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The right of reply

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9 views

The right of reply

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cena35544
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Right of Reply

The right of reply generally means the right to defend oneself against public criticism in the same
venue where it was published. (wikipedia).

The above is a basic yet comprehensive definition of the right of reply. it originates from the
doctrine of fairness.

In India the right of reply is not a constitutional right. I am also not aware of any law that
explicitly states this.

The Right to reply is the concept which provides medium to individual to acknowledge
misrepresentation or defamation or any infringement of their privacy through the same media
where original content was published or presented. This is one of the important rights as it helps
media houses in reporting fairness, transparency, accuracy and also provides individuals and
legal entities, opportunity in addressing any allegations or criticism made against such
individuals.

In LIC v. Prof. Manubhai D. Shah (1992), the Supreme Court ruled that the right to reply,
including the right to get that reply published in the same news media in which something was
published against or in relation to a citizen, is protected under Article 19(1)(a).

However there are certain Norms of Journalistic Conduct laid out by the Press Council of India
which do mention the right of reply. So courts may consider these norms if approached by any
aggrieved parties to provide equitable relief thus directing the publisher to publish the correction
and/or apology to the aggrieved party.
I am reproducing the relevant extracts from the Norms of Journalistic Conduct below:

13.Corrections

When any factual error or mistake is detected or confirmed, the newspaper should suo-motu
publish the correction promptly with due prominence and with apology or expression of regrets
in a case of serious lapse.

14. Right of Reply

i) The newspaper should promptly and with due prominence, publish either in full or with due
editing, free of cost, at the instance of the person affected or feeling aggrieved/or concerned by
the impugned publication, a contradiction/reply/ clarification or rejoinder sent to the editor in the
form of a letter or note. If the editor doubts the truth or factual accuracy of the contradiction/
reply/clarification or rejoinder, he shall be at liberty to add separately at the end, a brief editorial
comment doubting its veracity, but only when this doubt is reasonably founded on
unimpeachable documentary or other evidential material in his/her possession. This is a
concession which has to be availed of sparingly with due discretion and caution in appropriate
cases.

ii) However, where the reply/contradiction or rejoinder is being published in compliance with the
directions of the Press Council, it is permissible to append a brief editorial note to that effect.

iii) Right of rejoinder cannot be claimed through the medium of Press Conference, as
publication/coverage of a news of a conference is within the discretionary powers of an editor.

iv) Freedom of the Press involves the readers' right to know all sides of an issue of public
interest. An editor, therefore, shall not refuse to publish the reply or rejoinder merely on the
ground that in his opinion the story published in the newspaper was true. That is an issue to be
left to the judgement of the readers. It also does not be hove an editor to show contempt towards
a reader.

(v) The press has to remember that it is not a prosecutor in any investigation and should be
guided by the paramount principle of a person’s innocence unless the alleged offence is proved
beyond doubt by independent reliable evidence and, therefore, even within the constraint of
space, the material facts should find space in the rejoinder so that the public, as the ultimate
judge of any matter, is guided by the complete and accurate facts in forming its opinion. The
readers’ right to know all sides of any issue of public importance is a natural corollary of the
freedom enjoyed by the press in a democracy.

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