Best Communications & Media Law Lawyers in Aberdeen

About Communications & Media Law Law in Aberdeen, United Kingdom

Communications and media law in Aberdeen sits at the intersection of broadcasting, telecommunications, digital platforms, advertising, journalism, and the creative industries. Aberdeen operates within the legal frameworks of the United Kingdom and Scotland, so UK-wide regulators and statutes apply alongside distinct Scots law rules on matters like defamation, contempt of court, and freedom of information. Because Aberdeen is a media, education, technology, and energy hub, local organisations often handle complex content, data, and reputation issues that benefit from sector-specific legal guidance.

Whether you are a publisher, production company, influencer, startup, telecoms operator, charity, public body, or an individual whose reputation or privacy is at stake, understanding how these overlapping rules work in practice is crucial. A specialist lawyer helps align creative and commercial goals with lawful and responsible communication.

Why You May Need a Lawyer

- You or your business received a legal complaint about defamation, privacy, or harassment arising from an article, social post, video, podcast, review, or advertisement.

- You need urgent advice on contempt of court risks when reporting on an ongoing criminal case in Aberdeen Sheriff Court or the High Court of Justiciary.

- Your platform, app, or online community needs compliance advice under the Online Safety Act, Ofcom guidance, and user safety by design standards.

- You plan to launch a TV, radio, or online streaming service and need Ofcom licensing advice, code compliance, and music licensing clearances.

- Your marketing team needs help with the ASA advertising codes, influencer disclosures, prize promotions, comparative claims, or age-restricted products.

- You must comply with UK GDPR and PECR for cookies, analytics, retargeting, direct marketing, or audience measurement.

- You are facing a takedown demand or wish to remove or de-index harmful or unlawful content posted about you or your organisation.

- You need contracts that properly allocate intellectual property, moral rights, and usage rights for freelancers, crew, talent, photographers, and licensors.

- You are negotiating wayleaves, mast sites, or duct sharing under the Electronic Communications Code and local planning rules in Aberdeen.

- You are a public authority or contractor handling FOI requests, media handling policies, and records management duties in Scotland.

Local Laws Overview

Regulators and core statutes - Ofcom regulates broadcasting and electronic communications under the Communications Act 2003 and the Wireless Telegraphy Act 2006. The Ofcom Broadcasting Code sets standards for harm and offence, accuracy, impartiality, fairness, privacy, and due impartiality in news.

Online safety - The Online Safety Act 2023 imposes duties of care on certain online services to assess and mitigate risks, implement safety measures, and cooperate with Ofcom. New communications offences apply to harmful online content. Services with UK users may be in scope even if based elsewhere.

Defamation and reputation - In Scotland, the Defamation and Malicious Publication Scotland Act 2021 modernises the law. It includes a serious harm threshold, defences such as truth, honest opinion, and publication on a matter of public interest, a single publication rule, and a 1 year limitation period. Public authorities cannot sue for defamation.

Contempt of court and reporting - The Contempt of Court Act 1981 applies, with Scottish rules on when proceedings become active and restrictions such as orders under section 4(2) and section 11. Reporting must avoid creating a substantial risk of serious prejudice to a fair trial. Sexual offence complainants have statutory anonymity.

Privacy and data - UK GDPR and the Data Protection Act 2018 govern personal data. The Privacy and Electronic Communications Regulations 2003 cover cookies and direct marketing. The Information Commissioner’s Office regulates and can enforce against noncompliance.

Advertising and marketing - The Advertising Standards Authority administers the CAP Code for non-broadcast and the BCAP Code for broadcast ads. Influencer marketing must be clearly identifiable as ads. Consumer protection law prohibits misleading or aggressive practices and regulates price claims and endorsements.

Copyright and related rights - The Copyright, Designs and Patents Act 1988 protects literary, artistic, musical, film, broadcast, and software works. Commissioned work is not automatically owned by the commissioner, so contracts are key. Moral rights apply and may require waivers for certain uses.

Telecoms infrastructure - The Electronic Communications Code provides rights for operators to install and maintain apparatus, subject to agreements with landowners and dispute mechanisms. Local planning rules via Aberdeen City Council govern masts, cabinets, and signage under the Town and Country Planning Scotland Act 1997 and associated regulations.

Public sector transparency - The Freedom of Information Scotland Act 2002 applies to Scottish public authorities, including many in Aberdeen. Media and citizens can request information, subject to exemptions. The Scottish Information Commissioner regulates FOI compliance.

Criminal communications and speech - Communications offences exist under UK legislation and Scots criminal law. The Hate Crime and Public Order Scotland Act 2021 introduces stirring up hatred offences with specific thresholds and defences. Legal advice is recommended before publishing potentially high risk content.

Frequently Asked Questions

What counts as defamation in Scotland?

Defamation is a false statement presented as fact that causes or is likely to cause serious harm to the reputation of a person or, in certain cases, a business. The 2021 Scottish Act includes a serious harm test, defences such as truth, honest opinion, and public interest, and a 1 year time limit to sue from the date of publication. Public authorities cannot bring defamation claims.

Can I record a phone call or meeting in Aberdeen without telling the other person?

If you are a participant, recording for your own personal use is generally lawful. Sharing the recording or using it for business purposes engages data protection and privacy laws and may require a lawful basis or consent. Intercepting communications that you are not a party to is unlawful. Employers face stricter rules for monitoring and must provide clear notices and safeguards.

