to remove porn videos from the internet regardless of how many of them are out there, call us now! We have experienced lawyers and an award winning dedicated legal and technical team who will do their utmost to help you achieve your goal.

There are different ways by which you can remove private information from the internet. Private information could be information that you placed yourself on the internet but which you no longer wish to remain online. Private information is also information or data that was placed on the internet by others.

It could be your address, your date of birth, names of members of your family and other information, which if processed in a certain way, could be considered as private. Private information that you can remove from the internet may also include images and videos showing your face or body, whether posted by you or by others.

You can remove private information from the internet by using privacy law, data protection law, copyright law and sometimes even defamation law. Often, however, a well written letter to the operator of the website which hosts your private information would do. If you are a retiring celebrity or used to be a model or an adult entertainer, it is likely that there is large amount of private information about you on the internet.

In some cases, this may include hundreds and even thousands of articles, images and videos, which perhaps earlier in your life you were happy to remain online but now you consider private and wish to remove from the internet. Maybe because you started a family or a different job, images or other private information that you were previously happy to see on the internet is no longer to your liking. In this case, it might take some time to remove all your private information from the internet, and in some cases, up to one year.

But this should not deter you because you have arrived at the right place, perhaps the only place in the UK where there is help available. You will be pleased to hear that we have already assisted individuals exactly like you in systematically removing private information from the internet. Browse our website for case studies, testimonials and plenty of free advice and call us free on 0800 612 7211so that you can speak with one of our lawyers who will be delighted to advise you and give you the legal support you need.

Legal aspects of online reputational risk

Online reputation risks, are risks that should be considered at the designing stage of a business. This is, of course, in an ideal world. As we live in the real world, the reality of reputational risk online is that it is something which is rarely being considered by the majority of the small and medium size businesses beyond the aspects of online marketing, promotions or online reviews. Legal aspects of reputation risks for most businesses often involve defamation, trademarks, online reviews, regulatory breaches, internal management and employment issues and isolated conduct by an employee. 

Reputation risk and defamation

Reputation risk and trademark

Reputation risk and employees

Reputation risk and defamation

Defamation is often considered, one of the most significant reputational risks where lawyers tend to get involved. Posting untrue statements online, investigative journalism and consumer television programmes often pose a risk to the good reputation of a business where the intervention of lawyers might be necessary to help manage either a forthcoming reputational risk or an ongoing situation where mitigation is required. 

Our lawyers have a huge amount of experience in advising and assisting businesses about reputational risks throughout the process of the creation and post broadcast creating, the broadcasting of documentaries and TV programmes by investigative journalists, such as Panorama, InsideOut and Dispatches as well as journalistic publications by the all the mainstream UK newspapers.

Reputation risk and trademark

Generally speaking, there are two opposite sides to reputational risk that trademark issues might pose. The first is where a company, intentionally or inadvertently misuses somebody else's trademark with the reputational risk of being called out by the lawful owners of the trademark. This could possibly result in serious reputational damage to the infringing company and to its own brand and, of course, it might lead to litigation and to financial losses and bad press.

Our reputational risk lawyers handle the misuse of trademark cases on a regular basis and will give you the advice you need in accordance with the specific circumstances of your case. The other side of trademark and reputational risk is a situation where you company becomes a victim of infringement.

This might happen where someone copies your website and fraudulently sells goods or services to unsuspected customers who believe they are buying from you. It is possible to minimise this type of risk in various ways and if the risk does materialise, to take steps which would mitigate any reputational damage.

Reputation risk and employees

Often, one of the most serious reputational risks comes in fact from within the organisation. Disgruntled employees who might or might not have a legitimate reason for a grievance, are a source of information which could cause significant reputational harm to the business.

From a legal perspective, this type of reputational risk can and should be managed by expert lawyers who should preferably get involved with reputational aspects of employment contracts and with any other employment law issue which may arise from time to time within the organisation.

Our reputational risk lawyers have deal with dozens of cases involving internal reputational risk and have successfully assisted large number of organisations with the successful management or such reputational risk.

Legal advice right to be forgotten

You might feel lost and unsure about making a right to be forgotten request. Whilst the form appears to be short and easy to complete, when you consider that the outcome of your submission could decide whether your future will become more memorable than your past, you will be right to conclude that your likelihood of success is likely to substantially increase with the support of expert advice.

