Two sentences every editor who receives a demand for a correction should know. The Constitution both recognises and limits the right of reply.
The Full Text of the Article
Article 32 - The right of correction and reply is recognised only where a person's dignity and honour has been touched or where publications untrue in respect of them have been made, and is regulated by law.
If the correction and reply is not published, a judge decides whether or not it should be published within seven days at the latest from the date of the application by the person concerned.
Two Situations, One Word: "Only"
The word "only" in the first paragraph limits the right. The right of reply arises in two situations alone:
| Situation | The measure |
|---|---|
| 1. A person's dignity and honour being touched | The publication being directed at the person and damaging to their honour |
| 2. Publications untrue in respect of them being made | The publication being about that person and untrue |
The Seven-Day Period
The second paragraph establishes the judicial review that comes into play where the reply is not published:
| Element | Provision |
|---|---|
| When does it come into play? | If the correction and reply is not published |
| Who decides? | A judge |
| Decides what? | Whether or not it should be published |
| Period | Within seven days at the latest from the date of the application by the person concerned |
"Is Regulated by Law"
The final phrase of the first paragraph leaves the concrete procedure of the right to statute. Its counterpart in statute is the correction and reply provisions of Press Law No. 5187: the form of the text, its period, the place of publication and the route to follow in the event of refusal are regulated there.
We cover the processes step by step in the legal limits guide.
Its Counterpart in Broadcasting
In radio and television broadcasts correction and reply are subject to the regime of Law No. 6112. We cover the detail in the RTUK guide.
Its Balance with Press Freedom
Summary
Art. 32 of the Constitution recognises the right of correction and reply in two situations only: a person's dignity and honour being touched, or publications untrue in respect of them being made. The procedure of the right is regulated by law. If the correction and reply is not published, a judge decides whether or not it should be published within seven days at the latest from the date of the application by the person concerned.