Do I need consent to use someone’s image in marketing?

There is no general model release law, but using a person’s image for commercial endorsement without permission can risk claims for passing off, privacy or data protection issues, and complaints under the ASA rules. For editorial or journalistic use, freedom of expression may justify publication, but you should still assess privacy, children’s rights, and context. Written releases are best practice for advertising and promotional uses.

What are the rules on cookies and email marketing?

Non-essential cookies require prior consent under PECR, which means a clear, specific choice before setting most analytics and advertising cookies. Email or SMS marketing to individuals generally requires opt-in consent, with a limited soft opt-in for existing customers. Every message must identify the sender and include an easy opt-out. UK GDPR applies to any related personal data processing.

How do I handle reporting on criminal cases in Aberdeen?

Once proceedings are active, strict liability contempt rules apply. Avoid publishing material that creates a substantial risk of serious prejudice, such as prior convictions, confessions, or character attacks. Respect statutory anonymities, including for sexual offence complainants. If in doubt, seek urgent legal advice and check for reporting restriction orders.

I received an ASA complaint about my ad. What should I do?

Respond promptly and transparently. Pause the campaign if there is a significant risk of breach. Provide evidence to substantiate claims, ensure targeting and age gating are robust for restricted products, and review disclosures for influencer content. If the ASA upholds a complaint, amend or withdraw the ad and implement compliance training and pre-clearance processes.

Do I need an Ofcom licence for an online radio station or podcast?

Internet-only radio and podcasts generally do not need an Ofcom broadcast licence, but they must comply with applicable laws and may need music licences from rights organisations. Terrestrial or DAB services require Ofcom licensing and compliance with the Broadcasting Code. Always assess platform terms, advertising rules, and music rights before launch.

How can I get defamatory or harmful posts removed?

Preserve evidence with screenshots and URLs. Send a clear notice to the publisher and the platform identifying the unlawful content, why it is unlawful, and the remedy sought. Many platforms have defamation or privacy reporting channels. Consider a legal letter of claim and, where necessary, court orders. Search engine delisting may be available where content is unlawful or outdated under UK data protection principles.

Who owns copyright in commissioned creative work?

By default, the creator owns copyright unless they are an employee acting in the course of employment. Commissioners do not automatically own copyright. Use written contracts to assign or license rights, address moral rights waivers or credits, set usage scope and term, and deal with third party rights such as music, fonts, and stock images.

What does the Online Safety Act mean for my platform or app?

Services that host user-generated content or enable user interaction may need to assess and mitigate risks, implement reporting and takedown, protect children with proportionate age-appropriate measures, and publish transparency information. Ofcom guidance and codes underpin compliance, and there are potential criminal and civil penalties for failures. Mapping your service type, features, and user base is the starting point.

Additional Resources

- Ofcom - UK regulator for broadcasting and electronic communications, licensing, the Broadcasting Code, and Online Safety enforcement.

- Information Commissioner’s Office - UK data protection and PECR regulator, guidance on cookies and direct marketing.

- Advertising Standards Authority - Self-regulatory body for ads, CAP and BCAP Codes, influencer guidance, and complaints resolution.

- IPSO and Impress - Press regulators offering complaints mechanisms and editorial standards for member publishers.

- Crown Office and Procurator Fiscal Service - Prosecutions in Scotland and guidance on contempt and media engagement.

- Scottish Courts and Tribunals Service - Information on court processes, reporting restrictions, and access to proceedings.

- Scottish Information Commissioner - Regulator for Freedom of Information Scotland Act requests and appeals.

- Aberdeen City Council - Local planning and licensing for advertising signage, filming, and telecoms infrastructure.

- PRS for Music and PPL PRS - Music rights and public performance licensing relevant to broadcast, streaming, and venues.

- British Board of Film Classification - Classification and age ratings for films, video works, and certain online content.

Next Steps

- Do a quick risk triage - identify what has been published or planned, who the audiences are, and any imminent deadlines or broadcasts.

- Preserve evidence - save originals, screenshots, server logs, and publication timestamps. Do not delete material without advice, as it can complicate legal strategy.

- Pause high risk activity - hold publication or campaigns that may breach the law or codes until you receive advice, especially in live court reporting situations.

- Gather documents - contracts, scripts, briefs, approvals, correspondence, platform policies, analytics data, and any prior complaints or takedown notices.

- Map your regulatory scope - determine whether Ofcom rules, the Online Safety Act, ASA codes, UK GDPR, and PECR apply to you and in what capacity.

- Consider limitation periods - defamation actions in Scotland generally have a 1 year time limit. Other claims have different time limits, so seek timely advice.

- Engage a specialist - instruct a communications and media law solicitor experienced in Scots law and UK regulatory practice. Ask for rapid interim advice if the matter is urgent.

- Implement compliance workflows - approvals, fact checking, rights clearances, data protection impact assessments, safety risk assessments, and post-publication monitoring.

- Train your team - editors, marketers, presenters, moderators, and community managers should understand contempt risks, ad disclosures, and privacy rules.

- Plan crisis response - prepare template statements, escalation paths, and legal sign-off procedures for complaints, takedowns, and regulatory investigations.