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Media coverage during ongoing investigations – How to protect yourself effectively

Official investigations regularly place considerable material and psychological strain on those affected. If these investigations attract public attention, there is an additional risk of damage to reputation. Those affected can protect themselves against this.

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The activities of the investigating authorities

The days when investigative authorities carried out their work quietly and behind closed doors seem to be over. On the contrary, ongoing investigations are regularly made public. This can be done through official announcements by the authorities. It is often argued that investigative activities are communicated publicly so that citizens can gain insight into the tasks and measures taken by the authorities. The aim is to build trust and appreciation for state institutions.

Leaked information

However, it also happens time and again that information from investigation files becomes public without official notification. It is leaked. Journalists then know about upcoming searches and position themselves at the search location before the authorities arrive. It is not uncommon for the person who filed the complaint to pass on the information to journalists in order to further their own goals. Those affected then learn the details from investigation files or indictments through the media without having been informed of the measures by the authorities beforehand. With luck, journalists will give them the opportunity to comment shortly before publication. They then expect a response within a few hours, thus increasing the pressure.

The pressure on those affected increases

Those affected are often taken by surprise in such situations and feel pressured. But it doesn't have to be that way: if you are aware of ongoing investigations, it is advisable to consider protecting your own reputation in addition to seeking the necessary legal expertise. After all, an acquittal or the discontinuation of an investigation is only half as useful if your reputation has been ruined in the process.

Preparation for media inquiries and legal claims

It makes sense to prepare the facts internally to such an extent that you can respond immediately in the event of a short-notice journalistic inquiry. It is important to note that statements can have an impact on subsequent legal protection: they can enable it, but they can also prevent it. In rare cases, preventive legal protection is possible.

In their communication with the public, authorities—like journalists—must take into account the rights of those affected. In the event of a violation, those affected have recourse to legal action. This can lead to official liability. Media coverage of ongoing investigations is generally only permitted in the context of reporting on suspicions. It is subject to special conditions that must be observed. These conditions also serve to protect those affected in the event of an investigation.

If, as the person affected, you are nevertheless surprised by a press inquiry, there is always the option of extending the deadline for a statement. In the best case scenario, this will buy the person affected valuable time to get the situation under control.
 
Conclusion: When aware of official investigations, those affected should always protect their own reputation at an early stage in their defense strategy. Even before any reports are published, communicative measures can be taken to set the course for protecting one's reputation—also from a legal perspective. Those affected who learn of the investigations through official measures or media reports should remain calm, gather information, and gain control over the interpretation of events. Enforcing legal claims can be a means of choice here—for example, orchestrated with the right communication strategy.

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