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Right of Reply and Press Standards Bill


Right of Reply and Press Standards Bill

1

 

A

Bill

To

give persons a right of reply to correct factual inaccuracies in the press in

specified circumstances; to establish and confer functions upon the Press

Standards Board and the Press Standards Adjudicator; to create an offence in

connection with non-compliance with an enforcement notice served by the

Press Standards Board; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

The Board and the Adjudicator: introductory provisions

1       

Press Standards Board

(1)   

There shall be a body known as the Press Standards Board (referred to in this

Act as “the Board”).

(2)   

Schedule 1 (which makes provision about the Board’s constitution and related

5

matters) has effect.

2       

Press Standards Adjudicator: appointment, etc.

(1)   

The Board shall appoint a person as Press Standards Adjudicator (referred to

in this Act as “the Adjudicator”).

(2)   

The first appointment of an Adjudicator shall be made within three months of

10

the coming into force of section 1.

(3)   

The Adjudicator may be appointed on such terms and conditions as the Board

may determine.

3       

Duties and functions of the Board

(1)   

The duties of the Board shall be—

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(a)   

to promote standards of factual accuracy in editorial material in

relevant publications, and

 
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Right of Reply and Press Standards Bill

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(b)   

(together with the Adjudicator), to ensure that appropriate redress is

available to persons with a right of reply.

(2)   

The Board shall have the following particular functions under this Act—

(a)   

considering appeals in accordance with sections 14 and 15;

(b)   

securing enforcement where appropriate under section 16;

5

(c)   

establishing and maintaining the database under section 17;

(d)   

undertaking periodic reviews and arranging for research under section

18;

(e)   

undertaking compliance proceedings and securing enforcement under

sections 19 to 22;

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(f)   

issuing and revising codes of practice on the operation of the provisions

of this Act under section 24;

(g)   

issuing notices of exemption under section 26;

(h)   

establishing and maintaining the register under section 28; and

(i)   

promoting awareness of the provisions of this Act amongst persons

15

likely to be affected by them.

(3)   

The Board may, for any purpose connected with the performance of its

functions—

(a)   

make proposals or give other advice to any Minister of the Crown as to

any aspect of the law or a proposed change to the law relating to press

20

standards,

(b)   

undertake, or arrange for or support (whether financially or otherwise),

the carrying out of research or the provision of advice or information.

(4)   

Nothing in subsection (2) or (3) is to be regarded as limiting the Board’s

powers.

25

(5)   

In this section, “the law” includes Community law and the international

obligations of the United Kingdom.

4       

Duties and functions of the Adjudicator

(1)   

The duty of the Adjudicator shall be (together with the Board) to ensure that

appropriate redress is available to persons with a right of reply.

30

(2)   

The Adjudicator shall have the functions of—

(a)   

considering complaints made to him under section 10; and

(b)   

providing such information and assistance to the Board as it may

require in the exercise of its functions under this Act.

5       

Funding of the Board and the Adjudicator

35

(1)   

At least three months before the beginning of each relevant financial year, the

Board shall prepare and send to the Secretary of State an estimate of—

(a)   

its funding needs, and

(b)   

the funding needs of the Adjudicator,

   

for that financial year.

40

(2)   

An estimate prepared under subsection (1) shall specify the needs in relation

to each of the functions of the Board and of the Adjudicator and the overall

funding needs of the Board and of the Adjudicator.

 
 

Right of Reply and Press Standards Bill

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(3)   

The Secretary of State may make payments to the Board out of money provided by

Parliament of such amounts at such times as he considers appropriate.

(4)   

Where the Secretary of State considers that the payments to be made in respect

of a relevant financial year under subsection (3) are likely not to be equal to or

greater than the total funding needs of the Board and of the Adjudicator

5

contained in the estimate relating to that financial year prepared under

subsection (1), he shall—

(a)   

provide to the Board, and

(b)   

lay before each House of Parliament,

   

a statement of the reasons why he considers that will be the case.

10

(5)   

In this section, “relevant financial year” means each financial year referred to

in paragraph 16(7)(b) of Schedule 1.

The right of reply

6       

Right of reply

(1)   

Where editorial material in a relevant publication contains a factual

15

inaccuracy—

(a)   

which relates to a person; and

(b)   

which any reasonable person might deem to be a significant

inaccuracy,

   

the persons specified in subsection (2) shall have a right of reply which shall be

20

enforced in accordance with the provisions of sections 7 to 16.

(2)   

Those persons are—

(a)   

a person to whom the editorial material relates, and

(b)   

a person with a legitimate interest in the editorial material.

