The media can help 'little guy' hold powerful to account - Kirsteen MacDonald

Last month’s disturbing revelations in Channel 4's documentary Russell Brand: In Plain Sight sent another round of shockwaves via the UK media about the abuse of power involving the rich, famous and powerful within our society.

Prior to the broadcast of the Dispatches programme, which featured the findings of a joint Channel 4 and Sunday Times investigation, Mr Brand took to social media to strenuously deny the allegations of rape and sexual misconduct, and he continues to protest his innocence over this matter. The Metropolitan and Thames Valley Police Forces have confirmed they are now investigating allegations made against him.

Since the story broke, much of the narrative has been dominated by a debate about whether Russell Brand is now a victim of trial by media and “cancel culture” rather than a recognition of the key role good investigative journalism plays in holding the powerful to account.

While it is crucial to make it clear that the Dispatches revelations are only allegations, that should not prevent us from applauding Channel 4 and their Sunday Times counterparts for giving a platform to those who may not otherwise have spoken out. This is the great strength of investigative journalism: giving a voice to people who may feel that, on their own, their voice is not loud enough to confront those who are in a position of power.

Kirsteen MacDonald is founder and director, Mac Media Law

There are many reasons why individuals may not feel confident reporting complaints to the relevant authorities. Often, they may not know that there are others who have had the same experience. Investigative journalism can play a key role in establishing whether there are other individuals out there with similar stories to share. This process can often be extremely time consuming and expensive taking years of painstaking work where legal advice is required at each step. It is however essential that media organisations continue to support this important work.

The power of Scottish investigative journalism came to the fore last month when it was announced that Celtic Football Club would enter negotiations to settle personal injury claims by individuals who were sexually abused by officials operating within Celtic Boys Club.

While Celtic FC deny liability, maintaining it was a separate legal entity from Celtic Boys Club, the abuse which took place within the youth organisation would not have come to light without the forensic investigation conducted by Scottish journalists. This led to criminal proceedings, convictions against perpetrators, and it would now appear victims may obtain compensation.

As this case shows, investigative journalism and criminal proceedings are not mutually exclusive. The former is often the first step in bringing an alleged abuse of power to the public’s attention.

Indeed, defamation law throughout UK jurisdictions recognises the importance of investigative journalism in providing a statutory defence to proceedings on the basis that such reporting is on a matter of public interest. Lawyers representing press and broadcasters must however ensure they can robustly defend the quality and quantity of evidence, as well as the credibility of those making allegations and any discrepancies or inaccuracies of their account, if the defence is to prevail.

What happens next in the Russell Brand case will depend on the police investigation but what can confidently be said is that without the efforts of Channel 4 and the Sunday Times in bringing this story to light, it is highly unlikely there would be an active police investigation currently underway.

For that reason alone, both media organisations deserve major plaudits for their work in bringing these allegations to light.

Kirsteen MacDonald is founder and director, Mac Media Law