Dedicated expert lawyers for right to be forgotten applications

Making a successful right to be forgotten application

Implications of right to be forgotten submissions

Dedicated expert lawyers for right to be forgotten applications

We have a dedicated team of lawyers who give right to be forgotten help, support and legal advice to anyone who needs it. If you are looking to make a right to be forgotten submission, you should consider contacting a member of our dedicated team. We are the only law firm in the UK with a dedicated team that specialises exclusively in making successful right to be forgotten applications.

Often, your initial right to be forgotten application would form the basis of any subsequent appeals to the Information Commissioner's Office (ICO) or by way of a GDPR Notice to Google so you might consider it essential to get your right to be forgotten application right from the outset. Hopefully, there will never be a need to file an appeal.

Making a successful right to be forgotten application

Successful right to be forgotten applications that we have recently submitted and have been successful with, include applications on behalf of individuals who have been convicted of criminal offences, of teachers who have been subjected to teacher misconduct disciplinary procedures by National College for Teaching and Leadership, of medical professionals and practitioners who have been subject to BMA disciplinary process and entrepreneurs whose past mistakes have been following them for far too long. 

Our particular speciality is the submission of right to be forgotten applications in relation to individuals who have been investigated, charged and tried by criminal courts and who have been found not guilty by the jury. Other successful right to be forgotten applications submitted by our dedicated team were submitted on behalf of celebrities and other individuals who are in the public eye or whose legal cases or past conduct attracted media attention for various reasons. You can read more about examples of right to be forgotten cases

Implications of right to be forgotten submissions

When submitting a right to be forgotten application to remove news articles from Google in relation to a newspaper article that is published online, you must take into consideration the possibility that Google will inform the publishers, particularly mainstream news publishers, of your application.

You should therefore be ready for this eventuality and be prepared to object to any potential additional reporting by the newspaper. Generally speaking, it is not allowed for a news organisation to report about your right to be forgotten application. Our incredibly friendly and highly knowledgeable lawyers are happy to help and answer any right to be forgotten questions that you might have.

Right to be forgotten appeal ICO legal advice

The ICO is far more likely to overturn Google refusal to allow a right to be forgotten application than most people realise. Our experience is that an average of around 92% of right to be forgotten applications that our firm submits on behalf of our clients are successful, either with Google or upon appeal. This include right to be forgotten applications that end up being appealed to the ICO.

There are at least three different routes to help you remove criminal record from the internet or at least from Google search results. Most of those who wish to remove links to a criminal record from Google searches are aware of the right to be forgotten application but often are unaware of a much quicker, and more reliable method to persuade Google to remove references to old criminal convictions from search results.

We often advise clients, who are in a bit of a rush, to pursue Google through a s10 Data Protection Notice instead of via a right to be forgotten application. Understandably, Google has given the right to be forgotten a relatively narrow interpretation, which just about complies with the famous Google Spain case which resulted in the creation of the concept of a right to be forgotten.

Under s10, however, Google’s obligations are much more stringent which means Google is unable to take a narrow approach in relation to those. To find out more about the quickest route to have past criminal convictions and a criminal record removed from the internet, whether under a right to be forgotten or by a different method, browse this section of our website or call us free on 0800 612 7211.

Cohen Davis an award winning and the UK first true social media litigation law firm.

Our social media litigation lawyers prepare trial strategies from the very first day we are instructed on a case, which often helps us resolve matters very swiftly. Our social media litigation lawyers conduct cases both in the UK and in the USA and work together with some of the very best USA attorneys.

We issue and serve injunctions and subpoenas quicker than our client can often imagine is possible and our social media litigation lawyers regularly deal with lawyers from Facebook, Google and Twitter ensuring a smooth and fast delivery of fantastic results for our clients.

If you have been a victim of defamation by the police, before taking legal action against the relevant police force, you will need to consider the following important point:

In the UK, there is a defence for action for defamation which is called “Absolute privilege”.

Absolute privilege is effectively a public policy defence which is designed to protect defamatory allegations made in certain situations, for example, statements made in court during or as part of legal proceedings; fair and accurate contemporaneous reports of such proceedings by the press and statements made, and documents created, in the course of a police criminal investigation.

However, not every document or statement which is created during a police criminal investigation is also protected by the defence of absolute privilege.

A classic example of a case where the defence did not apply was the recent case of Selvaratnam Suresh, who sued the Met Police for defamation.

Mr Suresh, who was represented by Cohen Davis Solicitors on a no win no fee basis, sued the police for defamation in relation to an email which was sent by one if its police officers.

The police initially claimed that the email was protected by the defence of absolute privilege, which provides for immunity from a defamation suit in respect of a statement which can fairly be said to be part of the process of investigating a crime.

