Key considerations for dealing with blackmail

Here are some key points to consider if you are being blackmailed:

1. Negotiating with the blackmailers:

• Paying the blackmailer will usually not resolve the issue, as they are likely to continue to demand more.

2. Pursue a criminal complaint:

•  Blackmail is a serious criminal offense punishable by up to 14 years imprisonment.
  
  
• However, you do not have control over the police investigation or legal process. The police may be slow to respond and may not investigate at all.
  
  
• Anonymity is not automatically guaranteed for victims in criminal court cases involving blackmail.

3. Pursue a civil remedy:

• A civil claim may be based on a claim for harassment and/or misuse of private information.
  
  
• It is not necessarily relevant if the information that the blackmailer is seeking to disclose is true or not. In a misuse of private information claim, the relevant consideration is whether the information is private.
  
  
• Information pertaining to emotional and sexual relationships is normally private.
  
  
• Obtaining an injunction, which can be granted before publication, can be a very effective remedy in privacy and harassment claims.
  
  
• Anonymity is often ordered by the court to protect blackmail victims and discourage further blackmail attempts. 
  
  
• Injunctions also bind third parties like newspapers and websites.
  
  
• Blackmailers often seek to humiliate and embarrass target individuals in relation to their sex lives and preferences, but the court is familiar with handling such facts.
  
  
• Injunctions include penal notices that can lead to imprisonment if the blackmailer breaches its terms.

Other considerations:

• Jurisdictional issues arise if the blackmailer is located outside your jurisdiction. 
  
  
• Working alongside our highly regarded criminal team to consider all options.
  
  
• Working with experienced criminal and international legal teams can be helpful in complex cases involving foreign blackmailers.

It's important to seek legal advice and support to determine the best course of action based on your specific situation.

Helen Morris is Dispute Resolution Partner with Kingsley Napley. She is a highly experienced media litigator who has specialised in this field since 2002. She has acted for claimants and defendants in high profile defamation, privacy and harassment cases including obtaining and resisting injunctions.