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Communications and media law covers how information is created, edited, distributed, and monetised across print, broadcast, telecoms, and online platforms. In Stonehaven, which sits within Aberdeenshire and under Scots law, the legal framework blends Scotland specific court rules with United Kingdom wide statutes and regulators. The same core issues that affect national newsrooms and tech platforms often arise for local publishers, creators, podcasters, influencers, community radio, production companies, and businesses that advertise online. Typical topics include defamation, privacy and data protection, online safety, advertising standards, broadcasting compliance, telecoms regulation, intellectual property, and contempt of court when reporting on live cases.
Regulators such as Ofcom oversee broadcasting, video sharing platforms, and telecoms. The Information Commissioner regulates data protection and cookies. The Advertising Standards Authority oversees non broadcast and broadcast advertising codes. Press regulation is voluntary through IPSO or IMPRESS. Courts in Scotland issue interdicts, reporting restriction orders, and deal with defamation and privacy claims, with the Court of Session in Edinburgh handling many media disputes. Local considerations in and around Stonehaven can include filming permits on council managed land or roads, drone use near heritage sites and the coast, and planning or wayleave issues for telecoms infrastructure.
You may need a communications and media lawyer if you receive a legal letter alleging defamation, privacy intrusion, malicious publication, or harassment arising from an article, post, video, review, or broadcast. Pre publication review is often essential for investigative pieces, court reporting, or sensitive topics that might trigger reporting restrictions or contempt risk. Creators and agencies often seek advice on influencer marketing rules, disclosures, native advertising, and substantiation of claims. Broadcasters and podcasters may need help meeting Ofcom rules on harm and offence, due accuracy, fairness, elections coverage, or product placement.
Businesses in Stonehaven may require advice about data protection compliance, cookies, children’s privacy, the UK Children’s Code, and the Online Safety Act duties if they operate user to user or search services. Telecoms issues can include disputes over mast sites, wayleaves under the Electronic Communications Code, or customer rights in mis selling and switching. Production teams need clearance for music, footage, and locations, as well as contributor agreements and releases. Journalists and editors might need rapid response for takedown requests, interdict applications, or defending urgent injunction style moves from opponents. Where public bodies are involved, Freedom of Information requests and appeals under Scotland’s FOI regime may call for legal support.
Defamation in Scotland is governed mainly by the Defamation and Malicious Publication Scotland Act 2021. A claimant must show serious harm to reputation, and for bodies trading for profit this means serious financial loss. The Act provides a single publication rule, modern defences of truth, honest opinion, and publication on a matter of public interest, and a one year time limit to raise proceedings, subject to limited judicial discretion. Interdict is the Scottish equivalent of an injunction, including interim interdict for urgent relief such as takedown orders.
Privacy and misuse of private information are developed by United Kingdom case law and apply in Scotland. Breach of confidence may arise where information has the necessary quality of confidence and is misused. Harassment is regulated by the Protection from Harassment Act 1997. Data protection is set by UK GDPR and the Data Protection Act 2018, enforced by the Information Commissioner. Cookies, direct marketing, and electronic communications are covered by the Privacy and Electronic Communications Regulations, including consent and transparency rules.
Contempt of court applies strictly in Scotland. The Contempt of Court Act 1981 and common law contempt prohibit substantial risk of serious prejudice to active proceedings. Automatic and court ordered reporting restrictions can protect victims of sexual offences, children and young persons, and the fairness of trials. The Crown Office and Procurator Fiscal Service may issue guidance or warnings. If you report on cases heard in Aberdeen Sheriff Court or the High Court of Justiciary, specialist legal checks are prudent.
Communications offences include the Communications Act 2003 section 127 and the Malicious Communications Act 1988. The Online Safety Act 2023 introduces new offences and creates Ofcom oversight of certain online platforms, with duties relating to illegal content, user safety, and protection of children. Hate Crime and Public Order Scotland Act 2021 contains stirring up hatred offences that can apply to online communications.
