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IPSO arbitration procedure
If you have been defamed in the press, had your privacy breached, or if you have been harassed by a journalist or photographer then we may be able to assist you in using arbitration as an alternative to conventional legal action.
The Independent Press Standards Organisation (IPSO) Arbitration procedure is an alternative dispute resolution system which was introduced in 2016.
How the IPSO Arbitration Procedure works
In an arbitration an independent third party (in this case a specialist IPSO-approved barrister) is appointed to adjudicate on a dispute between two parties.
The scheme can only be used in relation to complaints against participating publications. A full list can be found here. The list includes The Daily Mirror, the Daily Express, The Daily Telegraph, The Times, The Daily Mail, The Sun and the Press Association. The list does not include The Guardian or The Independent.
Publications are under no obligation to arbitrate – both parties must agree to formally start the process. If agreement is reached the case is transferred by IPSO to the Centre for Effective Dispute Resolution (CEDR).
The parties are required to lodge written submissions setting out their positions.
The case will then be allocated an arbitrator, who may require further evidence to be submitted or documents to be disclosed.
The arbitrator will make an early determination on the core issues. This is called a ‘Preliminary Ruling’. IPSO aims for this to be done within 30 days of the arbitrator being appointed. The matter will then be put on hold for 21 days to give the parties an opportunity to try and reach a settlement (taking into account the Preliminary Ruling). Where this is not possible, a party can ask that the matter proceed to a Final Ruling. The Final Ruling is binding on the parties.
There will not normally be an oral hearing (and will never be one unless both parties agree). The arbitrator’s decision will usually be based solely on written documents.
Complaints must normally be brought within one year of the alleged wrongdoing.
What are the possible IPSO outcomes?
The arbitrator may:
- Award compensation up to a maximum of £60,000;
- Require the publisher not to re-publish the offending content;
- Require the publisher to remove the offending content from its website (and/or use all reasonable endeavours to seek the removal of the information from third party websites);
- Require the publisher to destroy the relevant material;
- Require the publisher to desist from the conduct complained of; and/or
- Require the publisher to publish a summary of his/her ruling; or
- Dismiss the complaint.
When parties agree to arbitrate they agree that any decision of the arbitrator will be binding. This means that it will not normally be possible for either party to disregard the decision, reargue the matter in court or bring a claim based on the same facts.
Arbitration fees
A complainant’s contribution to the arbitrator’s fees are modest – as low as £50 (the publisher pays a much higher share). If you instruct a lawyer these fees will be significantly more, although they may be recovered from the publisher in the event of the complaint being upheld or a settlement being reached.
A publisher will not normally be able to recover any of their costs from unsuccessful complainants, unless a claim has been deemed to be wholly without merit, trivial, frivolous or vexatious. A complainant may also be required to pay some of the publisher’s costs if he/she withdraws from an arbitration.
Related Services
- defamation
- Defamed by the press
- Defamed on social media
- Defamed on television, radio or podcasts
- Defamed on X/Twitter – Twibel
- Defamed on TikTok
- Wrongly circulated as wanted by the media or on social media
- Defending a defamation claim
- IPSO press complaints
- Responding to a request for comment by the media
- Inaccurate information on due diligence databases
- Norwich Pharmacal Orders – Identifying the Anonymous
- Privacy, Harassment and Defamation Injunctions
- Defamed on Facebook
- Defamed on YouTube
Recent Reported Cases
How do I instruct Brett Wilson?
The first step is to attend a preliminary consultation. At the consultation we will advise you on the strength of your case, talk through the relevant practical and legal issues, and set out your options. We will review relevant documentation ahead of the consultation. The consultation will help you understand your position and allow you to make an informed decision about what action to take.
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Consultations take place in our London offices or by Teams/Zoom/telephone. We can also travel to you.
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To request a consultation please send us an email, complete our online enquiry form or call us on 020 7183 8950.
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Details of the cost of a consultation will be provided following your enquiry.
We regret that we are unable to review your case, consider papers or provide advice prior to a consultation or without being formally instructed. We do not offer alternative funding arrangements.
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