Quick response to negative press material – on TV, online and in the newspaper

The law provides a number of tools that serve to remove the negative effects of a press publication. One of them is already intended to provide an efficient defense for the interested party. This is the right to demand publication of a correction. It covers basically any press activity – online, radio, television broadcast, in a newspaper, and in certain situations – even on a blog.

What is the idea behind the right of rectification?

It allows you to present your own, even subjectively perceived, version of events in response to the content of the press material. It allows one to take a position relatively quickly against news that is untrue or inaccurate. As a rule, interference with the content of this position is not allowed, and it should be presented in full.

Who can benefit from it?

Anyone who is directly or indirectly affected by the press material. Both individuals and organizational entities, companies, foundations. In certain situations, the legal successors of such entities may also exercise the right.

What should be done?

The editor-in-chief is responsible for the activities of each editorial office. It is to him that a request for publication of a correction should be submitted. It is important to do this within 21 days of the publication of the disputed information. To meet this deadline, it is sufficient to send the request by registered mail to the editor’s address. The request is not subject to a fee.

What to keep in mind?

Correction is subject to information, not the entire press statement. A corrigendum so defined may not exceed twice the volume of the text or airtime devoted to presenting the information. The text of the rectification must have a logical connection with the content of the disputed information.

The call for the publication of a correction must be hand-signed. The request to publish a correction must indicate a mailing address, but it can be reserved for the editor’s information.

What can the editor-in-chief do?

Upon receiving a request to publish a correction, the editor-in-chief may:

• publish the correction (in the manner and within the timeframe specified by law),

• refuse to publish the correction and indicate the deficiencies that must be remedied before publication,

• refuse to publish the correction altogether.

What to do if the correction does not appear?

In practice, there are situations in which the editor-in-chief refuses to publish a corrigendum, ignores the request, or publishes a corrigendum contrary to the statutory requirements (e.g., on an inappropriate sub-page of a web portal). In such a situation, how can you seek an order to publish it through the courts? A lawsuit must be filed within a year from the date of publication of the disputed information. Such cases are heard in the first instance by district courts with jurisdiction over the seat of the editorial office. The legislator stipulated that the case should be heard by the court of first instance 30 days from the date of filing a lawsuit. An appeal should be recognized within the same time. The fee for a lawsuit is PLN 600.

Summary

• the rectification allows taking one’s own position on the press material – the statement comes from the rectifier and not from the editors,
• interference with the content of the rectification may occur very rarely,
• the procedure is formalized, but meeting all the requirements in principle excludes the possibility of an effective refusal to publish the rectification,
• requesting publication of a rectification does not exclude obtaining further protection (e.g. from the scope of protection of personal rights, compensation), and it proceeds in quicker than traditional procedure.

Article author: Jacek Salata.