Right of Reply and Press Standards Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Right of Reply and Press Standards Bill

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Issue of enforcement notice
(1)
This section applies where—
(a)
the Board has undertaken initial compliance proceedings in accordance
with the provisions of section 19 in relation to a relevant publication,
(b)
a report published under subsection (3)(a) of that section contained
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recommendations for action by the relevant publication within a
specified period, and
(c)
the Board considers that the relevant publication has not complied with
those recommendations within that specified period.
(2)
Where this section applies, the Board may, if it thinks fit, serve on the relevant
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publication a notice (“an enforcement notice”) requiring the relevant
publication—
(a)
to comply with such recommendations of the report published under
section 19(3)(a) within such period as may be specified in the notice,
and
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(b)
to take such other actions relating to the matters referred to in that
report as may be specified in the notice.
(3)
An enforcement notice may also require the relevant publication on whom it is
served to furnish the Board with such information as may be reasonably
required by the notice in order to verify that the notice has been complied with.
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(4)
The Board shall not serve an enforcement notice in respect of a relevant
publication unless they have first—
(a)
given the relevant publication notice that it is minded to issue an
enforcement notice in respect of that publication, specifying the
grounds on which the Board contemplates doing so,
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(b)
offered the relevant publication an opportunity of making oral or
written representations in the matter (or both oral and written
representations if the relevant publication thinks fit) within a period of
not less than 28 days specified in the notice, and
(c)
taken account of any representations so made by the relevant
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publication.
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Appeal against enforcement notice
(1)
Not later than six weeks after an enforcement notice is served on any relevant
publication, that publication may appeal against any requirement of the
notice—
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(a)
(in England and Wales and in Northern Ireland) to the High Court, or
(b)
(in Scotland), to the Court of Session.
(2)
Where the Court considers a requirement in respect of which an appeal is
brought under subsection (1) to be unreasonable because it is based on an
incorrect finding of fact or for any other reason, the Court shall quash the
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requirement.
(3)
On quashing a requirement under subsection (2), the Court may direct that the
enforcement notice shall be treated as if, in place of the requirement quashed,
it had contained a requirement in terms specified in the direction.
(4)
Subsection (1) does not apply to a requirement treated as included in an
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enforcement notice by virtue of a direction under subsection (3).

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Further compliance proceedings
(1)
The Board may initiate compliance proceedings under this section (“further
compliance proceedings”) where the Board considers that a relevant
publication has failed to comply with a requirement of an enforcement notice
that is in force.
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(2)
A requirement is in force for the purposes of this section if—
(a)
the period for an appeal specified in section 21(1) has elapsed and the
relevant publication has not appealed against the requirement, or
(b)
the requirement has been the subject of an appeal, but has not been
quashed by the Court.
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(3)
For the purposes of this section, a requirement of an enforcement notice
includes a matter that is to be treated as if it were a requirement of an
enforcement notice in accordance with a direction of a Court under section
21(3).
(4)
Where the Board decides to initiate compliance proceedings under this section,
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the Board shall serve a notice of that decision on the relevant publication.
(5)
At the conclusion of compliance proceedings under this section, the Board
may—
(a)
publish a report containing recommendations for action by the relevant
publication on any of the matters to which the requirement of an
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enforcement notice that is in force relates within a specified period, and
(b)
provide such other information as it considers appropriate to the
relevant publication.
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Offence of non-compliance and penalty
(1)
It shall be an offence for a relevant publication to fail to comply with the
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recommendation of a report under section 22(5)(a).
(2)
A relevant publication guilty of an offence under subsection (1) shall be subject
to a fine.
Other functions of the Board
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Codes of practice
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(1)
The Board shall prepare and issue codes of practice for the purpose of giving
practical guidance to—
(a)
editors and others responsible for editorial material in relevant
publications, and
(b)
other persons carrying on activities to which the provisions of this Act
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apply.
(2)
The Board shall deal in particular under subsection (1) with—
(a)
matters to be considered in determining whether or not a person has a
right of reply,
(b)
the interpretation of “relevant information” for the purposes of section
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17.
(3)
The Board shall deal in particular under subsection (1)(a) with—

