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total countries/territories: 41
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| Country/Territory |
Answers |
Comments |
Verified |
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Albania
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a. Yes
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Not really clear, This is the responsibility of the editor, however the disputes can be submitted to courts.
The law on PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA in its Article 47 stipulates The Right of Rebuttal
The person whose moral and material interests are affected by the broadcast of false information has the right to ask the radio-television broadcaster, private or public, to broadcast a rebuttal on radio or on television respectively.
The rebuttal is aired free of charge in the next edition of the same program or category of programs.
The rebuttal must be signed by the interested party or his legal representative and contain only the facts which he believes affect him.
The party demanding the right to rebuttal shall provide evidence that the information broadcast about him is false and his legitimate interests have been harmed.
The right to rebuttal is not granted when the facts that the person thinks affect him have emerged in the sessions of the People's Assembly or in a court of law.
The right to rebuttal may be refused when:
1. the interested person does not have any legitimate interest in its publication;
2. the rebuttal is much longer than the qualifying statement for which the rebuttal is made;
3. the demand for rebuttal is not made within 2 months from the date of the broadcast of the statement that is being rebutted.
The refusal of the right to rebuttal for the above reasons is provided in writing.
In cases of failure to observe this right, the person responsible for the program is punished according to the sanctions foreseen in this law.
The refusal of radio and television stations to broadcast the rebuttal may be subject to appeal to the NCRT. Both parties may contest NCRT rulings in a court of law.
Source:
ACEEEO questionnaire about Media and Elections, Albania Questions 6.1 et seq.
Art 47 The law on PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
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2012/02/21
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Algeria
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a. Yes
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Source:
Algeria Copyright Law Order No. 14-73 and the Algerian Election Law
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2005/05/07
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Armenia
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a. Yes
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2005/03/24
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Australia
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b. No
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This is completely up to the discretion of the editor or media outlet itself. No one has a RIGHT.
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2006/04/03
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Austria
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b. No
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2005/06/09
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Belarus
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a. Yes
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Theoretcally there is a possibility, practically it does not function.
Source:
ACEEEO questionnaire on Media and elections, Belarus
REPUBLIC OF BELARUS PARLIAMENTARY ELECTIONS
17 October 2004
OSCE/ODIHR Election Observation Mission Final Report
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2006/04/06
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Belgium
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a. Yes
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Source:
Law of 23 June 1961 on the right of reply
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2012/05/04
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Benin
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b. No
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Source:
Mr Theodule Nouatchi, lecturer in law at the University of Benin (Cotonou).
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2005/06/30
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Bosnia and Herzegovina
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a. Yes
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Source:
Law on the Basis of the Public Broadcasting System and on the Public Broadcasting Service of Bosnia and Herzegovina, 2002; Election Law of BiH, 2001, Chapter 15-16.
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2005/03/29
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Brazil
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a. Yes
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2024/10/21
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Bulgaria
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a. Yes
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Source:
Law on Radio and Television Art 18 / 1-4
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2005/11/15
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Canada
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b. No
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According the Criminal Code, every one who is proven guilty of defamatory libel is liable to imprisonment for a term not exceeding two years. Furthermore, every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. See Criminal Code, ss. 300, 301.
Source:
Elections Canada
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2006/12/11
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Croatia
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a. Yes
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Source:
The act on the right of access of information
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2005/11/14
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Czech Republic
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a. Yes
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This article of law of universal validity should also apply to political parties and candidates. (see below, source)
Source:
ACT dated 17 May 2001 on radio and television broadcasting operation and on changes of other acts. (Broadcasting Act)
Part Five, Title II : Protection of Persons Affected by the Contents of Radio or Television Broadcasting:
Article 35: The Right of Reply
&
Article 38: Conditions of the Transmission of a Reply and Additional Announcement
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2006/11/30
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Djibouti
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b. No
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Source:
http://www.rsf.org/article.php3?id_article=6411
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2005/05/10
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Egypt
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a. Yes
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Source:
http://www.internews.org/arab%5Fmedia%5Fresearch/egypt.pdf
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2005/06/22
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Germany
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a. Yes
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The right of reply applies to each individual person or entity. Gegendarstellungsrecht in Landespressegesetzen
Source:
§ 11 Landespressegesetz (NRW): Gegendarstellungsanspruch. (1) Der verantwortliche Redakteur und der Verleger eines periodischen Druckwerks sind verpflichtet, eine Gegendarstellung der Person oder Stelle zum Abdruck zu bringen, die durch eine in dem Druckwerk aufgestellte Tatsachenbehauptung betroffen ist. Die Verpflichtung erstreckt sich auf alle Neben- oder Unterausgaben des Druckwerks, in denen die Tatsachenbehauptung erschienen ist.
