What you can do if it all goes wrong

Introduction to redress

What MPS can offer you is objective professional advice, and you can get this from the MPS press office 24 hours a day

Picture the scene – you pick up the local paper and see your name under a scurrilous headline. Your first thought might be to ring the editor of the paper and give her a piece of your mind, or you might want to hide away from the embarrassing humiliation of it all. But either of these options has the potential to backfire.

What MPS can offer you is objective professional advice, and you can get this from the MPS press office 24 hours a day. We will talk you through your options and do what we can to put the situation right.

It may seem most unjust, but if the story merely casts you in an unfavourable light while avoiding errors of fact, you may not have grounds for redress.

Unless the story contains factual errors or has misquoted you, there is not much that can be done. Journalists are trained to write their copy within the law. They may write sensationally, but most are careful to write accurately. Careful use of language (eg, “alleges”, “claims”) can imply incompetence or fault without explicitly stating it.

How can you seek redress?

If it can be demonstrated that the story concerned is factually inaccurate, the publisher can be asked to print an apology and a correction. Depending on the context of the published errors, the publisher might also print an article correcting the false impression given in the original.

Printing an apology is a major admission of error by the publication

Under the terms of the Defamation Act 1996, a publication should be given the opportunity to make amends. Printing an apology is a major admission of error by the publication and can be a considerable source of embarrassment to the editor concerned.

Misquoting

Media stories that quote you out of context or quote you incorrectly can be damaging to your reputation. Your comments may be edited and used selectively to best fit the particular news agenda of the day. If this happens, there are two courses of redress open to you – seek an apology and a correction or report the publisher to the Press Complaints Commission.

Factually incorrect articles

In a specialist area like healthcare, the scope for factual errors creeping into media stories is very wide. In some cases, a reporter may have spoken directly to one of your patients, or their family, about their experiences while being cared for by you.

The patient might present a skewed version of events for a number of reasons – their perspective could be altered by grief or disappointment, they could have misunderstood the clinical aspects or have poor recollection of events. In a few cases, they might be seeking retribution. These factors should be borne in mind when responding to the media – any perceived hostility towards the patient and/or the family could be exploited and publicised to the detriment of the doctor.

Correcting inaccuracies reported by patients is not easy because the doctor concerned is still bound by a duty of confidentiality. Although patients can talk openly about their medical condition, their doctors can't. We or your trust's press office will be able to advise you about the best way of handling this situation.

Court proceedings

The media can publish unproven allegations made in court. As long as they report proceedings fairly and accurately, there would be no scope for redress

Evidence presented in open court (which applies to most civil claims and GMC proceedings) can be reported in the media, unless reporting restrictions are specifically imposed. This means that the media can publish unproven allegations made in court. As long as they report proceedings fairly and accurately, there would be no scope for redress through claims of defamation or contempt of court.

Defamation

The Defamation Act 1996 sets out the basis on which claims of defamation can be brought, as well as providing various defences that are available.

Defamation proceedings are expensive and the outcome is often hard to predict, so a defamation action is not something to be undertaken lightly.

There are three ways in which you might find yourself involved in a defamation case: as a claimant, as a defendant, or as a witness. If you believe you have been defamed contact MPS for advice.

MPS can assist with defamation actions brought against you, provided the matter arises from your professional practice. Such assistance can extend to an indemnity for legal costs and disbursements, but is unlikely to include the payment of any compensation awarded.

If defamation proceedings have been brought against you because of something you have published in a book, journal or newspaper, your publisher should be responsible for defending the case. If you are involved in a radio or television programme, you should ask the producer for an indemnity before you agree to participate.

If you are the subject of defamation proceedings arising from your role as an official spokesperson for a medical association or royal college, that organisation should provide you with an indemnity.

Press Complaints Commission (PCC)

The PCC is an independent body that deals with complaints from members of the public about the editorial content of newspapers and magazines. All complaints are investigated under the editors' Code of Practice. The Code gives guidance on how news should be gathered and reported. It also provides special protection to particularly vulnerable groups of people such as children, hospital patients and those at risk of discrimination. Visit the PPC website to find out more.

The PCC Code of Practice does not cover broadcast journalist. If you have concerns about a TV or radio programme, you can complain to the broadcaster directly.