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(a)
procedures for checking facts in editorial material, including checking
information contained in the database established and maintained by
the Board and in periodic reviews published by the Board, and
(b)
the handling of initial complaints under this Act.
(4)
The Board shall—
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(a)
keep any code of practice under this section under review, and
(b)
prepare a revised code of practice when appropriate.
(5)
Before preparing a code of practice under this section, the Board shall
consult—
(a)
the Secretary of State, and
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(b)
such other persons as the Board considers appropriate.
(6)
The Board shall publish a code of practice issued under this section in such a
way as, in its opinion, is likely to bring the code of practice to the attention of
those interested.
(7)
A code of practice issued under this section shall come into effect on such day
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as may be appointed in the code of practice.
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Annual report
(1)
The Board shall prepare a report for—
(a)
the first twelve months of its existence, and
(b)
each succeeding period of twelve months.
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(2)
A report under this section shall deal with the activities of the Board in the
period to which the report relates.
(3)
A report under this section shall include an account of the activities of the
Adjudicator prepared by the Adjudicator.
(4)
The Authority shall send each report under this section to—
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(a)
the Secretary of State,
(b)
the Scottish Ministers, and
(c)
the National Assembly for Wales,

as soon as practicable after the end of the period to which the report relates.
(5)
The Secretary of State shall lay a copy of each report received by him under this
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section before each House of Parliament.
Relevant publications, website versions and the register
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Meaning of “relevant publication” and notices of exemption
(1)
In this Act “relevant publication” means—
(a)
a newspaper,
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(b)
a periodical, or
(c)
a website version of a newspaper or periodical,

that is not exempted from the provisions of this Act in accordance with the
provisions of subsection (2).
(2)
The Board may by notice exempt from the provisions of this Act a newspaper
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or periodical if the Board is satisfied that—

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(a)
the timing of the publication of the newspaper or periodical is irregular,
or
(b)
the readership of the newspaper or periodical is insignificant.
(3)
Where a notice of exemption is issued under subsection (2), the Board shall—
(a)
send a copy of the notice to the editor of the newspaper or periodical
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concerned, and
(b)
cause an entry relating to the exemption to be made in the register.
(4)
The editor of a newspaper or periodical may at any time apply to the Board for
the issue of a notice of exemption in respect of the newspaper or periodical of
which he is editor.
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(5)
Where a newspaper or periodical is exempted from the provisions of this Act
by a notice of exemption in accordance with the provisions of subsection (2), a
website version of that newspaper or periodical shall also be so exempted.
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Website versions of a newspaper or periodical
(1)
In this Act, “a website version of a newspaper or periodical” means a website
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which is—
(a)
maintained and operated by the same company or organisation as that
which is responsible for the publication of a newspaper or periodical,
and
(b)
concerned in whole or in part with making available editorial material
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of that newspaper or periodical.
(2)
The matter of whether a website constitutes a website version of a newspaper
or periodical shall be determined by the Board.
(3)
In determining whether a website constitutes a website version of a newspaper
or periodical it is immaterial—
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(a)
whether there is a charge for accessing editorial material on the
website,
(b)
whether the website contains material which does not appear in the
newspaper or periodical, and
(c)
whether the address of the website clearly identifies it as relating to the
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newspaper or periodical.
(4)
The Board shall, as soon as is reasonably practicable after coming to a
determination under subsection (2), inform the editor of the newspaper or
periodical concerned of that determination.
(5)
When the Board makes a determination under subsection (2) it shall cause an
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appropriate entry to be made in the register.
(6)
When the Board makes a determination under subsection (2), the persons who
are for the time being entered in the register as—
(a)
the editor of the newspaper or periodical of which the website is the
website version,
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(b)
the person designated by that newspaper or periodical as being
responsible for responding to complaints,

shall also be deemed to have the same function in relation to the website
version of the newspaper or periodical.