However, whilst the defence of absolute privilege protects statements which can fairly be said to be part of the process of investigating a crime or possible crime, the email sent by the police officer to members of the public and to public officials was no such statement.

The email made inaccurate statements about the evidence against Mr Suresh, and wrongly advocated for steps to be taken against him by the Charity Commission, such as his removal from his position as a trustee. The mere fact that the police officer made reference to his investigation does not mean that the email formed part of the process.

Training Contract vacancy media and social media law

We always have a training contract vacancy available for a quality candidate. We are accepting applications for training contracts on an ongoing basis. A training contract with Cohen Davis solicitors can last between 2 years, for a trainee solicitor who have already passed the LPC, to 5 years for those who wish to train with us and undertake the LPC at the same time.

We will also consider sponsoring the LPC for the right training contract applicant. Other than applications for training contracts we consider applications for positions of paralegal regardless of whether you already have a law degree. If you believe that you have what it takes to pursue a career with a niche law firm that specialises in internet law, please refer to the section of our website that explains more about applying for a training contract.

Being trolled on twitter by internet trolls could be hugely frightening and devastating for anyone, let alone for someone who is in the public eye

Our social media and harassment lawyers offer our clients who are being trolled on twitter, legal advice which in nearly all the cases makes the trolls go away forever.

The legal advice our lawyers give is based on long term experience and it always takes into consideration factors such as PR, reputation management, legal probabilities and above all, the well-being of our client.

How to instruct an internet law attorney in the US

If you are looking for a US internet lawyer or an internet law attorney to help you to obtain a court order, a disclosure order, a subpoena, or an injunction against a USA based website, our firm works with nearly 100 associate attorneys in the US and Canada.

Potential issues for UK clients who instruct the wrong internet law attorney in the US

Why instruct us to oversee your USA internet law case

Obtaining a subpoena against website operators in the US

Potential issues for UK clients who instruct the wrong internet law attorneys in the US

Whilst the internet provides access to information about lawyers and attorneys from all over the world, when it comes to your legal work, it is important that you ensure that the attorney you instruct across the ocean is of the highest calibre, is experienced in the area of law for which they accept your instructions and that their charges are kept under control. We know that for most individuals who have had a limited amount of dealings with lawyers and attorneys, let alone overseas, finding and then instructing a new lawyer, particularly in a relatively unfamiliar area of law and in another country, can be daunting. 

It is not only the costs to consider, but it is the quality of the work that most people would be concerned about when instructing from the UK, a US attorney. Internet law is the fastest growing area of law in the US, which means a growing number of attorneys are jumping on the internet law bandwagon, making a risky, treacherous and a highly complicated branch of the law, very dangerous to their unsuspecting clients. The damage that a well intending yet inexperienced US (or UK) attorney may cause your internet law case and to you personally, by misapplying the law or by misinterpreting a particular situation or by responding or initiating communication or proceedings inappropriately, or by filing for a claim or for a subpoena in the wrong jurisdiction is often irreversible. Inexperienced attorneys are the most common cause of the Streisand Effect, which is an unintended consequence of publicising more widely the very same information you might be trying to protect or remove from the internet.

Why instruct us to oversee your US internet law case

If you are looking for a US internet law attorney, you can stop searching now and start relaxing because you have finally arrived at a place of safety. Our lawyers have over 20 years of experience in handling UK-US legal matters and in obtaining and domesticating disclosure and other court orders in the US.

We know personally all the US attorneys that we work with, which are the very best and the most established US internet law attorneys. We have representative attorneys in nearly every State in the US. We carry out work for their US clients here in the UK and they take good care of our UK based clients who seek internet law legal advice in the US.

Obtaining a subpoena against website operators in the US

Before instructing a US attorney to obtain for you a subpoena against website operators in the US, make sure to speak to us as our associate attorneys in the US will be able to obtain subpoenas and disclosure orders from nearly every local court in the US.

This will give you assurance about the work which is carried out for you and will keep the legal costs under control. We speak to our US internet law attorneys almost daily and we meet each one of them at least once or twice a year. We want our clients to be safe, to feel safe and most importantly to be in safe hands, here in the UK and in the US, because the internet is borderless and because we care.

What to do if you had been a victim of catfishing

Our lawyers have prosecuted some of the most complex catfishing cases in the UK and our clients have received substantial damages awards for the pain and suffering they have experienced at the hands of the catfish.

