Named after singer and celebrity Barbra Streisand, the Streisand Effect is a term used to describe the phenomenon of certain information or pieces of media gaining widespread traction after legal action is taken to suppress it.
In 2003, Barbra Streisand took legal action against a photographer, demanding that he remove aerial photos of her home in Malibu, California. Before the litigation commenced, the photograph had attracted very little public attention. However, the legal proceedings themselves generated significant publicity, causing the image to gain widespread exposure and resulting in increased sharing, access and downloads.
In cases where defamatory content is published about an individual, there is no bigger desire than for it to be removed as soon as possible in order to eliminate the chances of someone viewing it and being misled in their opinion. However, in taking legal action for defamation or privacy reasons, several factors must be considered, including:
- The type of publication – is it a social media post or an article on a website?
- The poster – did the post originate from the person making the defamatory statements, or did they submit it to a third-party platform (e.g., forums, websites that take submissions for publications). Who is the main party to write to when requesting for the content to be taken down?
- The content itself – was the defamatory content in question the central focus of the post? Or was it mentioned in passing as accessory or supporting evidence to a different statement (and how is it relevant to you)?
In situations where the platforms, websites, or forums have heavy digital traffic and a lot of viewers, trying to suppress something can often result in more attention being drawn to it. This may therefore render the defamation action pointless.
Essentially, the more you try to suppress certain pieces of information, the more the aspect of “censorship” compels people to go out of their way to uncover the information to satisfy their own curiosity. Defamation proceedings pursued without careful consideration may not only escalate the dispute and create a more adversarial relationship between the parties, but could also result in a worse outcome than before legal action was commenced, as demonstrated by the so-called “Streisand effect”.
Avoiding the Streisand Effect
If the defamatory content is minor, or only mentioned in passing, not engaging with the content and letting it fade from public attention is often the most constructive course of action, particularly if there is little chance that the post will gain a lot of traction in the future.
However, in the event that there is a chance of the post being circulated in the future, discreet legal action could be considered to avoid immediate media or public attention. That said, generally speaking, legal threats are not encouraged; rather, you should engage in constructive and open dialogue with the poster and suggest any corrections to be made to the posts.
It is important to bear in mind that hostility towards posters or website providers may trigger severe public criticism of the content. There have been instances where some users or website providers re-published the letter of claim on their website immediately upon receipt. This has the effect of further tarnishing the victim’s reputation and causing irreparable harm.
For example, where the content relates to a news article based on inaccurate or misleading information, a formal email can be sent to the publisher outlining the inaccuracies and providing supporting evidence for review. This may allow the publisher to correct the errors, update the article or, where appropriate, remove it entirely.
It is also crucial to be specific and accurate in your claims, and set out exactly what you believe to be defamatory and harmful. Any request for correction or removal should be clearly defined and specific. It should identify the precise wording, phrases or statements being challenged, together with a reasonable deadline for the requested action to be taken. In general, supporting evidence should be provided to strengthen your claim and aid the publisher’s understanding of the truth.
If you believe you have experienced the “Streisand Effect”, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online to discuss your case.