If the reply text is not written correctly it will be refused. The Law lays down five conditions for the text.
Condition 1: Not Containing an Element of an Offence
Art. 14/1: the text to be sent must not contain an element of an offence.
Condition 2: Not Being Contrary to the Interests of Third Persons
The same paragraph: the text must be of a nature not contrary to the legally protected interests of third persons.
Condition 3: Stating the Work That Gave Rise to It
Art. 14/2: the correction and reply states the work that gave rise to it.
Conditions 4 and 5: The Limits of Length
| Situation | Limit |
|---|---|
| The general rule | The correction and reply may not be longer than the writing concerned |
| Where the work giving rise to it is a writing, picture or cartoon of fewer than 20 lines | The correction and reply may not exceed thirty lines |
The Form of Publication - The Responsible Editor's Obligation
The responsible editor publishes the text:
- Without any correction or addition,
- On the page and in the columns where the relevant publication appeared,
- In the same font size and in the same way.
More Than One Edition
Art. 14/3: where the periodical is printed in more than one place, the correction and reply text is published in all the editions in which the work was published.
May the Responsible Editor Change the Text?
What Happens If It Is Not Published?
| Stage | Period |
|---|---|
| Application to the magistrates' criminal judge | Fifteen days from the end of the period for publication or from the date of the publication contrary to the conditions |
| The judge's decision | Three days - without holding a hearing |
| Urgent objection | Against the decision |
| Examination of the objection | Three days - the decision of the competent authority is final |
We cover the detail in the refusal guide.
A Checklist When Writing the Text
- Does the text contain an element of an offence?
- Is there an expression contrary to the interests of third persons?
- Is it expressly stated which news item is being replied to? Was a URL given on the internet?
- Is the text longer than the writing concerned?
- If the source work is shorter than 20 lines, does the text exceed 30 lines?
- Was the request sent within two months? (three months for an heir)
Summary
A correction and reply text must not contain an element of an offence, must not be contrary to the legally protected interests of third persons and must state the work that gave rise to it. The text may not be longer than the writing concerned; where the work giving rise to it is under twenty lines the text may not exceed thirty lines. The responsible editor must publish the text without any correction or addition, on the same page and in the same column, in the same font size.