Broadcasting and on demand services are regulated by Ofcom and the Broadcasting Code, including rules on harm and offence, due accuracy and due impartiality, elections and referendums, product placement, and protection of under 18s. Video sharing platforms established in the United Kingdom have specific safety duties under UK rules implementing audiovisual media standards. Advertising is regulated by the CAP Code for non broadcast and the BCAP Code for broadcast, enforced by the Advertising Standards Authority. Press standards are overseen by IPSO or IMPRESS depending on publisher membership.
Telecoms networks and services are regulated under the Communications Act 2003. The Electronic Communications Code grants operators certain rights to install and maintain apparatus, affecting wayleaves and site agreements. Consumer protections for switching, contract transparency, mid contract price rises, and complaints handling are set by Ofcom with alternative dispute resolution through approved schemes. Planning for masts and street works is handled by local planning authorities such as Aberdeenshire Council, subject to Scottish planning law and permitted development rules.
Freedom of information in Scotland is governed by the Freedom of Information Scotland Act 2002 and the Environmental Information Regulations Scotland 2004. The Scottish Information Commissioner oversees compliance. For filming in public places, the Civic Government Scotland Act 1982 and local byelaws may apply, along with road permits, traffic management, and permissions for drones governed by the Civil Aviation Authority rules. Local authority property and historic sites around Stonehaven may require location agreements and special conditions, especially where safety or conservation issues arise.
A statement is defamatory if it tends to lower a person in the estimation of ordinary reasonable people. Under the 2021 Act a claim requires serious harm, and for profit making bodies this means serious financial loss. Defences include truth, honest opinion, and publication on a matter of public interest. Context, meaning, and whether you took reasonable steps to verify are crucial.
There is generally a one year time limit from the date of publication to raise court proceedings in Scotland, with limited scope for the court to allow late claims. The single publication rule means the clock usually runs from first publication, not each click or download. Early legal advice is important because pre action correspondence and negotiation can take time.
Scottish courts can grant interim interdicts on an urgent basis if you show a prima facie case and that the balance of convenience favors an order. Evidence, prompt action, and a clear remedy request are key. Defendants can seek to vary or recall an interim order, and the court will consider freedom of expression as well as the alleged harm.
Yes. The same laws on defamation, privacy, contempt, and data protection apply regardless of size. If you post advertorial content you must follow the CAP Code and consumer protection law. Disclosures such as ad, gifted, or affiliate must be clear and prominent. Having robust moderation, takedown processes, and fact checking helps manage risk.
Once proceedings are active there are strict contempt rules. You must avoid publishing material that creates a substantial risk of serious prejudice. There are automatic restrictions that protect complainants in sexual offence cases and protections for children and vulnerable witnesses. If in doubt, seek legal advice before naming individuals or discussing evidence.
You may need permission from Aberdeenshire Council for filming on council managed land, roads, or facilities, and from private landowners for their property. Drone use requires compliance with Civil Aviation Authority rules and any local conditions. Productions typically need public liability insurance, risk assessments, and location agreements that address copyright, privacy, and noise or traffic impacts.
You will usually need permission from rights holders. Copyright protects music, sound recordings, photographs, video, and artwork. Licences can be obtained from collecting societies and individual rights owners. Fair dealing exceptions are narrow and fact specific. Clearance for logos, trademarks, and performances may also be required, and releases are prudent for identifiable contributors.
UK GDPR and the Data Protection Act 2018 require a lawful basis for processing, transparency through privacy notices, and security measures. Cookies and similar technologies generally require consent unless strictly necessary, with clear information about their use. If your service is likely to be accessed by under 18s, the UK Children’s Code requires high privacy by default and child centric design.
Acknowledge the complaint promptly, preserve all records, and review the relevant Code provisions. For Ofcom, ensure you have scripts, logs, and editorial decision notes. For the ASA, gather substantiation for claims and evidence of proper ad disclosures. Engage with the process professionally and seek advice early, especially if there is potential for broadcast sanctions or upheld rulings.
