This article explains the right of reply. According to Maltese law, the right of reply is provided by the Media and Defamation Act to give persons who claim that they have been defamed the right to reply to the defamatory statement in the same publication. Furthermore, this article discusses 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 a nutshell, the right of reply is used when one feels that their actions and/or intentions were misrepresented by a media platform. Defamation is a statement that injures a third party’s reputation, and it includes both libel (written statements) and slander (spoken statements). Furthermore, defamation is a statement that injures a third party’s reputation, and it includes both libel (written statements) and slander (spoken statements). This also applies for when people feel their privacy was infringed upon through publications.
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 defence 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 judgement and decide on the appropriate award.
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. It is to be made public through the same medium in which the defamation was presented. The law caters for several mediums through which it can be published; newspapers, broadcasts or media consisting of a website.
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; up to one month from the date of publication. There’s also a time limit as to the publication from when the alleged infraction took place; heavily dependent on the medium above-mentioned and it.
Furthermore, the right of reply is restricted to the correction or contradiction and/or explanation of facts and cannot be used to express opinions, nor comments. In addition, the mediums one can use are restricted to newspapers, magazines, or other periodical publications and websites; other forms of media such as television or radio are not included.
There are other restrictions regarding the right of reply, such as its enforcement and denial. In fact, in very exceptional cases, the publication of the reply may be denied. Consequently, there may be fees associated with other legal processes, such as small claims or counterclaims, which are not directly related to the right of reply. It is always advisable to seek legal advice before submitting any formal communication to ensure that you are aware of any potential fees or costs associated with the process.
The GDPR also recognises the duty to protect the rights and dignity of others, and hence the natural person, which is then referred to as the data subject. One cannot expect that data privacy is readily assured. In fact, Recital 4 states that:
‘The processing of personal data should be designed to serve mankind. The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality. This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter as enshrined in the Treaties, in particular the respect for private and family life, home and communications, the protection of personal data…’.
If you feel that you have been a victim of misrepresentation, or that 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.
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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.