Summary.
The bill proposes to amend Article 2 of Law 22 of June 29, 2005. It grants any person affected by inaccurate or offensive information disseminated to their detriment through any medium addressed to the general public the right to issue a reply, correction or response through the same outlet. That right would be exercised under the conditions established by the Law itself.
A reply, correction or response would receive the same space and prominence as the news item or reference that aggrieved the affected person. In light of the particular circumstances of a case, it could reasonably be given more space, subject to the outlet’s availability. The bill would also require media outlets to reserve a permanent space or section for publishing or broadcasting replies, corrections, responses, clarifications and comments from readers or any person affected by a news item.
The outlet that disseminated the challenged information or reference would have to publish or broadcast the reply, correction or response within forty-eight hours of receiving it. An additional twenty-four hours would be allowed if the outlet proved that circumstances beyond its control made compliance with the initial deadline impossible. If publication were partial or defective, the aggrieved person could bring the violation of this right before the courts.
The bill would make the owner of the outlet that disseminated the challenged information or reference subsidiarily liable alongside the media professional for harm caused to affected persons when a correction is not published within the prescribed time. It would extend that liability to the outlet’s owner for harm arising in airtime paid for by third parties if the hosts of the broadcast programs fail to publish a timely submitted reply, correction or response, with a copy provided to the owner. The owner would be released from that liability if they had made the time, space and opportunity available for the allegedly affected person to publish a correction under the proposed provision.
Article 4 states that Article 2 of Law 22 of June 29, 2005 is amended. Article 5 provides that the proposed law would take effect on the day following its promulgation. Its provisions concern the courts and media outlets, their owners, media professionals, program hosts, readers and people affected by information disseminated to the public.
What it proposes.
- The right of reply, correction or response to information disseminated to the public.
- The space, prominence and deadline for publishing or broadcasting a response.
- Recourse to the courts and the media outlet owner’s subsidiary liability.
Who it would affect.
- People affected by inaccurate or offensive information.
- Media outlets and their owners.
- Media professionals and hosts of broadcast programs.
Key points.
- Amends Article 2 of Law 22 of June 29, 2005, to provide for a reply, correction or response through the same outlet that disseminated the information.Art. 1
- A reply, correction or response would receive the same space and prominence as the offending item and could reasonably receive more space depending on the case and the outlet’s availability.Art. 1
- Media outlets would reserve a permanent space or section for replies, corrections, responses, clarifications and comments from readers or affected persons.Art. 1
- Publication or broadcast would occur within forty-eight hours of receipt, with an additional twenty-four hours if the outlet proved that circumstances beyond its control prevented compliance.Art. 1
- Partial or defective publication would allow the aggrieved person to bring a violation of the right before the courts.Art. 1
- The outlet’s owner would bear subsidiary liability in the specified cases of noncompliance and would be released from it if they made the time, space and opportunity available for the correction.Art. 1
- The bill states that Article 2 of Law 22 of June 29, 2005 is amended and sets its effective date as the day following promulgation.Arts. 4-5