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give persons a right of reply to correct factual inaccuracies in the press in |
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specified circumstances; to establish and confer functions upon the Press |
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Standards Board and the Press Standards Adjudicator; to create an offence in |
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connection with non-compliance with an enforcement notice served by the |
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Press Standards Board; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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The Board and the Adjudicator: introductory provisions |
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(1) | There shall be a body known as the Press Standards Board (referred to in this |
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(2) | Schedule 1 (which makes provision about the Board’s constitution and related |
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2 | Press Standards Adjudicator: appointment, etc. |
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(1) | The Board shall appoint a person as Press Standards Adjudicator (referred to |
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in this Act as “the Adjudicator”). |
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(2) | The first appointment of an Adjudicator shall be made within three months of |
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the coming into force of section 1. |
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(3) | The Adjudicator may be appointed on such terms and conditions as the Board |
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3 | Duties and functions of the Board |
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(1) | The duties of the Board shall be— |
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(a) | to promote standards of factual accuracy in editorial material in |
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relevant publications, and |
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(b) | (together with the Adjudicator), to ensure that appropriate redress is |
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available to persons with a right of reply. |
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(2) | The Board shall have the following particular functions under this Act— |
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(a) | considering appeals in accordance with sections 14 and 15; |
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(b) | securing enforcement where appropriate under section 16; |
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(c) | establishing and maintaining the database under section 17; |
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(d) | undertaking periodic reviews and arranging for research under section |
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(e) | undertaking compliance proceedings and securing enforcement under |
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(f) | issuing and revising codes of practice on the operation of the provisions |
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of this Act under section 24; |
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(g) | issuing notices of exemption under section 26; |
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(h) | establishing and maintaining the register under section 28; and |
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(i) | promoting awareness of the provisions of this Act amongst persons |
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likely to be affected by them. |
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(3) | The Board may, for any purpose connected with the performance of its |
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(a) | make proposals or give other advice to any Minister of the Crown as to |
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any aspect of the law or a proposed change to the law relating to press |
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(b) | undertake, or arrange for or support (whether financially or otherwise), |
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the carrying out of research or the provision of advice or information. |
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(4) | Nothing in subsection (2) or (3) is to be regarded as limiting the Board’s |
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(5) | In this section, “the law” includes Community law and the international |
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obligations of the United Kingdom. |
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4 | Duties and functions of the Adjudicator |
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(1) | The duty of the Adjudicator shall be (together with the Board) to ensure that |
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appropriate redress is available to persons with a right of reply. |
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(2) | The Adjudicator shall have the functions of— |
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(a) | considering complaints made to him under section 10; and |
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(b) | providing such information and assistance to the Board as it may |
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require in the exercise of its functions under this Act. |
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5 | Funding of the Board and the Adjudicator |
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(1) | At least three months before the beginning of each relevant financial year, the |
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Board shall prepare and send to the Secretary of State an estimate of— |
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(a) | its funding needs, and |
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(b) | the funding needs of the Adjudicator, |
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(2) | An estimate prepared under subsection (1) shall specify the needs in relation |
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to each of the functions of the Board and of the Adjudicator and the overall |
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funding needs of the Board and of the Adjudicator. |
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(3) | The Secretary of State may make payments to the Board out of money provided by |
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Parliament of such amounts at such times as he considers appropriate. |
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(4) | Where the Secretary of State considers that the payments to be made in respect |
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of a relevant financial year under subsection (3) are likely not to be equal to or |
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greater than the total funding needs of the Board and of the Adjudicator |
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contained in the estimate relating to that financial year prepared under |
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subsection (1), he shall— |
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(a) | provide to the Board, and |
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(b) | lay before each House of Parliament, |
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| a statement of the reasons why he considers that will be the case. |
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(5) | In this section, “relevant financial year” means each financial year referred to |
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in paragraph 16(7)(b) of Schedule 1. |
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(1) | Where editorial material in a relevant publication contains a factual |
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(a) | which relates to a person; and |
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(b) | which any reasonable person might deem to be a significant |
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| the persons specified in subsection (2) shall have a right of reply which shall be |
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enforced in accordance with the provisions of sections 7 to 16. |
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(a) | a person to whom the editorial material relates, and |
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(b) | a person with a legitimate interest in the editorial material. |
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(3) | For the purposes of subsection (2) “a person” includes— |
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(a) | a natural or legal person, |
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Initial complaints and agreed corrections |
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7 | Making of initial complaint |
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(1) | Where a person believes that he has a right of reply, he may make an initial |
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(a) | the editor of the relevant publication, or |
