An unverified story does not attract a single sanction; three separate consequences can arrive at the same time. Separating them is the first step to measuring the risk correctly.
Three directions
| Direction | What happens | Basis |
|---|---|---|
| Duty to correct | The person harmed sends a correction and reply text; publishing it is compulsory | Law No. 5187, Art. 14 |
| Damages | The author of the work together with the owner of the publication and their representative are jointly and severally liable for pecuniary and non-pecuniary damage | Law No. 5187, Art. 13; Code of Obligations, Art. 58 |
| Criminal liability | Where the conditions are met, insult (Criminal Code, Art. 125) or publicly disseminating misleading information (Art. 217/A) | Criminal Code |
First: correction and reply
Under Article 14 of Law No. 5187, where a periodical publishes material infringing the honour and dignity of persons, or contrary to the truth in relation to persons, the person harmed sends a correction and reply text within two months of publication. The responsible editor must publish it without making any correction or addition.
| Type of publication | Publication deadline |
|---|---|
| Daily periodicals | Within three days at the latest of receipt |
| Other periodicals | In the first issue after three days from receipt |
| Online news sites | Within one day at the latest of receipt, with a URL link provided |
Second: damages
Article 13 of Law No. 5187: “For pecuniary and non-pecuniary damage arising from acts committed through printed works or online news sites, in periodicals the author of the work together with the owner of the publication and their representative, if any, … shall be jointly and severally liable.” Where the legal person is a company, the chair of the board in a joint stock company and the most senior manager in other companies are jointly and severally liable with the company.
Under Article 25 of the Civil Code the person harmed may seek a declaration of the attack, its cessation, notification of the correction or the judgment to third parties or its publication, and pecuniary and non-pecuniary damages.
Third: criminal liability
Not every unverified story is an offence. Criminal liability requires separate elements:
- Criminal Code Art. 125 — attributing to a person a concrete act or fact capable of harming their honour, reputation and dignity: three months to two years’ imprisonment or a judicial fine. Under Article 125/4 the sentence is increased by one sixth where the offence is committed publicly.
- Criminal Code Art. 217/A — publicly disseminating, solely with the motive of creating anxiety, fear or panic among the public, information contrary to the truth concerning the country’s internal and external security, public order and general health, in a manner apt to disturb public peace: one to three years’ imprisonment.
Article 218 both increases and protects: where those offences are committed through the press and media the sentence is increased by up to one half; “however, expressions of opinion that do not exceed the limits of reporting and are made for the purpose of criticism shall not constitute an offence”.
Why verification is a legal defence
Article 24/2 of the Civil Code justifies interference with personality rights by a “superior private or public interest”. Whether that defence succeeds depends on the accuracy of the story and the care taken by the journalist. Documented verification effort is the concrete basis of that defence.
If the story turns out to be wrong
- Do not delete it quietly; update it with a correction note.
- Make the correction where the story was seen and with the same prominence.
- If a correction and reply request arrives, calculate the deadlines (one day for online news sites).
- Reach the person concerned and tell them what has happened.
- Keep the correction history on the record in the archive.
The filing deadline
Under Article 26 of Law No. 5187, as a condition of prosecution, criminal cases concerning offences committed through printed works or online news sites must be brought within four months for daily periodicals and online news sites, and six months for other printed works.
The criminal dimension is covered in the fake news guide and the correction process in the right of reply guide.