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RIGHT
OF REPLY IN ON-LINE MEDIA
The Council of Europe (45 member states) is
finalizing a recommendation on the 'right
of reply' in on-line media. Through a right of
reply persons and organisations can reply to
articles in the media in which they have been
portrayed or criticized. Many countries in
Europe already have a limited right of reply for
printed media.
A committee of specialists has finalized the
draft recommendation during a 16-18 June
meeting. The recommendations are not limited to
professional on-line media but "any natural or
legal person or other entity whose [main]
activity is to engage in the collection, editing
and dissemination of information to the public
via the Internet". This definition will not only
cover professional news portals but also
personal blogs, moderated mailinglists and
individual websites.
Some parts of the recommendation are very
detailed. "The reply should be made publicly
available in a prominent place for a period of
time which is at least equal to the period of
time during which the contested information was
publicly available, but in any case no less than
for 24 hours." The recommendation will pose a
greater burden on on-line media then on off-line
media as on-line media are supposed to have more
room for lengthy replies: "There should be
flexibility regarding the length of the reply
since there are less capacity limits for content
than in off-line media."
An earlier draft of the recommendation limited
itself to professional on-line media. But after
an expert hearing in February 2003 definitions
were broadened. The summary of the hearing
mentions: "It could be argued that there was a
particular need to grant a right of reply
against non-professional media where there was
an increased risk of compromising material."
The recommendation might collide with the very
recent declaration on freedom on the internet by
the same Council of Europe. That declaration
urged countries to preserve anonymity on the
internet. But the recommendation on the right of
reply in on-line media mentions that "on-line
media should make the name and contact details
of a person responsible for handling requests
for replies easily available".
A recommendation from the Council of Europe is
not binding for its member states.
The right of reply in the on-line environment
(21.03.2003)
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