What is catfishing

Why is it called catfishing

Is catfishing illegal

Can you take someone to court for catfishing

What is catfishing

Catfishing is a form of internet fraud. Catfishing happens when someone uses images and information, or a borrowed ID of another person to create a new identity online that is used to manipulated unsuspected victims – sometimes using an individual’s entire identity as their own.

Why is it called catfishing

A catfish, is a predator fish that scuttles along the bottom of the ocean feeding on smaller and more vulnerable fish. A human catfish will use another person’s online identity to create a fake account and will then try to form relationships online, over social media websites such as Facebook, Twitter, Instagram or Snapchat. The victim believes that they are communicating with the person whose identity the catfish has stolen. Often the catfish would deceive their victim of catfishing into an online romance or an intimate relationship causing the victim to expose their vulnerabilities to the catfish.

Is catfishing illegal

Currently internet catfishing is not a specific criminal offence in the UK although there are indications that it might become a criminal offence in the future. Having said that, catfishing might be illegal if the activity of the catfish falls under a number of other, more general criminal offences and civil wrongdoings.

Catfishing and the criminal offence of fraud

In many cases catfishing involves fraud. The criminal offence of fraud includes identity theft. Victims can suffer both financial and emotional harm. Catfish often not only exploited their victims for money but they also exploit social relationships as a result of catfishing.

The Fraud Act 2006 includes offences that would apply to anyone who assumes a false or non-existent identity to commit fraud. Section 2 of the Fraud Act 2006, sets out the crime of fraud by false representation, which would cover a person pretending to be someone else for the purposes of making a gain for himself or another. Gain, is defined by section 5 of the Fraud Act as gain in money or property but it does not extend to emotional gain, sexual gratification or emotional gain. Because of the narrow definition of “gain” in the Fraud Act 2006, is difficult to prosecution people who commit catfishing online, unless they steal something tangible from their victims.

Catfishing and the criminal offence of harassment

Often, catfishing also involves the harassment of the victim which means catfish can be prosecuted under the Protection from Harassment Act 1997. Upon a conviction of harassment, the maximum sentence catfish could expect to receive is between 6 months to 10 years imprisonment, depending on whether the caused the victim to fear violence.

Catfishing and the criminal offence of malicious communications

When it occurs online, which is nearly always the case, the catfish could be prosecuted under the Malicious Communications Act 1998. Under section 1 of the Malicious Communications Act 1998, a catfish could be prosecuted if they send their victim of catfishing an electronic communication which conveys a message which is indecent or grossly offensive, a threat or an information which the sender knows to be false.

On a conviction under the Malicious Communications Act 1998, the maximum sentence that a catfish may receive is between 12 months to 2 years imprisonment, depending on the seriousness of the catfishing offence.

Can you take someone to court for catfishing

Yes. In many cases, as a victim of catfishing you can bring a civil case against a catfish for harassment, for misuse of your private information and for infringement your personal data rights under Data Protection Act 1998 and under GDPR. All the these civil wrongdoing can be brought to court at the same time with the likelihood of the victim being awarded an injunction and a substantial award of damages.

XLD v KZL [2020] EWHC 1558 (QB), is a case of blackmail following a relationship which was formed on an online dating website. The High Court granted both, an interim injunction and a permanent injunction to prevent the harassment of the claimant and the misuse of his private information by the defendant.

Information about the case of XLD v KZL

Who was the lawyer in the case of XLD v KZL

What was the case of XLD v KZL about

Did the claimant in the case of XLD v KZL succeed

Can a blackmail victim in the US be granted a privacy injunction in the UK

Lawyer in the case of XLD v KZL

Yair Cohen was the lawyer in the case of XLD v KZL. Yair Cohen of Cohen Davis was acting for the claimant who sought a privacy injunction.

What was the case of XLD v KZL about

The case of XLD v KZL was about privacy and harassment. The defendant blackmailed the claimant to the tune of £125,000 under the threat that she would disclose her relationship with the claimant to the claimant’s wife, children and business associates. The case was also about the right of a blackmail victim to obtain a privacy injunction, the right to be granted a privacy injunction without notice to the defendant and the right of the claimant to be anonymised on court papers.

Did the claimant in the case of XLD v KZL succeed

The claimant in the case of XLD v KZL succeeded with all his applications to the court. He was granted an interim injunction, a permanent injunction, a right to be anonymised and a right to have the initial hearing for an interim injunction without the defendant being present.

Can a blackmail victim in the US be granted a privacy injunction in the UK

In the case of XLD v KZL, the claimant was granted a privacy injunction against a UK based defendant, despite the claimant being a US citizen.