You should use the provider’s complaints process first. If unresolved after eight weeks or you receive a deadlock letter, you can take the case to an Ofcom approved alternative dispute resolution scheme. Consumer laws on unfair terms and misrepresentation may also apply. Keep detailed records of sales calls, bills, and correspondence.
Ofcom, the United Kingdom communications regulator that oversees broadcasting, on demand, video sharing platforms, spectrum, and telecoms. Ofcom also administers the online safety regime created by the Online Safety Act and approves telecoms dispute resolution schemes.
Information Commissioner’s Office, the United Kingdom regulator for data protection, privacy, cookies, and the Children’s Code. The ICO provides guidance, registration information for controllers, and enforcement decisions.
Advertising Standards Authority, the independent regulator for advertising that applies the CAP Code for non broadcast and the BCAP Code for broadcast across the United Kingdom, including influencer marketing rules.
IPSO and IMPRESS, independent press regulators that handle complaints and standards for member publishers, including local and digital titles.
Scottish Courts and Tribunals Service, which provides information about the Court of Session, High Court of Justiciary, and Sheriff Courts that hear media and communications related cases in Scotland.
Crown Office and Procurator Fiscal Service, which prosecutes crime in Scotland and issues guidance relevant to media reporting and contempt risk.
Scottish Information Commissioner, the independent body overseeing the Freedom of Information Scotland Act and the Environmental Information Regulations in Scotland.
Aberdeenshire Council, the local authority for Stonehaven that manages filming permissions on council property, events approvals, traffic orders, and planning applications relevant to media and telecoms infrastructure.
Phone paid Services Authority, the United Kingdom regulator for premium rate services, subscription text services, and related advertising and billing standards.
Ombudsman Services Communications and CISAS, Ofcom approved alternative dispute resolution schemes for unresolved consumer telecoms complaints.
Law Society of Scotland, the professional body for Scottish solicitors that provides a find a solicitor service and guidance on choosing a practitioner with media and communications expertise.
Identify your objective and risk. Decide whether you need to publish safely with pre publication advice, remove or correct content, seek an interdict, defend a complaint, or respond to a rights request. Clarifying the goal helps your lawyer move quickly and cost effectively.
Preserve evidence. Take dated screenshots, export logs, keep copies of scripts and rushes, retain correspondence, and note timelines. Do not delete posts or emails unless advised, since courts often expect preservation and audit trails.
Assess urgency and deadlines. Defamation claims in Scotland are subject to a one year time limit. Contempt, data breaches, and takedown threats can be urgent. Election periods and live trials heighten risk and accelerate timetables.
Map the issues to the right regime. Consider Ofcom codes, ASA rules, UK GDPR, CAP or BCAP, the 2021 defamation framework, contempt and reporting restrictions, the Online Safety Act, telecoms consumer rights, and FOI rules. A lawyer can triage across these regimes.
Gather key documents. Prepare draft or published content, complaint letters, any right of reply offered, contracts or releases, insurance policies including media liability or legal expenses, and company policies on moderation, data protection, and escalation.
Choose a Scottish solicitor with communications expertise. Look for experience with defamation, privacy, contempt, platform liability, advertising standards, and broadcasting compliance. Ask about urgent injunction work, regulator engagement, and costs. Consider counsel input where strategic or urgent.
Consider resolution options. Corrections, clarifications, edits, demotion, geoblocking, or right of reply may defuse disputes. For complainants, a proportionate letter before action that sets out meaning, harm, and remedy sought can lead to settlement. Mediation can be effective.
Plan compliance improvements. Build checklists for court reporting, adopt an editorial policy, train staff on CAP disclosures, set up data retention and DPIA processes, and maintain a takedown protocol that aligns with freedom of expression and platform policies.
Use public resources. Guidance from Ofcom, the ICO, the ASA, and the Scottish Information Commissioner can resolve many questions early. Aberdeenshire Council can advise on filming permissions, roads, and events planning in and around Stonehaven.
Act early. Timely advice can prevent publication mistakes, reduce legal exposure, and preserve defences. If in doubt about a story, a campaign, or a post, seek a pre publication review before it goes live.