(3)   

For the purposes of subsection (2) “a person” includes—

25

(a)   

a natural or legal person,

(b)   

a body, and

(c)   

a group of persons.

Initial complaints and agreed corrections

7       

Making of initial complaint

30

(1)   

Where a person believes that he has a right of reply, he may make an initial

complaint to—

(a)   

the editor of the relevant publication, or

(b)   

the person designated by that publication as being responsible for

responding to complaints, or

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(c)   

both of those persons.

(2)   

A complaint under this section shall—

(a)   

be made in writing, and

(b)   

include such information as the complainant considers necessary to

establish that he has a right of reply.

40

 
 

Right of Reply and Press Standards Bill

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(3)   

A complaint under this section must be made within a period of 14 days

beginning with—

(a)   

the date of publication of the editorial material to which the complaint

relates, or

(b)   

(where it was not reasonably practicable for the complainant to be

5

aware of the publication of the editorial material to which the

complaint relates on the date specified in paragraph (a)), the date on

which the complainant first became aware of that editorial material,

   

provided that no complaint may be made under this section after the end of a

period of one year beginning with the date specified in paragraph (a).

10

(4)   

In this Act, “an initial complaint” means a complaint made in accordance with

the provisions of this section.

8       

Response by relevant publication

(1)   

Where—

(a)   

the editor of the relevant publication, or

15

(b)   

the person designated by that relevant publication as being responsible

for relevant complaints, or

(c)   

both of those persons,

   

receives or receive an initial complaint, the relevant publication shall respond

in accordance with the provisions of this section.

20

(2)   

A response under this section shall be made in writing to the complainant and

shall include such information as the person responding considers necessary

to respond to the complainant.

(3)   

A response under this section shall indicate whether or not the person

responding agrees that the complainant has established his right of reply.

25

(4)   

A response under this section must be made within a period of three days

beginning with the date on which the relevant complaint was received by—

(a)   

the person to whom it was made, or

(b)   

(where the complaint was made to more than one person), the first of

those persons.

30

(5)   

A response under this section must inform the complainant of the provisions

of section 10.

(6)   

In this Act, “a response by a relevant publication” means a response made in

accordance with the provisions of this section.

9       

Correction where right of reply established

35

(1)   

Where a response by a relevant publication indicates agreement that a

complainant has established his right of reply, the relevant publication shall

proceed in accordance with the provisions of this section.

(2)   

Where subsection (1) applies, the relevant publication shall publish a

correction which corrects the factual inaccuracy giving rise to the initial

40

complaint.

(3)   

A correction shall be published in the relevant publication as soon as

practicable after the response by the relevant publication has been made.

 
 

Right of Reply and Press Standards Bill

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(4)   

A correction must—

(a)   

be published free of charge,

(b)   

appear in a prominent position in the news or editorial section of the

relevant publication,

(c)   

be of such length as is necessary to provide an accurate account of the

5

matters in respect of which the complainant has established his right of

reply, and

(d)   

state that it is published following a complaint made under this Act.

(5)   

A relevant publication must consult the complainant about the matters

referred to in subsections (2) to (4) prior to the publication of the correction and

10

must endeavour whenever it is practicable to do so to secure the agreement of

the complainant about those matters.

(6)   

This subsection applies where the editorial material giving rise to the initial

complaint—

(a)   

was contained in a website version of a newspaper or periodical, and

15

(b)   

that editorial material is still available on that website,

   

and for the purpose of determining whether this subsection applies it is

immaterial whether or not the initial complaint related to or referred to the

website version of a newspaper or periodical.

(7)   

Where subsection (6) applies, the relevant publication shall either—

20

(a)   

make the correction in the editorial material available on the website

version of the editorial material, or

(b)   

ensure that the existence and location of the correction on the website

is prominently displayed at the location of the editorial material.

(8)   

Where a correction has been published in accordance with the provisions of

25

this section, the relevant publication shall, as soon as practicable after the

publication of the correction, inform the Board of that publication so as to

enable the relevant information to be added to the database.

(9)   

In this section, “the relevant information” has the meaning given by section 17.

Complaints to and decisions of the Adjudicator

30

10      

Making of complaint to the Adjudicator

(1)   

This section applies where—

(a)   

a person believes that he has a right of reply,

(b)   

that person has made an initial complaint in accordance with the

provisions of section 7, and

35

(c)   

one of the conditions in subsection (2) is met.

(2)   

Those conditions are that—

(a)   

no response by the relevant publication has been made within the

period specified in section 8(4),

(b)   

a response made in accordance with the provisions of section 8

40

indicates that the relevant publication does not agree that the

complainant has established his right of reply, or

(c)   

the person who made the initial complaint considers that the

requirements of section 9 in relation to a correction have not been met.

