What a guest says on a live programme does not automatically transfer liability to the guest. Law No. 6112 builds liability as a chain: the person directing the broadcast or making the programme, the responsible editor, and the undertaking. For damages arising from infringement of personality rights, the undertaking and the producer are liable together.
The main rule: Article 46/1
“Liability arising from a broadcast belongs to the responsible editor together with the person directing the broadcast or making the programme. This provision does not remove the responsibilities of the broadcasting undertaking under this Law.”
| Who | Liability | Basis |
|---|---|---|
| The person directing the broadcast or making the programme | Jointly liable | Art. 46/1 |
| The responsible editor | Jointly liable | Art. 46/1 |
| The broadcasting undertaking | Its own responsibilities continue | Art. 46/1 last sentence |
| Persons authorised to manage and represent the company | Liability passes to them on conditions | Art. 46/2 |
When liability changes direction: Article 46/2
The Law creates one exception: “However, where the persons authorised to manage and represent the company have decided on a broadcast without it passing through the examination of the responsible editor or against their consent, liability in that case passes to those persons who decided on the broadcast.”
That provision stops the responsible editor being a lightning rod: if the broadcast decision did not pass through their examination, or was made against their will, liability moves to the executive who took it. But it must be proved, which is why keeping the pre-transmission approval trail on record matters.
A separate joint liability for personality rights
Article 18/6 governs damages: “For pecuniary and non-pecuniary damage arising from broadcasting services that infringe the personality rights of natural and legal persons, the media service provider undertaking together with the producer of the programme shall be jointly and severally liable.”
Which principle is breached
An insulting expression aimed at a person falls under Article 8/1(ç): broadcasting services “may not be contrary to the principle of respect for human dignity and the privacy of private life, and may not contain expressions that are degrading, humiliating or defamatory beyond the limits of criticism in respect of persons or institutions”.
Article 8/1(ç) is not among the grave sub-paragraphs listed in Article 32/1; a breach attracts a fine of one to three per cent of gross commercial communication revenue under Article 32/2. But where the expression also falls within Article 8/1(b) (incitement to hatred) or 8/1(d) (praising terrorism) the picture changes and the band rises to two to five per cent under Article 32/1.
The individual’s remedy: the right of reply
For the person insulted the route that actually works is Article 18. Natural and legal persons may send a correction and reply text to the provider within sixty days of the broadcast where it infringes their honour and dignity or is contrary to the truth. The provider must broadcast it without any correction or addition, within seven days at the latest, at the same hour and in the same programme.
| Step | Period | Basis |
|---|---|---|
| Sending the request to the provider | 60 days from the broadcast | Art. 18/1 |
| Provider broadcasts it | Within 7 days at the latest of receipt | Art. 18/1 |
| Application to court if not broadcast | 10 days from expiry of the 7-day period | Art. 18/2 |
| Application if broadcast defectively | 10 days from the date of broadcast | Art. 18/2 |
| Decision of the criminal judge of peace | 3 days, without a hearing | Art. 18/3 |
| Objection to the criminal court of first instance | 7 days from notification | Art. 18/3 |
| Examination of the objection | 3 working days, final decision | Art. 18/3 |
Practical safeguards on live output
- Delayed transmission. A short delay creates the possibility of intervention. This is liability management, not a technical preference.
- A written power to cut. Who may stop the broadcast, and when, must be settled in advance.
- Guest briefing. Record that the pre-transmission briefing was given.
- Immediate correction. The presenter distancing themselves from the expression and correcting it on air is conduct that can be taken into account.
- The recording. Under Article 25/1 it is kept for one year; the defence rests on it.
- The viewer representative. Under Article 22 complaints are evaluated and put to the broadcasting board.
The general allocation of liability is covered in the liability guide and the responsible editor’s conditions in the responsible editor guide.