Archive item

Title: Recommendation Rec(2004)16 of the Committee of Ministers to member states on the right of reply in the new media environment
Other/original title:
Publisher: Council of Europe
Files: Rec(2004)16E.doc
Abstract: This recommendation, adopted by the Committee of Ministers on 15 December 2004 at the 909th meeting of the Ministers' Deputies, follows up on its Resolution (74)26 on the right of reply and the position of the individual in relation to the press, since "a number of major technological developments have taken place [since], necessitating a revision [..] in order to adapt it to the current situation of the media sector in Europe". The right of reply is in fact "a particularly appropriate remedy in the online environment," the recommendation contends, due to the possibility of instant correction of contested information and the technical ease with which replies from concerned persons can be attached to it. The Committee of Ministers recommends the member states to "examine and, if necessary, introduce in their domestic law or practice a right of reply or any other equivalent remedy, which allows a rapid correction of incorrect information in online or off-line media", and the recommendation sets out eight minimum principles for this right of reply. Those principles stipulate i.a. that the reply should be published promptly, as prominently as the contested information was, and free of charge. But it also lays out in which cases the medium should be allowed, by national law or practice, to refuse the request for a reply.
Publication/ adoption date: 2004-12-15
Language: English