What is the Streisand Effect in privacy cases?

The so-called Streisand Effect is named after a case brought by Barbara Streisand against a photographer, who took and published photographs of her coastal home in California. She brought a breach of privacy claim against the photographer (who claimed he had been documenting coastal erosion), seeking the removal of the images from publication. 

Once the claim came to court, the images Ms Streisand was seeking to suppress became the subject of newspaper reports, the overall effect being that far more people viewed them (and therefore became aware of the location of her property) than had ever viewed the coastal erosion images. 

The term Streisand Effect has become well known in breach of privacy and other types cases, to describe a situation where trying to suppress information has the opposite effect to what was intended.

How Breach of Privacy cases can backfire

There are various ways in which claims can fall foul of the Streisand Effect, and have completely the opposite outcome than the claimant intends. For example:

• attempts to block the publication of a news item can mean the story becomes far more newsworthy than would otherwise be the case;
• claims to remove or amend negative reviews can mean the reviews themselves are read far more widely than if they were only published on their original platform;
• celebrities who attempt to block the publication of material about themselves can quickly find their court action is far more widely reported in the press than the information they were seeking to suppress; and
• companies trying to take action against hackers to block the release of sensitive information, may simply draw attention to the information they wish to remain private. 

The proliferation of blogs, social media platforms such as Reddit and Substack, and more vigilance surrounding any perceived attacks on freedom of speech, mean breach of privacy cases are fertile ground for bloggers and others who are driven to share information as widely as possible with others. For individuals who abhor any form of censorship whatsoever, attacking claimants in breach of privacy cases can even be regarded as a sport, particularly where it can be monetised.

Bringing breach of privacy cases anonymously

In cases where the claimant is at significant risk of further harm, it is possible to bring a breach of privacy claim anonymously. The anonymisation of claims can happen in the following circumstances:

• claimants where their identity being revealed would cause significant further harm, such as where the claimant has been subjected to threats and blackmail;
• where the person whose identity is being protected is a child;
• if the case involves the publication of false information, the claimant's identity could be anonymised to prevent further harm; and
• where identifying the claimant would render the whole case pointless, because keeping their identity secret is the whole point of a claim.

There are various ways in which proceedings can be anonymised:

• Under CPR r39.2(4) the court has the power to make an anonymity order, if such an order is sought by a claimant;
• Reporting restriction orders can be imposed by the court, to prevent the press or any third party from publishing material about a case whilst it is ongoing;  (RRO): This prohibits the press or anyone else from publishing the identity of the parties, which may be paired with an anonymity order;
• If there is some information which is confidential and some which is not, the confidential part can be included in a confidential schedule in court documents, which cannot be accessed by the public; and 
• Super-injunctions can be imposed, preventing any reporting at all about a case, but these are very rare. 

Need legal help with a breach of privacy case?

If your privacy has been breached, and you want to bring a claim for compensation, our legal experts will be able to help. We will consider with you at a very early stage whether your claim will bring the Streisand Effect into play, and we will be able to assist you with anonymising your claim, if appropriate. 

We understand that the last thing you want to do is draw more attention to the private information which has been published about you, which is why it is important to take legal advice from an expert at an early stage about how to handle your claim.

Modern methods of communication can mean you are faced with the seemingly impossible task of cleaning up your profile online, but we have many years of experience in this area, and we will be able to assist. 

Contact us today to find out what steps you can take to bring a claim for damages for breach of privacy.