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What journalists need to know about reporting on climate litigation and staying legally safe

Ultranews Co > Politics

02/12/2025 by Éloïse Laurent

What journalists need to know about reporting on climate litigation and staying legally safe

I’ve followed climate litigation for years — in courtrooms, on press calls, and through dense legal filings — and I’ve learned that reporting on these cases demands a mix of newsroom instincts, legal awareness and technical savvy. Climate cases are multiplying globally, and they bring unique sensitivities: corporate reputations, state policies, scientific complexity, and high-stakes public interest. Below I share practical guidance I use and teach reporters to stay informative, accurate and, crucially, legally safe.

Understand the legal landscape before you file your copy

Before you publish anything, spend time mapping the legal environment of the case. Is the matter a live hearing, a concluded judgment, an appeal, or a confidential settlement? Different stages carry different restrictions. For example, many jurisdictions have strict rules about reporting ongoing deliberations or naming protected witnesses. I always check the court’s online docket (PACER in the US, BAILII in the UK, or local equivalents) and any specific reporting orders issued by the judge.

Practical checklist I run through:

  • Confirm the case status and any reporting restrictions or gag orders.
  • Locate the original pleadings, judgments and orders — quote them directly or link to them.
  • Identify parties and their legal representatives and record their public statements.

    • Defamation and careful language: how to report allegations

    One of the biggest risks is implying unlawful conduct before a court has found it. In climate litigation this often shows up around allegations that a company knowingly misled the public about emissions or risks. I follow a simple rule: attribute allegations and avoid editorializing facts as proven when they remain contested.

  • Use verbs such as "alleges," "claims," "says," or "according to the filing" when describing contested assertions.
  • If a defendant denies an allegation, include that denial in the same paragraph where feasible.
  • When possible, quote directly from filings or judgments — courts are public records and quoting them is usually safer than paraphrase.

    • Public interest and the defence to legal risk

    Reporting on climate litigation is often squarely within the public interest: climate accountability, government policy, corporate governance. That helps if a story is challenged. But public interest isn’t a blanket shield. How you present information matters: sensational claims, twisting evidence, or failing to seek comment can weaken your position.

  • Document efforts to obtain responses from defendants and plaintiffs — date and time of emails/calls count.
  • Keep records of the sources you relied on: court documents, expert reports, scientific papers.
  • Link to primary documents in your article to let readers and potential complainants verify your sources.

    • Handling confidential materials and leaks

    Sometimes you’ll receive embargoed or confidential documents. My priority is to verify their authenticity and consider the legal exposure they create. Publication of illegally obtained or confidential court documents can prompt contempt proceedings or other sanctions.

  • Authenticate documents: check metadata, corroborate with public filings, use publicly available docket numbers.
  • Ask whether publication is necessary for the public interest. If so, consult legal counsel about risks and defenses.
  • When in doubt, anonymise names only where there’s a lawful basis (e.g., minors, protected witnesses) — but be cautious: over-redaction can invite scrutiny.

    • Privacy, minors and protected parties

    Privacy rules and protections for certain individuals vary. In climate cases, minors are sometimes plaintiffs; indigenous communities may be involved; company employees might be whistleblowers. Publishing identifying information without lawful basis can trigger legal liability.

  • Never name minors or protected witnesses unless a court order permits it.
  • For community plaintiffs, obtain consent for using personal stories and images where possible.

    • Contempt, sub judice and reporting on ongoing proceedings

    In some systems, comment that could prejudice a jury or ongoing adjudication is prohibited (sub judice rules). Even outside those jurisdictions, judges can issue contempt or reporting restrictions to preserve fair trial rights.

  • Check local contempt and sub judice rules before live-tweeting hearings.
  • Avoid publishing detailed argument strategies or witness vulnerabilities that could be classified as prejudicial.

    • Digital security and source protection

    Climate litigants often work with whistleblowers and NGOs using sensitive communications. Protecting sources is both ethical and legal. Use encrypted messaging (Signal), secure document transfer (SecureDrop where available), and follow best practices for storing sensitive files.

  • Minimise metadata leaks: use PDF sanitisation tools and check EXIF data on images.
  • Consider offline backups and secure passwords for sensitive folders.

    • How I verify scientific and technical claims

    Science underpins many climate suits — emissions data, attribution studies, modelling. Misstating the science is a quick route to correction demands and reputational damage. I routinely:

  • Cross-check studies cited in filings with the original scientific papers.
  • Contact independent experts for comment on methodology and limitations.
  • Flag uncertainty clearly: science rarely gives binary answers, and reporting should convey that nuance.

    • Working with your legal team — what to ask

    If your outlet has a legal team, involve them early. If you don’t, consider a one-off review by a freelance media lawyer for high-risk pieces. Ask these practical questions:

  • Are there immediate reporting restrictions or contempt risks?
  • Does the piece include potentially defamatory language that could be rewritten to be safer?
  • What documents or records should we retain in case of a future challenge?
    • Common legal riskSimple mitigation
    DefamationAttribute allegations; seek right of reply; quote primary documents.
    Contempt / sub judiceCheck local rules; avoid prejudicial commentary on ongoing trials.
    Publication of confidential materialAuthenticate; assess public interest; consult legal counsel.
    Privacy breachesRedact minors and protected parties; get consent.

    Practical newsroom habits I insist on

    When I edit climate litigation stories, I push reporters to keep the following habits:

  • Embed links to court documents and filings — don’t rely on press releases.
  • Keep a running log of calls, emails and sources for each story.
  • Use cautious headlines that don’t assert guilt (e.g., “Company X sued over…” rather than “Company X misled…”).
  • Train reporters on local reporting restrictions and provide checklists for legal review before publication.

    • Climate litigation reporting is vital for public accountability, but it also sits at the intersection of law, science and powerful interests. By prioritising verification, clear attribution, legal awareness and source protection, you can produce impactful journalism that informs the public while reducing legal exposure. If you work on these stories regularly, build a relationship with a media lawyer and a trusted network of scientific experts — they’ll be worth their weight in bylines.

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