This article features an explanation of what is the ‘Right of Reply”, the instances one can use this right against an accused party, as well as specifications to keep in mind if such a case arises.
In simple terms, the Right of Reply is used when one feels that their actions and/or intentions were misrepresented by a media outlet. This also applies for when people feel their privacy was infringed upon through publications in the media.
In legal terms, The Media and Defamation Act, Chapter 579 of the Laws of Malta, bestows onto persons, both legal or natural persons, the Right of Reply. If you, or your company have been targeted with any of the below, it is within your rights to enforce the defense of ‘Right of Reply’ as stipulated in Article 15 of the Media and Defamation Act:
After taking action against the accused party, the Court shall take the relevant facts into consideration in its judgment and decide on the appropriate award.
How Should a Right of Reply be Published?
Whilst there is no prescribed format as to how you should draft a Right of Reply, there are several conditions attached to such a right.
The Right of Reply is to be made public through the same medium in which it was presented. The law caters for several mediums through which you can publish the Right of Reply. This includes (but is not limited to) newspapers, broadcasts or media consisting of a website.
Important Time Frames in Relation to the Right of Reply
One should keep in mind that there are certain actions which are time-barred. Specifically, one can only utilise the Right of Reply within a specific timeframe as stipulated by law, that is, up to one month from the date of publication. The Right of Reply shall lapse if you fail to claim within the appropriate time.
Finally, there is also a time limit as to the publication of a Right of Reply from when the alleged infraction took place. This is heavily dependent on the medium above-mentioned and it is to be assessed on a case-by-case basis.
How We Can Help
If you feel that you have been a victim of misrepresentation or your private life has been intruded upon by means of publication, we can assist you with exercising your Right of Reply. Consequently, by assisting you in invoking such a right you will be one step closer towards rectifying the wrong to which you have been subjected to.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact infomalta@kyprianou.com or telephone +356 2016 1010.
