When to Consider a Lawyer’s Notice
Sometimes, sending a protest or response letter does not yield results. A media outlet may continuously publish negative content about an organization, ignore submitted protests, or publish false and baseless reports. In such cases, sending a lawyer’s notice becomes necessary.
In simple terms, if false information has been published about you or your organization, and there is enough ground to take legal action against the journalist or media outlet, a lawyer’s notice signals your entry into the legal process.
However, this step must be taken carefully:
- A media outlet or journalist may respond aggressively.
- Other journalists may feel encouraged to publish similar reports.
- Even if you are confident about your business and actions, sending a notice requires strategic thought.
Four Key Preparatory Steps
- Operate Correctly from the Start
Avoid any actions that could give journalists reason to publish negative news. - Conduct Your Business Properly
Ensure that the business or service you provide is accurate, lawful, and transparent. - Maintain Service Quality
If there is any risk of compromising quality, manage it proactively. This does not mean bribery or manipulation, but careful operational management. - Initial Flexibility
Even if all procedures are correct, consider giving the media some leeway initially. Forgiveness and diplomacy may preserve a working relationship. But if damage is significant, legal action becomes necessary. - Consult a Lawyer
If escalation is unavoidable, always consult a legal professional before sending a lawyer’s notice. A qualified lawyer must draft and dispatch the notice.
Handling Lawyer’s Notices
- Many times, media outlets may refuse to accept a notice, claiming “recipient not found” or returning it through other means.
- Multiple copies should be prepared:
- One via registered post
- One via courier
- One via email
- One hand-delivered copy (with a receiving acknowledgment)
- Fax can still be used, with a fax sending report retained.
- These documents are crucial for any subsequent legal proceedings.
When Protests Fail
If:
- Your protest was ignored
- False and fabricated news continues to be published
Then:
- First Step: Send a lawyer’s notice.
- Second Step: Notify the media that failure to comply may result in legal action.
- Final Step: File a defamation lawsuit if necessary.
(Defamation cases are discussed in a separate chapter.)
Anticipating Media Reactions
Even after sending a lawyer’s notice, the media may react in various ways:
- Refuse to accept the notice.
- Call to express dissatisfaction or admit error.
- Offer a compromise or correction.
- Investigate further and publish additional news.
- Recognize the truth and stop publishing negative news.
- Remain silent but have others publish news indirectly.
- Respond to the notice formally.
- Continue publishing false reports as before.
It is important to plan for all these possibilities.
Package News
Package news refers to paid or sponsored content in newspapers.
- Prominent newspapers are careful with such arrangements, ensuring it appears as a newsworthy issue rather than blatant advertising.
- Examples include:
- A product feature highlighting exports to 100 countries
- A CEO interview on company milestones or anniversaries
- Some package news results from advertising deals, where companies pay for coverage or promise future advertisements.
- Not all news is paid; sometimes journalists independently produce feature stories about companies based on achievements, success stories, or regular reporting routines.
The key point is that package news may involve financial arrangements, but not every feature story is necessarily part of such deals. Some coverage arises purely from journalistic interest or the company’s performance.
This chapter emphasizes the strategic use of legal notices as a step after protests fail, how to prepare for media reactions, and the distinction between organic news and sponsored coverage.