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(b) | the person designated by that publication as being responsible for |
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responding to complaints, or |
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(c) | both of those persons. |
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(2) | A complaint under this section shall— |
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(a) | be made in writing, and |
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(b) | include such information as the complainant considers necessary to |
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establish that he has a right of reply. |
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(3) | A complaint under this section must be made within a period of 14 days |
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(a) | the date of publication of the editorial material to which the complaint |
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(b) | (where it was not reasonably practicable for the complainant to be |
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aware of the publication of the editorial material to which the |
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complaint relates on the date specified in paragraph (a)), the date on |
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which the complainant first became aware of that editorial material, |
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| provided that no complaint may be made under this section after the end of a |
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period of one year beginning with the date specified in paragraph (a). |
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(4) | In this Act, “an initial complaint” means a complaint made in accordance with |
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the provisions of this section. |
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8 | Response by relevant publication |
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(a) | the editor of the relevant publication, or |
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(b) | the person designated by that relevant publication as being responsible |
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for relevant complaints, or |
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(c) | both of those persons, |
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| receives or receive an initial complaint, the relevant publication shall respond |
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in accordance with the provisions of this section. |
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(2) | A response under this section shall be made in writing to the complainant and |
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shall include such information as the person responding considers necessary |
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to respond to the complainant. |
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(3) | A response under this section shall indicate whether or not the person |
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responding agrees that the complainant has established his right of reply. |
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(4) | A response under this section must be made within a period of three days |
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beginning with the date on which the relevant complaint was received by— |
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(a) | the person to whom it was made, or |
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(b) | (where the complaint was made to more than one person), the first of |
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(5) | A response under this section must inform the complainant of the provisions |
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(6) | In this Act, “a response by a relevant publication” means a response made in |
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accordance with the provisions of this section. |
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9 | Correction where right of reply established |
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(1) | Where a response by a relevant publication indicates agreement that a |
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complainant has established his right of reply, the relevant publication shall |
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proceed in accordance with the provisions of this section. |
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(2) | Where subsection (1) applies, the relevant publication shall publish a |
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correction which corrects the factual inaccuracy giving rise to the initial |
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(3) | A correction shall be published in the relevant publication as soon as |
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practicable after the response by the relevant publication has been made. |
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(a) | be published free of charge, |
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(b) | appear in a prominent position in the news or editorial section of the |
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(c) | be of such length as is necessary to provide an accurate account of the |
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matters in respect of which the complainant has established his right of |
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(d) | state that it is published following a complaint made under this Act. |
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(5) | A relevant publication must consult the complainant about the matters |
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referred to in subsections (2) to (4) prior to the publication of the correction and |
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must endeavour whenever it is practicable to do so to secure the agreement of |
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the complainant about those matters. |
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(6) | This subsection applies where the editorial material giving rise to the initial |
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(a) | was contained in a website version of a newspaper or periodical, and |
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(b) | that editorial material is still available on that website, |
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| and for the purpose of determining whether this subsection applies it is |
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immaterial whether or not the initial complaint related to or referred to the |
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website version of a newspaper or periodical. |
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(7) | Where subsection (6) applies, the relevant publication shall either— |
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(a) | make the correction in the editorial material available on the website |
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version of the editorial material, or |
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(b) | ensure that the existence and location of the correction on the website |
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is prominently displayed at the location of the editorial material. |
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(8) | Where a correction has been published in accordance with the provisions of |
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this section, the relevant publication shall, as soon as practicable after the |
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publication of the correction, inform the Board of that publication so as to |
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enable the relevant information to be added to the database. |
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(9) | In this section, “the relevant information” has the meaning given by section 17. |
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Complaints to and decisions of the Adjudicator |
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10 | Making of complaint to the Adjudicator |
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(1) | This section applies where— |
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(a) | a person believes that he has a right of reply, |
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(b) | that person has made an initial complaint in accordance with the |
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provisions of section 7, and |
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(c) | one of the conditions in subsection (2) is met. |
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(2) | Those conditions are that— |
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(a) | no response by the relevant publication has been made within the |
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period specified in section 8(4), |
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(b) | a response made in accordance with the provisions of section 8 |
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indicates that the relevant publication does not agree that the |
