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Right of Reply and Press Standards Bill


Right of Reply and Press Standards Bill

8

 

(7)   

Where—

(a)   

the appeal relates in whole or in part to a requirement of the

Adjudicator under section 12, and

(b)   

the appeal is made by the relevant publication,

   

the relevant date shall be that on which the relevant publication was informed

5

of the requirement to which the appeal relates.

(8)   

Where—

(a)   

the appeal relates in whole or in part to a requirement of the

Adjudicator under section 12, and

(b)   

the appeal is made by the person making a complaint to the

10

Adjudicator under section 10,

   

the relevant date shall be that on which the correction arising from the

requirement to which the appeal relates was published.

14      

Proceedings of the Board on appeal

(1)   

The Board may decide not to consider an appeal under section 13 if it thinks—

15

(a)   

that the conditions in that section have not been met, or

(b)   

that the appeal is improper or vexatious.

(2)   

Where the Board decides to consider an appeal, it shall take the steps specified

in this section.

(3)   

The first step is to inform the other party that an appeal has been made.

20

(4)   

In the case of an appeal by a person making a complaint to the Adjudicator

under section 10, “the other party” means the relevant publication to which the

decision of the Adjudicator relates.

(5)   

In the case of an appeal by the relevant publication to which a decision of the

Adjudicator relates, “the other party” means the person making a complaint to

25

the Adjudicator under section 10.

(6)   

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

such period as the Board may specify from any of the following—

(a)   

the parties to the appeal, and

(b)   

such other persons as appear to the Board to hold information that will

30

assist it in proceeding under this section.

(7)   

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

(8)   

The fourth step is to inform the parties to the appeal of its decision under

subsection (7).

(9)   

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

35

same time.

(10)   

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

in accordance with subsection (6), the Board shall have regard to the

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

within a period of two weeks beginning with day on which it receives the

40

appeal.

 
 

Right of Reply and Press Standards Bill

9

 

15      

Actions arising from decision by the Board

(1)   

Where, in a decision made in accordance with the provisions of section 14, the

Board has determined that a complainant has a right of reply, it 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

(2)   

Where, in a decision made in accordance with the provisions of section 14, the

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

relation to the correction to which the appeal to it relates, it shall require the

relevant publication to proceed in accordance with the provisions of section 9

in relation to the correction of the factual inaccuracy.

10

(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 Board

considers relevant.

(4)   

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

15

arises from a decision of the Board under section 14 shall—

(a)   

state that it arises from such a decision, and

(b)   

include such information as the Board may require about its decision.

(5)   

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

section 9 that arises from a decision of the Board under section 14, the Board

20

may, if it 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 that the circumstances giving rise to its decision that the Board

considers appropriate.

Enforcement in individual cases

25

16      

Enforcement of requirements arising from individual cases

(1)   

This section applies where—

(a)   

a relevant publication has been required by—

(i)   

the Adjudicator in exercise of his powers under section 12, or

(ii)   

the Board in exercise of its powers under section 15,

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to do any of the things to which the provisions of those sections or

section 9 apply, and

(b)   

the relevant publication has not fulfilled that requirement.

(2)   

Where this section applies, the Board may enforce a requirement by action—

(a)   

(in England and Wales and in Northern Ireland) in the High Court, or

35

(b)   

(in Scotland), in the Court of Session.

(3)   

In enforcing a requirement under subsection (2), the Court may require the

relevant publication to pay any or all of the costs incurred by the Board in

proceeding under this section.

(4)   

No action to enforce a requirement under this section may give rise to a

40

sentence of imprisonment against any person.

 
 

Right of Reply and Press Standards Bill

10

 

Database and periodic reviews

17      

Database of corrections, etc.

(1)   

It shall be the duty of the Board to establish and maintain a publicly accessible

database of relevant information about editorial material in respect of which—

(a)   

a right of reply has been established in accordance with the provisions

5

of section 8 and a correction has been published in accordance with the

provisions of section 9;

(b)   

a right of reply has been determined by the Adjudicator in accordance

with the provisions of section 11 and either—

(i)   

a correction has been published in accordance with a

10

requirement under section 12, or

(ii)   

proceedings have been instituted under section 16; or

(c)   

a right of reply has been determined by the Board in accordance with

the provisions of section 14 and either—

(i)   

a correction has been published in accordance a requirement

15

under section 15, or

(ii)   

proceedings have been instituted under section 16.

(2)   

Where a correction has been published in accordance with a requirement

under section 12 or an order of the Court under section 16 arising from such a

requirement, the Adjudicator shall inform the Board of the publication of the

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correction as soon as is practicable so as to enable the relevant information to

be added to the database.

(3)   

Where a correction has been published in accordance with a requirement

under section 15 or an order of the Court under section 16 arising from such a

requirement, the Board shall arrange for the relevant information to be added

25

to the database.

(4)   

Relevant information contained on the database may only be removed with the

agreement of the person who made the initial complaint or (if he has died or

lacks the capacity to decide) his next of kin.

(5)   

In this section, “relevant information” means such information as the Board

30

considers appropriate relating to—

(a)   

the relevant publication in which the factual inaccuracy giving rise to

the initial complaint was made,

(b)   

the location within a relevant publication of a correction, and

(c)   

the reasons why a right of reply was established or determined.

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18      

Periodic reviews and research

(1)   

The Board shall prepare and publish periodic reviews of the matters specified

in subsections (3) to (5) and (7).

(2)   

Periodic reviews shall be published with such frequency as the Board may

determine, but at least one review shall be published in the course of each

40

calendar year.

(3)   

The matters specified in this subsection are the Board’s observations on—

(a)   

the overall number of initial complaints; and

(b)   

the number of initial complaints in relation to particular—

(i)   

relevant publications,

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Right of Reply and Press Standards Bill

11

 

(ii)   

persons, and

(iii)   

issues.

(4)   

The matter specified in this subsection is any information held on the database

which, in the opinion of the Board, ought to be brought to the attention of the

public.

5

(5)   

The matters specified in this subsection are the Board’s observations on—

(a)   

the handling of complaints by relevant publications,

(b)   

the activities of the Adjudicator under sections 10 to 12,

(c)   

the activities of the Board under sections 13 to 15, and

(d)   

enforcement under section 16.

10

(6)   

Observations under subsection (5) may be in general terms or may relate to a

particular relevant publication.

(7)   

The matters specified in this subsection are—

(a)   

trends in news coverage,

(b)   

trends in journalism, and

15

(c)   

trends in the readership of relevant publications.

(8)   

For the purposes of preparing that part of a periodic review that relates to

matters specified in subsection (7), the Board may arrange for or support

(whether financially or otherwise) the carrying out of research by others.

Compliance proceedings and enforcement

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19      

Initial compliance proceedings

(1)   

The Board may initiate compliance proceedings under this section (“initial

compliance proceedings”) where the Board considers that any one or more of

the following conditions are met—

(a)   

that the number of initial complaints that has been made in respect of a

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particular relevant publication in respect of which a right of reply has

subsequently been established in accordance with the provisions of this

Act is excessive,

(b)   

that a relevant publication has failed to put in place systems to verify

the factual accuracy of editorial material and in particular to check the

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database and periodic reviews,

(c)   

that a relevant publication has persistently and negligently published

editorial material containing factual inaccuracies in respect of which a

right of reply has previously been established.

(2)   

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.

(3)   

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 compliance proceedings

40

relates within a specified period, and

(b)   

provide such other information as it considers appropriate to the

relevant publication.

 
 

 
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Revised 22 February 2005