Online Content Removal Lawyers
Welcome to PAIL® Solicitors, where empowering and protecting individuals and businesses from defamation, harassment, cyber-mobbing, or trolling quickly and successfully is our utmost priority across the globe.
Online content removal is a complex and often lengthy process. Attempting to remove content on a low budget is like trying to empty the ocean with a bucket. In cases where the parties responsible for the content are anonymous, along with other challenges such as jurisdictional issues, removing content becomes a significant task that demands resources, expertise, time, and effort. Any process involving court proceedings can be costly. It’s advisable to seek an initial assessment of your chances of success before entering into legal proceedings. The cost of this opinion could save you from incurring substantial wasted expenses later on.
DELETE THIS, MANAGE THAT! – How Do You PROTECT YOUR DIGITAL FOOTPRINT?
We undertake the removal of all online libellous, malicious falsehood and otherwise unlawful content from a single website for a fixed fee quotation as follows:
removing articles from social media online
stopping cyberbullying and online harassment Including taking down fake social media profiles (including Linkedin, and web domains)
removal of photos copied without permission and published
Deletion of URLs
removal of false damaging reviews
So that we maintain our high success rate, we only take on online content removal and harassment cases that meet the following specific criteria:
Statements must be false or partly false
Clear stated objectives
Availability of evidence and
Importance to client
If you do not fulfil at least one of those criteria you should not proceed. You must have evidence that the postings about you are false, not genuine, out of date, (no longer in the public interest) or are maliciously motivated.
The fees we charge are calculated on :
the number of websites that contain unwanted content
the number of URLs; and
the number of people involved both victims and perpetrators.
The work for the fixed fee would entail:
Issuing take-down notices to the relevant website and internet service provider and all correspondence
Issuing take-down notices to the person or persons responsible for the reviews and all correspondence
Issuing & serving claim and injunction application.
Receiving, reviewing and advising on replies.
There is a basic fee for the removal of content but additional fees are added due to factors mentioned above.
Please note that in 75% of cases A to D is enough to achieve content removal.
Our methods are generally very successful.
However, we cannot guarantee that all parties notified shall remove content with A to D alone. We cannot guarantee that parties shan’t be foolish and repost any removed content. Reposting could happen during the tenure of our activity or afterwards.
The fee is payable in two stages:
Step One - A & B
Step Two - C & D
If A to D solves the issue then there will be no further fees payable after the first payment.
The timescale for the content removal is usually three to six months but it can take longer if there is court dispute.
We can represent you to finish all court proceedings, should you so wish, and subject to agreeing on fixed fees.
You cannot unilaterally decide not to proceed once you have entered into an agreement for us to provide the service.
Common Questions and Answers
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PAIL® Solicitors specialises in removing online libelous content, malicious falsehoods, and unlawful materials from various platforms, including social media. We address issues like cyberbullying, fake profiles, unwanted photos, and false damaging reviews.
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We only take on cases that fulfil specific criteria, including the requirement that statements are false or partly false, the presence of clear stated objectives, availability of evidence, and the importance of the case to the client. If you cannot meet at least one of these criteria, we do not recommend proceeding.
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Our process entails issuing take-down notices to relevant websites and service providers, as well as to the individuals responsible for the content. We manage all necessary correspondence and can represent you through any required court proceedings.
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Our fees are calculated based on the number of websites containing unwanted content, the number of URLs involved, and the number of individuals related to the case. We provide a fixed fee quotation for removal from a single website, but we may add additional fees depending on the complexity of the case.
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The typical timeframe for content removal is between three to six months. However, the process may take longer if there are court disputes or complications.
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While our methods are generally effective, we cannot guarantee complete success in every case. There is a possibility that some parties may not follow through with the removal, or may even repost content after it has been removed. If our initial actions resolve the issue, no further fees will be incurred after the first payment.
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Once you enter into an agreement for our services, you cannot unilaterally terminate the process. It is crucial to thoroughly understand the potential outcomes and the commitment involved before deciding to proceed with us. We encourage discussing any concerns upfront to ensure clarity on your case.
Which Online Content can we Help you Remove?
1. Private personal data that may lead to identity theft
The Google Service Agreement protects the personal data of every user. Personal data includes information such as signatures, bank account details and credit card information. False information that damages the reputation of a business or a person can also be removed, as can publications that constitute harassment in that they misuse private information or cause distress.
3. Sexually explicit information
Sexually explicit information includes audio and visual content that relates to or describes sexual conduct. In fact, any communication, language or material referring to sexual intercourse, sexual abuse, the genitals or pubic area of a person is sexual explicit information. It includes private nude content which was mistakenly made public, sexual content involving minors, or non-consensual publicised sexual content.
2. Information falling under the right to erasure
Under Article 17 of the UKGDPR, every person has a right to have their information 'forgotten'. One can make an oral or written request for the enforcement of this right. Even so, this right is not absolute. It applies under certain circumstances, including when:
- an individual withdraws their consent to the use or processing of data; or
- the original purpose of the data collection has lapsed; or
- the data related to services offered to a child.
