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Communications and media law in Aberdeen sits at the intersection of broadcasting, online platforms, telecommunications, advertising, privacy, intellectual property, and reputation management. Aberdeen is within Scotland, so some key rules differ from the rest of the UK, particularly in defamation and certain court procedures, while many other areas remain UK-wide. Ofcom regulates broadcasting and electronic communications across the UK, the Information Commissioner's Office regulates data protection and electronic marketing, and Scottish courts and authorities manage Scottish procedure, remedies, and criminal enforcement. Whether you are a publisher, broadcaster, tech platform, telecoms operator, agency, influencer, creator, or a business communicating with customers, this area of law affects how you produce, distribute, host, and monetise content, and how you manage legal risk.
Pre-publication and pre-broadcast review to avoid defamation, contempt of court, privacy and data protection breaches, and to verify compliance with the Ofcom Broadcasting Code and the Advertising Codes.
Handling complaints, takedown requests, and regulatory investigations, including Ofcom, the Information Commissioner's Office, the Advertising Standards Authority, and press regulators.
Online platform compliance with the Online Safety Act 2023, terms of service, content moderation policies, child safety rules, and transparency obligations.
Reputation and crisis management in response to threatened injunctions, negative coverage, or viral posts, including defamation and misuse of private information claims in Scotland.
Intellectual property clearance and enforcement, including copyright, trade marks, performers rights, music licensing, image rights, and user generated content permissions.
Advertising, influencer, and sponsorship agreements, including clear ad disclosures, substantiation of claims, and sector specific restrictions such as alcohol, gambling, and health.
Data protection and e-privacy for audience analytics, cookies, subscriber lists, and targeted marketing under UK GDPR and PECR, plus data breaches and cyber incidents.
Telecoms and infrastructure projects, including wayleaves and the Electronic Communications Code, mast siting, planning in Scotland, and radio spectrum licensing.
Filming, events, and drones, including location permissions, road closures, child protection, health and safety, and Civil Aviation Authority requirements.
Commercial deals and disputes, including production, distribution, licensing, talent, and agency agreements, as well as contractor IP ownership and moral rights waivers.
Broadcasting and Ofcom: UK-wide regulation applies in Aberdeen. Broadcasters must comply with Ofcom licences and the Broadcasting Code, covering harm and offence, due accuracy and due impartiality, fairness and privacy, and protection of under 18s. Ofcom can investigate audience complaints and impose sanctions.
Online Safety Act 2023: Online services with a link to the UK may have duties to mitigate illegal content and protect children, conduct risk assessments, and follow Ofcom codes. Duties are being commenced in stages, and Ofcom is consulting on codes and guidance. Non-compliance can lead to significant fines and enforcement notices.
Data protection and e-privacy: UK GDPR and the Data Protection Act 2018 govern personal data. The Privacy and Electronic Communications Regulations regulate cookies, similar technologies, and electronic direct marketing. Consent is generally required for non-essential cookies and for most direct marketing to individuals, with limited soft opt-in exceptions.
Defamation in Scotland: The Defamation and Malicious Publication Scotland Act 2021 reformed the law. There is a serious harm threshold, a single publication rule, and a 1 year limitation period. There are statutory defences of truth, honest opinion, and publication on a matter of public interest. Public authorities generally cannot sue for defamation. Liability focuses on authors, editors, and publishers, with protections for secondary publishers, subject to exceptions.
Privacy and confidentiality: Scotland recognises actions for misuse of private information and breach of confidence, with courts balancing rights to privacy and freedom of expression under the Human Rights Act 1998. Pre publication injunctions are possible, particularly for private information or confidential material.
Contempt of court and reporting restrictions: The Contempt of Court Act 1981 applies to Scotland. Publishers and social media users must avoid substantial risk of serious prejudice to active proceedings. Courts can make reporting restriction and postponement orders. There are specific protections for identifying children and victims and complainers in certain cases, and courts can impose orders to protect anonymity or a fair trial.
Intellectual property: Copyright arises automatically under the Copyright, Designs and Patents Act 1988. Consider performers rights, database rights, and moral rights. Trade mark and passing off protect brands. Clearance of music, footage, images, and logos is often required before publication.
Advertising and consumer protection: The Advertising Standards Authority enforces the CAP and BCAP Codes. Ads must be legal, decent, honest, and truthful, with rules on claims, promotions, children, and restricted products. Influencers must make clear and prominent ad disclosures in paid partnerships or affiliate promotions.
Telecoms and infrastructure: The Electronic Communications Code gives certain operators rights to install and maintain apparatus, subject to agreement or tribunal orders. Planning and building standards in Scotland apply to masts and street works. Aberdeen City Council manages local permissions, road closures, and certain filming activities.
Freedom of information: The Freedom of Information Scotland Act 2002 gives access rights to information held by Scottish public authorities, often used by journalists and campaigners. Environmental information requests may be made under the Environmental Information Scotland Regulations.
Surveillance and interception: Public bodies are regulated by the Investigatory Powers Act 2016 and the Regulation of Investigatory Powers Scotland Act 2000. Private sector CCTV and recording must comply with UK GDPR and PECR, with clear signage and purpose limitation.
