Fake news stories are increasingly common. With a growing
awareness that readers cannot believe everything we see in the news
and on social media feeds, new initiatives are being devised to
tackle the problem. In Germany, hefty fines are now levied on
social media companies that fail to remove fake news and hate
speech. Facebook, meanwhile, has announced a new system to
fact-check content and warn users against sharing it.
Lawyers are being proactive in protecting their clients from the
consequences of fake news which crosses the line from mere
misinformation to defamatory content which has the potential to
cause serious reputational harm.
Although they may seem like the obvious legal tool, injunctions
in relation to defamatory content are incredibly rare. Whereas the
courts will act quickly to prevent the threatened publication of
private or confidential information, judges take the view that, as
a general rule, publishers should only be forced to take down