The UK Courts in 2018 set out the limits of the Right To Be Forgotten concerning UK citizens. In (1) NT1 & (2) NT2 v Google LLC [2018] EWHC 799 , two individuals identified as NT1 and NT2 challenged Google to remove information relating to their prior convictions. The High Court held that conviction information on NT2 was no longer related to his current business and ordered Google to erase this information. NT1 had been convicted of false accounting and still dealt in the accounting business, and, as such, the information on his conviction was still essential to people engaging with him in business; the Court denied his request.
From these cases, it is evident that the right to erasure may, therefore, be limited when the published information is of public interest.
How to Remove Damaging Online Content ?
The complexity of removing the content depends on the methods used. The methods used will depend on the specific circumstances and facts of the case. Our techniques include
1. Deleting Information at the Source
Deleting the information at the source is a simple process of elimination. It works effectively when the wrongdoer posts the online content from their own controlled site. Where the wrongdoer posts harmful content on a third party site, it is more complicated. Removal is subject to the terms and conditions and the third party, and their cooperation is required, especially where the wrongdoer's identity is withheld. Consequentially pre-action disclosure or US District Court Subpoena applications are often required.
3. Cease and desist letters
When someone posts your nude photos or videos online, when images portray underage nudity or sexual abuse, or when there is an evident violation of the Google terms of service, you can flag the content or submit a form requesting the removal of the content. Acting promptly in these situations ensures that there is a prompt arrest of the violation.
The cease and desist letter details that civil action will follow if the other party fails to comply with the demand to remove the content. During the removal of online content, an ineffective cease and desist letter can lead to the Streisand Effect , as such, it is essential to contract the services of legal specialists.
5. Submitting Content Removal Requests and Flagging the Terms of Service
Cease and desist letters are formal demand letters that request the party violating your rights to take down the harmful content. When drafted well, it is a quick means of resolving disputes relating to digital data.
As online content removal experts, our goal is to ensure the protection of Users in online spaces. We combine different methods of data deletion and recovery as required. In addition to these, we can initiate legal action to help you recover damages where appropriate.
2. Getting Court Orders
Court orders are the most effective way of ring-fencing the offender's activities because they can be applied to the person and not just the content so they can't repost on new sites.
We are experts in digital reputation management , data protection, defamation and harassment and Intellectual property law. We use our expertise in the practice areas aforementioned to bring relevant claims, including injunction orders.
4. DMCA Notice and Takedowns
At Pail , we help digital content creators protect their copyright globally. DMCA procedures are pinned on the guidelines set out in the Digital Millennium Copyright Act (DMCA). The takedowns are effective when your copyright is violated on all major sites, including Facebook, Youtube, Pinterest, Instagram, Twitter, and E-bay.
A DMCA notice is used to remove copyright information owned by you and has been used without your consent and knowledge. A DMCA notice is effective for both personal and corporate protection. For instance, if an agency has used your photographs outside the scope of the license granted you can claim a copyright infringement and file a DMCA claim for its takedown. This process involves identifying the breach, highlighting your evidence, filing the DMCA complaint notice with the relevant host.
Where a DMCA notice has been issued or a YouTube takedown complaint is made against your YouTube Channel, we can help you file YouTube counter-notices.
As online content removal experts, our goal is to ensure the protection of Users in online spaces. We combine different methods of data deletion and recovery as required. In addition to these, we can initiate legal action to help you recover damages where appropriate.
Helpful Online Content Removal Resources
Google Support Personal Content and Product Policies and Removal Requirements.
Remove YouTube Copyright Content. DMCA Takedown Notices: Understanding the Digital Millennium Copyright Act (DMCA) is crucial if the content you're trying to remove infringes on copyright. You can file a DMCA takedown notice with the hosting provider of the content.
Online Platforms’ Policies: Familiarise yourself with the content removal policies of specific platforms, such as Facebook, Google, and Twitter. Each platform has its own process for reporting and removing inappropriate or infringing content.
Information Commissioner’s Office: Be aware of the privacy laws that may apply to your situation, such as the UK and EU General Data Protection Regulation (GDPR), which grants individuals certain rights regarding their online data.
Is there defamation involved in the content you want removed?
International application of website content take-down.
Let’s Get Started!
Did you know that your digital footprint is one of your most essential identifiers today? Your digital footprint determines how well you perform as a business and as an individual in the digital world. A negative digital footprint can adversely affect your digital popularity, which is directly connected to the revenue generated from that popularity, corporate relations, and financial engagements. It is essential to manage your digital footprint for any stakeholder in the digital world monetising digital content through engagement, whether in business mentoring, personal development, health and wellness, lifestyle, or any other industry or media. Our reputation, empowerment, and protection service is specialised, focusing on online defamation and harassment law. Our blog features several up-to-date articles on reputation empowerment. Contact us now for a consultation and begin protecting your reputation!
Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston
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