 
 

Right of Reply and Press Standards Bill

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(3)   

Where a person believes that this section applies to his circumstances, he may

make a complaint to the Adjudicator.

(4)   

A complaint under this section shall be made in writing to the Adjudicator and

shall include such information as the complainant considers necessary to

establish—

5

(a)   

that he has a right of reply, and

(b)   

that this section applies.

(5)   

A complaint under this section must be made within a period of 14 days

beginning with the date on which one of the conditions in subsection (2) is met.

11      

Proceedings of the Adjudicator

10

(1)   

Where—

(a)   

the Adjudicator has received a complaint made in accordance with the

provisions of section 10, and

(b)   

he is satisfied that the complaint is one to which that section applies,

   

he shall take the steps specified in this section.

15

(2)   

The first step is to inform the relevant publication that the complaint has been

made about editorial material of that publication.

(3)   

The second step is to request such information as he may require within such

period as he may specify from any of the following—

(a)   

the relevant publication,

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(b)   

the complainant,

(c)   

such other persons as appear to him to hold information that will assist

him in proceeding under this section.

(4)   

The third step is to decide whether the complaint should be upheld.

(5)   

The fourth step is to inform—

25

(a)   

the relevant publication, and

(b)   

the complainant,

   

of his decision under subsection (4).

(6)   

The fifth step is to inform persons with a right of appeal to the Board under

section 13 of their rights under that section.

30

(7)   

The Adjudicator may take more than one of the steps specified in this section

at the same time.

(8)   

In taking those steps and specifying a period for the provision of information

in accordance with subsection (3), the Adjudicator shall have regard to the

desirability of ensuring that, wherever practicable, he comes to a decision

35

under subsection (4) within a period of two weeks beginning with day on

which he receives the complaint.

12      

Actions arising from decision by the Adjudicator

(1)   

Where, in a decision made in accordance with the provisions of section 11, the

Adjudicator has determined that a complainant has a right of reply, the

40

Adjudicator shall require the relevant publication to proceed in accordance

with the provisions of section 9 in relation to the correction of the factual

inaccuracy.

 
 

Right of Reply and Press Standards Bill

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(2)   

Where, in a decision made in accordance with the provisions of section 11, the

Adjudicator has decided that the requirements of section 9 have not been met

in relation to the correction to which the complaint to him relates, he shall

require the relevant publication to proceed in accordance with the provisions

of section 9 in relation to the correction of the factual inaccuracy.

5

(3)   

A requirement under subsection (1) or (2)—

(a)   

shall be expressed in writing, and

(b)   

shall be specific about the matters referred to in section 9 that the

Adjudicator considers relevant.

(4)   

Any correction published in accordance with the provisions of section 9 that

10

arises from a decision of the Adjudicator under section 11 shall—

(a)   

state that it arises from such a decision, and

(b)   

include such information as the Adjudicator may require about his

decision.

(5)   

Where a correction is to be published in accordance with the provisions of

15

section 9 that arises from a decision of the Adjudicator under section 11, the

Adjudicator may, if he thinks fit, inform any other relevant publication prior to

the publication of the correction that the correction is to be published and of

any matters about the circumstances giving rise to his decision that he

considers appropriate.

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(6)   

This section is subject to sections 13 to 15.

Appeals to the Board

13      

Appeal to the Board

(1)   

The following persons have a right of appeal to the Board under this section—

(a)   

a person making a complaint to the Adjudicator under section 10, and

25

(b)   

the relevant publication to which a decision of the Adjudicator relates.

(2)   

An appeal under this section may relate to the following matters—

(a)   

a decision of the Adjudicator under section 11, or

(b)   

a requirement of the Adjudicator under section 12, or

(c)   

both of those things.

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(3)   

Where a person believes that this section applies to his circumstances, he may

make an appeal to the Board.

(4)   

An appeal under this section shall be made in writing to the Board and shall

include such information as the appellant considers necessary to establish—

(a)   

that he has a right of appeal, and

35

(b)   

that his appeal should be upheld.

(5)   

An appeal under this section must be made within a period of 28 days

beginning with the relevant date determined in accordance with the provisions

of subsections (6) to (8).

(6)   

Where the appeal does not relate to a requirement of the Adjudicator under

40

section 12, the relevant date shall be that on which the person or relevant

publication making the appeal was informed of the decision of the Adjudicator

under section 11 to which the appeal relates.

 
 

 
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