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U
r u g u a y 10. RIGHT OF REPLY AND OF RETRACTION Law 16,099 regulates this in Articles 7 to 17. Article 17 says: ?Every person or juridical personality under
public or private law may exercise before the relevant court the
right to respond to a publication or any other public communcation
media that may have caused harm through inaccurate or offensive
reports, without prejudice to the penalties and civil responsibility
to which the publication, news or report provoking the response
may give rise.? Under terms of Article 8, the judge shall summon the parties
? the complainant and the person in charge of the news medium ?
to a hearing to accept or deny the complainant?s right of reply.
If the person in charge of the news medium does not appear, publication
of the reply shall be ordered. The reply shall be published within 48 hours of the court order,
with the same prominence as the article that led to the complaint,
under terms of Article 9. There is no right of reply when what were published were reports
of parliamentary proceedings or documents required to be officially
published (Article 11). There is no right of reply with regards to articles of literary
or artistic criticism, under terms of Article 11. Nor is there such a right, according to Article 17, when there
has been no inaccurate or offensive publication, it involves a legal
exception, the reply is contrary to usual good custom, etc. When it is an offense against honor, retraction is always possible,
as provided for in Article 27, except when it relates to public
officials and these refuse retraction. The retraction shall be published or broadcast at the expense
of the author of the offending piece, in the same medium and in
large-circulation newspapers at the place of residence of the offended
person at the discretion of the judge concerned. When conviction is handed down under terms of the Press Law,
the medium concerned is required at its own expense to report on
the sentencing within three days, as provided for in Article 31.
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