Below you will find extensive advice on avoiding legal issues in your investigation. For general investigation tips see the posts on the accompanying blog

Defamation and Libel

All users should ensure that material included on the site is fair, accurate and true. We must ensure that material is not defamatory/libellous.

A statement is defamatory if, when said about a person and published to a third party, it would make ordinary people think less of that person.

For a person to sue they must show that the defamatory language was a) used about them, b) that they were identified and c) that the words were published to another, ie. a third party.

It doesn’t matter if you don’t intend the statement to be defamatory; ultimately a jury (or sometimes a judge) will decide what is being said about the individual and whether it has unjustifiably injured their reputation.

Channel 4’s Independent Producer Handbook contains further information on Defamation. Whilst these guidelines are written with a view to defamation within television programmes the issues are largely the same. See:

http://www.independentproducerhandbook.co.uk/53/5a-defamation/key-points.html

Contempt

The law bans websites from publishing any comments or information that might seriously prejudice active legal proceedings. The fear is that a juror might hear or see something outside of the courtroom that might improperly sway them when they are deciding if the accused is innocent or guilty.

Criminal proceedings become “active” as soon as someone is arrested or charged. They stop when the accused has been acquitted or convicted. Civil proceedings (eg libel proceedings etc.) become active when the hearing date is arranged.

A typical example of contempt is publishing the fact that the accused has a previous criminal record while criminal proceedings are active. In most court cases, previous convictions are deliberately withheld from juries as this information would be deemed so prejudicial.

Contempt of court is a criminal offence and carries serious penalties. For these reasons it is unlikely that any investigations about active legal proceedings or that make any reference to active legal proceedings will be acceptable.

Once a person has been convicted, proceedings cease to be active and there is much more scope for commenting on the proceedings or making comments about the convicted person.

Finally, it is worth noting that UK contempt laws only apply to legal proceedings that are taking place in the UK. However, because Help Me Investigate can be accessed virtually anywhere in the world, there is the possibility that content on the site could prejudice proceedings in foreign jurisdictions.

For this reason, you should exclude comments about active legal proceedings no matter where the proceedings are taking place.

Example 1

Someone you know has been arrested and charged for a crime they claim they did not commit and there is a forthcoming trial. You believe they are innocent and you decide to start an investigation to help publicise the person’s innocence. To do this before proceedings are concluded is likely to be problematic and in contempt.

Example 2

One of the people mentioned in your investigation has been arrested and charged and there’s a trial looming. Any comments about the accused man and especially those which touch upon his guilt or innocence are likely to be problematic and should be removed.

In a nutshell:

• Don’t start investigations about active legal proceedings. It is very unlikely they can be published.
• Remove all references to active legal proceedings that could be deemed to be prejudicial, particularly comments that anticipate or prejudge the outcome.
• You can include comments about legal cases once the accused person(s) has been convicted or acquitted but you still need to think about any potential libel risks, especially if the person(s) has been acquitted.

Court reporting

The identities of certain classes of person involved in court proceedings are usually protected by the court e.g. children involved in the courts and the victims of sexual offences. It is a criminal offence to breach such anonymity orders.

Any questions concerning legal proceedings involving children or sexual offences are unlikely to be suitable.

Channel 4’s Independent Producer Handbook contains further information on Contempt and Court Reporting. Whilst these guidelines are written with a view to contempt issues within television programmes the issues are largely the same. See:

http://www.independentproducerhandbook.co.uk/71/5b-contempt-and-reporting-legal-proceedings/key-points.html

Confidence and Privacy

Confidential information is protected from disclosure in law. Disclosure is justified in certain circumstances e.g. if it is in the public interest (exposing crime, corruption, injustice; lies, hypocrisy or misleading claims; protecting public health or safety; disclosing incompetence, negligence or dereliction of duty, dangerous or exploitative behaviour that affects others).

Disclosing confidential information may result in legal action, so you may instead want to consider a whistleblowing or leaking service like Wikileaks.

If you are concerned about your use of the site being picked up, use anonymising services like HideMyAss and Tor, and anonymous email services like Hushmail. More information on anonymity can be found here.

Think very carefully before disclosing information on the site which may be confidential. If in doubt contact us or flag this material when publishing so that it can be premoderated.

Similarly, does anything you are thinking of posting raise privacy issues: does it unwarrantably infringe the privacy of an individual or organisation? Does your question or subsequent posts reveal private personal information? Anything which infringes upon an individual’s private life or relates to the private matters of a company or organisation may be problematic. If you are unsure please contact us or flag any posts so they can premoderated.

Fairness and Accuracy Generally

Investigations and the way they are reported must be accurate and fair. This means:

• Always carefully fact check your work and anything you are considering posting on the site;
• If you are reporting responses to your enquiries (e.g. a phonecall to the council) you must not distort or misrepresent the known views of the respondent. If it is possible to present an unedited version – e.g. a letter, email or audio recording – that will be great.
• If you spot something you think may be inaccurate on the site flag it immediately, so it can be checked by the site’s administrators.
• Considering what the other side of the story might be. There are usually at least two sides to every story. Before considering posting anything which portray an individual or organisation in a negative light look for their side of the story. Have they publicly denied the claim/allegations – or perhaps they have admitted it?

Health and safety

It is your responsibility to anticipate in advance any potential problems or risks that may be involved in investigation-related activities for you and anyone else. If gathering evidence at night, particularly in rural or unknown environments, think about your personal safety. Remember you might be carrying expensive pieces of equipment e.g. camera, mobile phone. In short, use your common sense and avoid danger or risk at all costs.