The right of reply or right of correction generally means the right to defend oneself against public criticism in the same venue where it was published. In some countries, such as Brazil, it is a legal or even constitutional right. In other countries, it is not a legal right as such, but a right which certain media outlets and publications choose to grant to people who have been severely criticised by them, as a matter of editorial policy.
The Brazilian Constitution guarantees the right of reply (direito de resposta). [1]
In Europe, there have been proposals for a legally enforceable right of reply that applies to all media, including newspapers, magazines, and other print media, along with radio, television, and the internet. In 1974, the Committee of Ministers of the Council of Europe already voted a resolution granting a right of reply to all individuals. [2] Article 1 of a 2004 Council of Europe recommendation defined a right of reply as: "offering a possibility to react to any information in the media presenting inaccurate facts ... which affect ... personal rights." [3] [4]
In the federal system of Germany, the individual federal states are responsible for education, cultural affairs, and also the press and electronic media. All press laws of the 16 federal states guarantee the right to a counter presentation of factual statements which are deemed to be wrong by the individuals and organisations concerned. This is based on article 11 the national press law of 1874, and is found in all 16 laws as §11 or §10 in slightly modified versions.
Austria and Switzerland have similar laws on the books. In Austria, this is in article 9 of the national media law, in Switzerland in article 28g of the civil code.
In France, the right to a corrective reply goes back to article 13 of the Law on the freedom of the press of July 29, 1881 and is renewed and extended to broadcast and digital media via various laws and decrees.
The Belgian law on the right to reply emerged in 1831 as article 13 of the 1831 decree on the press. This was replaced 130 years later by the law on the droit de réponse or «loi du 23 juin 1961». Originally referring only to the printed press, this law was amended in 1977 by the law of «4 mars 1977 relative au droit de réponse dans l’audiovisuel» i.e. audiovisual media, published in the Moniteur Belge of March 15, 1977. [5] [6] Since the federalisation of the Belgian state in 1980, the language communities are responsible for the media, and so the Flemish community has passed in 2005 a decrée dated March 4, 2005, which regulates the right to reply in articles 177 to 199, and the German language community has passed the decree of 27 June 2005, which simply refers to the law of 1961 as amended in 1977. [5] : p.32
The United Nations recognises the "International Right of Correction" through the "Convention on the International Right of Correction", which entered into force on August 24, 1962. [7]
A Florida right of reply law (referring to print media) was overturned by Miami Herald Publishing Co. v. Tornillo , 418 U.S. 241 (1974), while a FCC policy (referring to broadcast media) was affirmed in Red Lion Broadcasting Co. v. FCC , 395 U.S. 367 (1969). The policy was subsequently completely abandoned in 1987. [8]
A right of reply can also be part of the editorial policy of a news publication or an academic journal. The BBC's Editorial Guidelines state: [9]
When our output makes allegations of wrongdoing, iniquity or incompetence or lays out a strong and damaging critique of an individual or institution the presumption is that those criticised should be given a "right of reply", that is, given a fair opportunity to respond to the allegations.
The Australasian Journal of Philosophy 's editorial policy says: [10]
[A]uthors of the materials being commented on [in Discussion Notes] may be given a right of reply (subject to the usual refereeing), on the understanding that timely publication of the Note will take priority over the desirability of including both Note and Reply in the same issue of the Journal.
In the U.S., there is a journalistic standard of including denials, exemplified by the ethical code of the Society of Professional Journalists: "Diligently seek subjects of news coverage to allow them to respond to criticism or allegations of wrongdoing." [11]
The Declaration of the Rights of Man and of the Citizen, set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide.
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel and slander. It is treated as a civil wrong, as a criminal offence, or both.
Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.
Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974), was a seminal First Amendment ruling at the United States Supreme Court. The Supreme Court overturned a Florida state law that required newspapers to offer equal space to political candidates who wished to respond to election-related editorials or endorsements. That law was found to be an unconstitutional restriction of freedom of the press under the First Amendment.
The Charter of Human Rights and Freedoms, also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson.
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution.
The droit d'auteur or French authors' rights law, is in the jurisdiction of France a set of exclusive prerogatives available to a creator over his or her intellectual work, as part of the intellectual property area of law. It has been very influential in the development of authors' rights laws in other civil law jurisdictions, and in the development of international authors' rights law such as the Berne Convention. It has its roots in the 16th century, before the legal concept of copyright was developed in the United Kingdom. Based on the "rights of the author" instead of on the right to copy, its philosophy and terminology are different from those used in copyright law in common law jurisdictions. The term droit d’auteur reveals that the interests of the author are at the center of the system, not that of the investor.
Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handling sensitive information.
Droit de suite (French for "right to follow") or Artist's Resale Right (ARR) is a right granted to artists or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine, where artists do not have the right to control or profit from subsequent sales.
Anti-Quebec sentiment is a form of prejudice which is expressed toward the government, culture, and/or the francophone people of Quebec. This prejudice must be distinguished from legitimate criticism of Quebec society or the Government of Quebec, though the question of what qualifies as legitimate criticism and mere prejudice is itself controversial. Some critics argue that allegations of Quebec bashing are sometimes used to deflect legitimate criticism of Quebec society, government, or public policies.
The Nakdi Report is a document outlining the ethical guidelines of Israel's broadcasting industry.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
The Department of Defense Whistleblower Program in the United States is a whistleblower protection program within the U.S. Department of Defense (DoD) whereby DoD personnel are trained on whistleblower rights. The Inspector General's commitment fulfills, in part, the federal mandate to protect whistleblowers. It also administers the Defense Intelligence Community Whistleblower Protection Program (DICWP), as a sub-mission for the intelligence community. The Inspector General's Defense Criminal Investigative Service also conducts criminal investigations which rely, in part, on Qui Tam relators.
The Utah Compact is a declaration of five principles whose stated purpose is to "guide Utah's immigration discussion." At a ceremony held on the grounds of the Utah State Capitol on November 11, 2010, it was signed by business, law enforcement and religious leaders including the Catholic Diocese of Salt Lake City, and by various other community leaders and individuals.
The Civil Rights of Institutionalized Persons Act (CRIPA) of 1980 is a United States federal law intended to protect the rights of people in state or local correctional facilities, nursing homes, mental health facilities, group homes and institutions for people with intellectual and developmental disabilities.
The Spanish Data Protection Agency is an independent agency of the government of Spain which oversees the compliance with the legal provisions on the protection of personal data. The agency is headquartered in the city of Madrid and it extends its authority to the whole country.
The code of ethics in media was created by a suggestion from the 1947 Hutchins Commission. They suggested that newspapers, broadcasters and journalists had started to become more responsible for journalism and thought they should be held accountable.
The right to be forgotten (RTBF) is the right to have private information about a person be removed from Internet searches and other directories under some circumstances. The issue has arisen from desires of individuals to "determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past". The right entitles a person to have data about them deleted so that it can no longer be discovered by third parties, particularly through search engines.
Criminal Code of Azerbaijan. The Article deals with the Criminal Code of the Republic of Azerbaijan which was adopted on December 30, 1999, and entered into force on September 1, 2000.