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2021/11/20
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Greece
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a. Yes
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2005/06/15
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Hungary
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a. Yes
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as in general
Art. 49 of media law
(1) If a broadcaster provides one-sided information on social issues concerning the population of the signal area, especially if it only offers the opportunity to represent a single or one-sided view on the controversial issue, or if he seriously violates the fundamental principle of the provision of balanced information, then the representative of the undisclosed opinion or the injured party himself (hereinafter: the complainant) may raise an objection to the broadcaster.
(2) The complainant may, in writing, request the broadcaster to publish his opinion of the objected communication with conditions similar to those of the objected communication, within forty-eight hours, or, in the case of a complainant residing (staying or operating) outside the borders of the Republic of Hungary, eight days after the original publication, or in the case of a repeated publication, after the last showing of the objected communication.
(3) The Broadcaster shall make a decision to accept or reject the complaint, within forty-eight hours from the receipt of the complaint. The complainant shall be immediately informed on the decision. Within forty-eight hours of the receipt of such decision, or, in the absence of a decision within six days following the publication of the objected communication - twelve days in the case of a complainant staying abroad -, the complainant may lodge a complaint in writing with the Complaints Committee with accurate identification of the broadcaster and the programme item representing the objected view. A complaint may also be lodged with the Complaints Committee if the broadcaster fails to act upon the complaint in spite of his statement accepting the case for complaint. In this case, the complaint shall be lodged with the Complaints Committee within forty-eight hours following the expiration of the time undertaken for acting upon the complaint.
Source:
Art. 49 of media law
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2007/01/29
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Italy
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a. Yes
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Source:
Law of 22 February 2000, n. 28, Art. 10
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2012/04/16
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Kenya
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a. Yes
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2012/02/24
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Liechtenstein
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b. No
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2005/06/09
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Lithuania
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a. Yes
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Source:
Law on elections to the Seimas, 1996, article 51.
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2005/03/29
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Macedonia, the Former Yugoslav Republic of
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a. Yes
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General rules of reply are applicable
Source:
ACEEEO questionnaire Media and Elections
Art 62 and 63 Broadcasting law
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2005/03/23
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Malaysia
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a. Yes
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Source:
Suhaila Norsham, Secretary of International Relation Committee, Election Commission of Malaysia
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2007/01/21
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Morocco
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a. Yes
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Source:
Articles of Chapter 4 of the Press Code
http://www.mincom.gov.ma/french/journaux/codepress.html
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2007/01/29
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Niger
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a. Yes
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Source:
Ordonnance N°99-67 du 20 décembre 1999, portant régime de la liberté de la presse, chapitre V
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2005/06/07
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Palestine
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a. Yes
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But there are no laws to regulate that.
Source:
Articles 54 to 59, 93, and 94 Electoral Law
http://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020013748088&Year1=&Year2=&YearGorH=
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2005/06/22
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Portugal
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a. Yes
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Source:
Law no. No. 27/2007 of 30 July 2007, as amended by Law no. 8/2011 of 11 April 2011, Art. 65
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2012/04/20
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Romania
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a. Yes
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Source:
Law on the election of the Chamber of Deputies and the Senate, 2004, article 68.
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2005/03/30
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Russian Federation
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a. Yes
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10. Appeals of decisions and actions (inaction) that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted by voters, referendum participants, candidates, their attorneys, election associations and their attorneys, other public associations, a referendum initiative group and its authorized representatives, observers, and commissions.