It covers publishing and broadcasting rules, online platform responsibilities, advertising and marketing standards, defamation and privacy, data protection and e-privacy, intellectual property, contempt of court, telecoms infrastructure, and related commercial and regulatory issues.
Usually yes. You will need the landowner's consent for private property. For public spaces, Aberdeen City Council coordinates permissions for events, road closures, and certain commercial filming. Additional clearances may be needed for identifiable people, trademarks, and music. Drone use requires compliance with Civil Aviation Authority rules and may need extra permissions depending on location and risk.
Verify facts, keep records of sources, offer a right of reply where appropriate, distinguish clearly between fact and opinion, and ensure any comment is based on true or privileged facts. Consider a legal pre publication review, especially for investigations or allegations. Act quickly if you receive a complaint, given the 1 year limitation period and serious harm threshold under the 2021 Scottish Act.
Relevant online services may need to assess risks, put proportionate safety measures in place, enforce terms, protect children, and report to Ofcom where required. Ofcom will issue codes and guidance, and duties are being commenced in phases. The precise obligations depend on your service type, features, and user base.
Non essential cookies generally require prior consent under PECR, which must be specific, informed, and freely given. Essential cookies for core site functions do not need consent. Email and SMS marketing to individuals usually requires consent, with a limited soft opt-in for existing customers. Always provide simple opt-out options and maintain accurate records.
Broadcasters should first handle viewer or listener complaints under their internal process. Ofcom can then investigate issues such as harm and offence, fairness and privacy, or due accuracy and due impartiality. Ofcom can publish findings and impose sanctions on breaches.
Yes. Once proceedings are active, posts that create a substantial risk of serious prejudice can amount to contempt of court. Reporting restraining orders or anonymity orders can also apply. If in doubt, avoid commentary on facts and identity, and seek legal advice before posting.
Where there is payment or control over content, posts are ads and must be clearly labelled upfront using clear terms such as Ad. Claims must be substantiated and certain products have extra rules. Contract terms should address usage rights, compliance, and disclosure obligations.
Act promptly. Preserve evidence, review the claim, and remove or geo-block content if appropriate while you assess. Check licences, fair dealing exceptions, and platform policies. For wrongful claims, prepare a reasoned response, and consider a counter notice or negotiation. Repeat infringements can increase legal exposure.
Many cases begin in Aberdeen Sheriff Court. More complex or high value media and IP cases may be raised in the Court of Session in Edinburgh. Interim interdicts and urgent orders can be sought in appropriate courts, including out of hours in urgent situations.
Ofcom - UK regulator for broadcasting, on demand services, spectrum, and online safety regulation.
Information Commissioner's Office - regulator for UK GDPR, data protection, PECR, cookies, and direct marketing.
Advertising Standards Authority, CAP and BCAP - self-regulatory bodies and codes for non-broadcast and broadcast advertising.
Intellectual Property Office - official guidance on copyright, trade marks, designs, and patents.
Scottish Courts and Tribunals Service - information on Scottish court processes, forms, and guidance on reporting restrictions.
Crown Office and Procurator Fiscal Service - prosecution service in Scotland with media and contempt guidance.
Aberdeen City Council - permissions for filming, events, locations, road closures, and planning queries.
Civil Aviation Authority - drone and aerial filming rules and registration requirements.
Independent press regulators such as IPSO and Impress - complaints and standards for regulated publishers.
National Union of Journalists Scotland and Creative Scotland - professional support and sector guidance for media practitioners.
Identify your objective and risks. Is this pre publication clearance, a complaint response, a takedown, a contract, or a regulatory issue. Note any deadlines, such as the 1 year limit for defamation in Scotland or platform response windows.
Preserve evidence. Keep copies of drafts, posts, metadata, emails, logs, and analytics. Do not delete material without advice, as it may affect your legal position and remedies.
Stop and assess before publishing. For sensitive stories or high risk content, seek a legal pre publication review that covers defamation, privacy, contempt, copyright, and data protection.
Map data and marketing practices. Document cookies, trackers, mailing lists, and consents. Update privacy notices and consent tools where needed to meet UK GDPR and PECR requirements.
Review contracts and rights. Confirm ownership and licences for footage, music, images, and scripts. Update influencer, talent, and production agreements to allocate risk and ensure clear disclosures.
Engage the right solicitor. Look for a Scottish-qualified communications and media lawyer with experience in publishing, broadcasting, online platforms, or telecoms, depending on your needs. Ask about urgent injunctions, Ofcom and ICO processes, and Scottish defamation practice.
Consider insurance and strategy. Notify your media liability or cyber insurer if relevant. Agree a communications plan for stakeholders and a legal strategy that balances speed, risk, and reputational impact.
Follow regulator guidance. If Ofcom, the ICO, or the ASA is involved, cooperate promptly, keep accurate records, and align with published codes and guidance while you prepare your response.
Plan for compliance improvements. Use the matter to update policies, staff training, moderation workflows, incident response, and vendor contracts to reduce future risk.
