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10. RIGHT OF REPLY AND OF RETRACTION
Law 11 of 1978 provides that social communcation media shall
publish free of charge clarifications and retractions from persons
who feel their good name has been offended erroneously or unfairly
in a publication. Retraction or clarification shall be published
the day after it has been received, unabridged and with the same
prominence given to the original publication.
However, provisions in Law 11 seem to indicate a right of reply
pursuant to Art. 11, which states the editor shall not refuse to
insert or include replies. While the norm cited in some excerpts
refers to the right to correction or clarification, it concerns
the right of private persons or public officials to insert a text
drafted by themselves in a printed publication, or in radio and
television transmissions. If lengthy replies are involved, the offended
party shall exercise that right by paying for the additional space
or time (Art. 11).
If the medium should refuse to accept the affected party?s
request, according to Art. 13 the Ministry of Government and Justice
shall order the publication or transmission of the reply, clarification
or correction.
Law 1 of 1984 again established the same guidelines on the
above-described right to reply.
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Copyright © 1999
Inter American Press Association. All rights reserved.
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