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complainant has established his right of reply, or |
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(c) | the person who made the initial complaint considers that the |
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requirements of section 9 in relation to a correction have not been met. |
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(3) | Where a person believes that this section applies to his circumstances, he may |
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make a complaint to the Adjudicator. |
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(4) | A complaint under this section shall be made in writing to the Adjudicator and |
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shall include such information as the complainant considers necessary to |
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(a) | that he has a right of reply, and |
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(b) | that this section applies. |
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(5) | A complaint under this section must be made within a period of 14 days |
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beginning with the date on which one of the conditions in subsection (2) is met. |
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11 | Proceedings of the Adjudicator |
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(a) | the Adjudicator has received a complaint made in accordance with the |
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provisions of section 10, and |
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(b) | he is satisfied that the complaint is one to which that section applies, |
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| he shall take the steps specified in this section. |
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(2) | The first step is to inform the relevant publication that the complaint has been |
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made about editorial material of that publication. |
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(3) | The second step is to request such information as he may require within such |
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period as he may specify from any of the following— |
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(a) | the relevant publication, |
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(c) | such other persons as appear to him to hold information that will assist |
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him in proceeding under this section. |
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(4) | The third step is to decide whether the complaint should be upheld. |
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(5) | The fourth step is to inform— |
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(a) | the relevant publication, and |
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| of his decision under subsection (4). |
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(6) | The fifth step is to inform persons with a right of appeal to the Board under |
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section 13 of their rights under that section. |
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(7) | The Adjudicator may take more than one of the steps specified in this section |
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(8) | In taking those steps and specifying a period for the provision of information |
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in accordance with subsection (3), the Adjudicator shall have regard to the |
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desirability of ensuring that, wherever practicable, he comes to a decision |
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under subsection (4) within a period of two weeks beginning with day on |
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which he receives the complaint. |
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12 | Actions arising from decision by the Adjudicator |
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(1) | Where, in a decision made in accordance with the provisions of section 11, the |
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Adjudicator has determined that a complainant has a right of reply, the |
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Adjudicator shall require the relevant publication to proceed in accordance |
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with the provisions of section 9 in relation to the correction of the factual |
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(2) | Where, in a decision made in accordance with the provisions of section 11, the |
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Adjudicator has decided that the requirements of section 9 have not been met |
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in relation to the correction to which the complaint to him relates, he shall |
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require the relevant publication to proceed in accordance with the provisions |
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of section 9 in relation to the correction of the factual inaccuracy. |
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(3) | A requirement under subsection (1) or (2)— |
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(a) | shall be expressed in writing, and |
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(b) | shall be specific about the matters referred to in section 9 that the |
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Adjudicator considers relevant. |
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(4) | Any correction published in accordance with the provisions of section 9 that |
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arises from a decision of the Adjudicator under section 11 shall— |
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(a) | state that it arises from such a decision, and |
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(b) | include such information as the Adjudicator may require about his |
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(5) | Where a correction is to be published in accordance with the provisions of |
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section 9 that arises from a decision of the Adjudicator under section 11, the |
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Adjudicator may, if he thinks fit, inform any other relevant publication prior to |
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the publication of the correction that the correction is to be published and of |
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any matters about the circumstances giving rise to his decision that he |
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(6) | This section is subject to sections 13 to 15. |
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(1) | The following persons have a right of appeal to the Board under this section— |
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(a) | a person making a complaint to the Adjudicator under section 10, and |
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(b) | the relevant publication to which a decision of the Adjudicator relates. |
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(2) | An appeal under this section may relate to the following matters— |
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(a) | a decision of the Adjudicator under section 11, or |
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(b) | a requirement of the Adjudicator under section 12, or |
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(c) | both of those things. |
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(3) | Where a person believes that this section applies to his circumstances, he may |
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make an appeal to the Board. |
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(4) | An appeal under this section shall be made in writing to the Board and shall |
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include such information as the appellant considers necessary to establish— |
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(a) | that he has a right of appeal, and |
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(b) | that his appeal should be upheld. |
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(5) | An appeal under this section must be made within a period of 28 days |
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beginning with the relevant date determined in accordance with the provisions |
| |
of subsections (6) to (8). |
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(6) | Where the appeal does not relate to a requirement of the Adjudicator under |
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section 12, the relevant date shall be that on which the person or relevant |
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publication making the appeal was informed of the decision of the Adjudicator |
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under section 11 to which the appeal relates. |
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