 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
E
l S a l v a d o r 10. RIGHT OF REPLY AND OF RETRACTION Article 6 of the Constitution, which addresses the issue of
freedom of expression and ideas, contains a paragraph that ?recognizes
the right of reply as a protection for the fundamental rights and
guarantees of the individual.? Legislative Decree No. 2467 of 1957, published in the Official
Daily No. 159, volume 176, adds to the Printing Law and regulates
the right of reply. The decree says: Art. 6-A: ?The owners or editors of all newspapers or written
editorial products are obliged to insert within three days of receipt,
or in the next issue if unpublished within the three-day time period,
the reply of any individual or company damaged by published information,
articles or other editorial material, subject to fines of between
100 and 500 colones, depending on the seriousness of the damage,
to be imposed administratively by the applicable Departmental Political
Governor. If the reply is not published, despite the fine, a double
fine will be imposed on the accused within three days of notification
of the first fine, regardless of other fines and damages which may
arise from the offense. The insertion will be free of charge and
the reply may be twice as long as the original text it addresses.
The accused must publish the reply on the same page of the paper
and in the same typeface for heads and body text as employed for
the offending text. The right of reply must be exercised within 10 days of the
publication of the offending article or from the date that the complainant
was prevented from replying for lack of knowledge of the material
published, or because of grave illness, being absent or similar
circumstances. The complainant will have no further rights two months
after the date of publication.? Art. 6-B: ?Individuals affiliated with a public or private
institutions shall have the same rights, regarding the publication
of offensive material directed at their institution. That right
also applies to the spouse, parents, children, siblings and proxies
of the plaintiff ? or, if applicable, his heirs ? should the plaintiff
be absent or legally incapacitated or expressly so authorize.? Art. 6-C: ?Publication of the reply must be in full and without
explanatory notes of any kind, without prejudice for freedom of
expression in a separate article.? Art. 6-D: ?Included in the previous articles are radio and
television stations and any other medium suitable for transmitting
ideas, which are compelled to broadcast the reply at the same time
or program.?
|
questions
or comments? | |
