The Law leaves no discretion here. The correction and reply text is published where the original was seen and with the same prominence. The purpose is plain: the reader who saw the first item should see the reply.
The rule: same page, same column, same font size
Article 14(1) of Law No. 5187: the responsible editor must publish the text “without making 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 manner”.
| Element | Rule |
|---|---|
| Page | The same page on which the relevant publication appeared |
| Column | The same columns in which it appeared |
| Font size | The same font size |
| Manner | In the same manner |
| Intervention | Without making any correction or addition |
On online news sites
The sentence added by Article 7 of Law No. 7418 of 13 October 2022 introduces an element specific to the internet: the responsible editor must publish the text “within one day at the latest of receipt, on the page and in the columns where the relevant publication appeared, with a URL link provided, in the same font size and in the same manner”.
“With a URL link provided” requires a clickable connection between the reply text and the original item. Putting the reply on a separate page without linking to it from the original does not satisfy the requirement.
Where the content has been removed: the home page rule
The second sentence added to the same paragraph deals with a particular situation: “Where a decision to block access to and/or remove the content of a publication is implemented, or where the content is removed by the online news site of its own motion, the correction and reply text shall be published on the online news site on which the relevant publication was made, on the home page for the first twenty-four hours and for a period of one week.”
| Situation | Where published | For how long |
|---|---|---|
| The item is still in place | On the page and in the columns of the relevant publication, with a URL link | Permanent |
| The item has been removed or access blocked | On the home page for the first 24 hours, then on the site | One week |
Where there is more than one edition
Article 14(3): “Where a periodical is printed in more than one place, the correction and reply text shall be published in all editions in which the work giving rise to the exercise of the right of correction and reply was published.”
The broadcasting equivalent: the same hour and programme
In broadcasting services the measure is not the “page” but the “hour and programme”. Article 18(1) of Law No. 6112: providers publish the text “at the hour and in the programme in which the broadcast giving rise to the reply and correction was made, in a manner that can be easily followed and clearly understood by viewers”.
The same paragraph deals with a special case: “Where the programme giving rise to the right of correction and reply has been taken off air or its broadcast suspended, the right of correction and reply shall be exercised, within the seven-day period, at the broadcasting hour of that programme.”
What happens on defective publication
Under Article 14(5), where the correction and reply is published contrary to the rules, the person concerned may apply within fifteen days of the date of publication to the criminal judge of peace of the place where they are, seeking an order that publication be made “in conformity with the provisions of this Law”. The judge decides the application within three days, without a hearing; an expedited objection lies against that decision and the competent authority decides finally within three days (Art. 14(6)).
The length of the text is covered in the length guide and the internet regime in the online news guide.