In an era when (digital) media have an unprecedented impact on the reputation of individuals and organizations, the right of reply is an essential tool for those who feel aggrieved by a public publication. The right of reply always provides legal safeguards for reputation restoration in the media and thus serves as a legal counterbalance to media harassment.
But what exactly does this right entail? Who can invoke it, and under what conditions? Below we explain the Belgian right of reply.
1. What is the right of reply?
The right of reply is a legally guaranteed means that allows you to react to information disseminated in the press or through audiovisual media, when this information affects your reputation, honor or interests. It is not an exception to freedom of the press, but a complement to it that ensures balanced communication. As the Court of Arbitration put it at the time, the right of reply is "a legal institution for the protection of the person that is a necessary consequence of freedom of the press and freedom of expression."
The right of reply allows any natural or legal person to correct inaccurate or unbalanced information.
2. Legal basis
The right of reply is governed by:
- the federal act of June 23, 1961 on the right of reply (the Reply Law), applicable to the written press and audiovisual resources in the German-speaking community;
- the decree on radio broadcasting and television of March 27, 2009 (Media Decree) for the audiovisual media in the Flemish Community;
- the European Audiovisual Media Services Directive, which affirms a right of reply regarding television broadcasting in the EU;
- similar regulations in the French Community for radio and television.
3. Right of reply in periodical writings
3.1. What is periodic writing?
All kinds of forms of periodic printed matter (e.g., a newspaper, magazine, advertising flyer) can count as periodic writing.
3.2. Who is entitled to an answer?
Any natural or legal person named or implied in a periodical writing may demand a free response. It is not required that the reference be false or defamatory, nor that a legitimate interest be shown. It is sufficient that one is named or identified.
3.3. Content and form requirements
The response text:
- must be directly related to the contested publication;
- Must not be offensive or contrary to law or morality;
- may not involve third parties unnecessarily;
- must be written in the same language;
- must be limited to 1,000 letters or double the space of the original article.
Rejoinders to scientific, artistic or literary criticism are only possible to a limited extent when the goal is to correct a business element or ward off an attack on honor.
3.4. Procedure and deadlines
- The application must be submitted to the publisher or editor within three months of publication.
- publication of the response must be made within two working days of receipt of the request, in the next issue, in the same place and font.
3.5. Penalties for refusal
Refusal is permitted only for violation of the above conditions.
Refusal, incomplete publication, or late insertion may be criminally sanctioned as malpractice.
In case of dispute, the person concerned may lodge a complaint or sue before the competent correctional court or in summary proceedings through the president of the court of first instance where disputes are treated with absolute priority.
4. Right of reply in the audiovisual media in Flanders
4.1. Television broadcasts?
The right of reply applies to both linear and non-linear broadcasting services.
4.2. Who is entitled to an answer?
Any natural or legal person whose legitimate interests, such as standing and reputation, have been affected by a false allegation in a program has the right to have a free response recorded.
An answer need not be included if.
- A satisfactory rectification was voluntarily made.
- A right of reply has already been granted during the broadcast.
If the applicant does not find the rectification satisfactory and meets the conditions, he may still exercise the right of reply.
4.3. Content and form requirements
The response must be in the same language as the original broadcast, directly related to the disputed information, not offensive, not contrary to law or morality, and must not unnecessarily involve third parties.
The length of the response is limited to what is strictly necessary and must be able to be read out in no more than three minutes or consist of no more than 4,500 characters.
4.4. Procedure and deadlines
The request must be made in writing within one month of the first broadcast (for linear broadcasting services) or from the first day the program is available to the user (for non-linear broadcasting services).
The request must include.
- Requestor's identifying information.
- Accurate information about the broadcaster, the program in question and the disputed information.
- Proof that the conditions have been met.
- The applicant's signature.
- The text of the answer.
For linear broadcasting services, the answer must be included in the next broadcast of the same program after a period of two working days. If no broadcast is scheduled within fourteen days, the answer must be broadcast at an hour open to the public within that period. For non-linear broadcasting services, the answer shall be attached to the program in question within two working days of receipt.
The answer must be broadcast in its entirety and without insertion, in a manner as similar as possible to the original broadcast. The requester will not have access to the technical facilities of the broadcaster.
4.5. Penalties for refusal
A refusal to include the response must be communicated to the requester in writing with reasons within four working days of receipt of the request.
The broadcaster may make a counter-proposal within the same period. If the applicant does not respond to this within 15 days, the counterproposal is considered accepted.
Disputes about the right of reply are within the exclusive jurisdiction of the president of the court of first instance, who rules as in summary proceedings. The applicant must bring the case within one month.
5. The right of communication
In addition to the right of reply, there is also the right of communication. This right allows persons who are named, recognizably portrayed or implicitly designated as suspect, accused or accused in a broadcast program to have a communication broadcast free of charge. This right may be exercised following a decision to disqualify or acquit that is no longer subject to opposition, appeal or cassation.
It must be submitted within three months of the final decision. It contains only objective information about the acquittal and may not be refused unless it does not meet the legal formal requirements.
6. Decision
The right of reply represents an important balance in the tension between freedom of the press and respect for privacy. The legislator provides clear safeguards and procedural rules that offer rapid, effective and proportionate legal protection. For persons or organizations that have been unfairly portrayed, the right of reply - and, where appropriate, the right of communication - offers a powerful legal instrument for the restoration of reputation.
Dutch 
English