Source:
Federal Law: "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" (as amended by the Federal Laws of July 7, 2004, No.46-FZ, of July 21, 2005, No,93-FZ), article 75
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2016/06/06
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Seychelles
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b. No
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Source:
http://www.rsf.org/article.php3?id_article=6439
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2005/05/12
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Sierra Leone
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b. No
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2005/06/09
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Slovakia
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a. Yes
|
The Act on Broadcasting guarantees in general a right to reply: §21 (1) If there was in the broadcasting broadcast incorrect or truth-twisting fact about legal person or natural person who can be exactly identified on the basis of this fact, such a legal person or natural person, without reference to his state adherence, place of permanent residence or long-term residence, shall have the right to claim a free of charge correction in the broadcasting. The broadcaster shall be obliged, on the request of this person, to publish the correction.
(2) After the death of the natural person, the right to correction according to paragraph 1 shall belong to close persons 6).
(3) The request for broadcasting a correction must be in written form and be delivered to the broadcaster at the latest 30 days after the day of broadcasting of such contested facts - otherwise, the right to a published correction expires.
(4) From the request for broadcasting a correction it must be clear in what consists the untruthfulness of the facts or the twisting of the truth; part of the request is a proposal for the wording of the correction.
(5) A broadcaster shall be obliged to broadcast a correction on the same programme as the contested facts were published on, or on a broadcast time of equal value, and this in a way that the correction is in form and content appropriate to the broadcast of the contested facts.
(6) A broadcaster shall be obliged to broadcast a correction without charge, with the expressed designation "correction", and with the name and surname of a natural person or the name of the legal person who requested the broadcasting of the correction.
(7) A broadcaster shall be obliged to broadcast a correction within 8 days from the day the request for the broadcasting of the correction was delivered.
(8) The legal person or natural person whose licence for the broadcasting has expired shall be obliged to secure at his own expense the broadcasting of the correction with another broadcaster with similar territorial extent of broadcasting as had a broadcaster who broadcast the contested fact under the conditions stipulated by this law.
(9) A broadcaster shall not be obliged to broadcast the correction if
a) a criminal offence shall be committed by the broadcasting of the proposed text,
b) the broadcast of the proposed text would be contrary to good manners,
c) the request for the broadcasting of the correction is directed against the text which was broadcast on the basis of evident previous agreement of a person who placed the request,
d) he broadcast the correction on his own initiative under the conditions stipulated by this law prior to his reception of request for the broadcasting of the correction,
e) he may prove the truth of the data for which correction has been required.
(10) If a broadcaster does not broadcast the correction at all or if he does not keep to the conditions under paragraphs 5 to 8, the court shall decide about duty to broadcast the proposal of the person who asked for the correction.
(11) If the person who asked for the correction does not submit the request under paragraph 10 to 15 days within the lapse of time according to paragraph 7, his right to publish correction expires.
Source:
Act on Broadcasting
http://www.rada-rtv.sk/
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2007/01/09
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Slovenia
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a. Yes
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Source:
Art. 26-44. of Mass Media Act provide for a general right to correction and reply
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2005/04/11
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Somalia
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b. No
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Source:
http://64.233.183.104/search?q=cache:_0Vymtvg8bYJ:www.apfw.org/data/news/english/SOMALILANDsreport1004.pdf+somaliland+election+media+reports&hl=en&ie=UTF-8
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2005/05/04
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Sudan
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b. No
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Source:
Article 5 of the Law to stop bad acts.
http://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=021020015496088&Year1=&Year2=&YearGorH=
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2006/11/20
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Tunisia
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b. No
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Ministry of Interior is in charge.
Source:
Article 9 of the Amendment on Tunisian Election Law.
http://www.arab-ipu.org/pdb/LoadLawBook.asp?SC=021020018498827
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2005/05/08
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Turkey
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a. Yes
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Source:
ACEEEO questionnaire on Media and Elections, Turkey
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2005/03/30
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Yemen
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b. No
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Source:
Article 49, Section 4 of the Electoral Law of Yemen 2001.
http://www.arab-ipu.org/pdb/RelatedArticlesGvnSPName.asp?SPName=CHRN&StructuredIndexCode=&LawBookID=181120033455535&Year1=&Year2=&YearGorH=
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2006/11/20
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