Special Law On The Exercise Of The Right Of Correction Or Reply.

Original Language Title: LEY ESPECIAL DEL EJERCICIO DEL DERECHO DE RECTIFICACIÓN O RESPUESTA.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-del-ejercicio-del-derecho-de-rectificacion-o-respuesta/archivo_documento_legislativo



1 Decree No. 422 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the article 6 of the Constitution of the Republic, recognizes the right of reply as an integral part of the right to freedom of expression and information, as a protection of the rights and fundamental guarantees of the person.
II.-that complies with the provisions of the same article 6, the exercise of the right of reply, may not mean previous examination or censorship by any authority, information that is disseminated or communicated, since excesses or abuses that exercise might be committed, shall be deducted in subsequent form before corresponding instances.
III. According to article 14.1 of the American Convention on human rights, every person affected by inaccurate or offensive information issued in its prejudice, medium of communication established in the country and that is disseminated to the public in general, have the right to carry out, for the same organ of diffusion, its correction or response in the conditions to establish the law.
IV.-that the Convention cited above, both the Universal Declaration of human rights, the Declaration of principles on freedom of expression, and the jurisprudence of the Inter-American Court of human rights, have argued that the exercise and regulation of the right of correction or reply, at no time should become a valladar for the exercise of freedom of expression and information. Therefore, States should take these instruments, these parameters to enact its own law.
V that by what is expressed in the previous recitals, it is indispensable to comply with the above legal instruments; and enact a law which, in keeping with the foregoing, regulate this matter.
Therefore, use of his constitutional powers and at the initiative of the members: José Antonio Almendáriz Rivas, Norma Cristina Cornejo Amaya, Norma Fidelia Guevara de Ramirios, Benito Antonio Lara Fernández, Douglas Leonardo Mejia Aviles, Mario Antonio Ponce López and Mario Eduardo Valiente Ortiz, also members of the legislature 2009-2012: Guillermo Antonio Avila Quehl, José Nelson saved Menjivar, Santos Guevara Ramos , Ana Guadalupe Martínez Menéndez, Manuel Alfonso Rodríguez Saldaña and Maria Margarita veiled bridges and with the support of members: José Francisco Merino López, Reynaldo Antonio López Cardoza, Abel heads Barrera, José Vidal Delgado Carrillo, Rafael Antonio Jarquín Larios, martyr Arnoldo Marin Villanueva and Ciro Alexis Zepeda Menjívar.

2 DECREES the following: special law of the exercise of the right of RECTIFICATION or response title I provisions initial object article 1.-the object of this law is to regulate the exercise of the right of correction or reply as protection of rights to honor, privacy personal and family and self-image, in concordance with the unrestricted exercise of the freedom of expression and information.
CONCEPT art. 2.-right of reply or rectification is one that is recognized to a natural or legal person when it deemed disadvantaged for information or news that does not correspond to certain facts, which used terms or expressions offensive or offensive, published or disseminated by a means of communication, from third-party or for periods of paid fields. Law that allows this person, require the free insertion of the corresponding correction or reply, by the same means of communication, in a similar way was communicated or published, according to this law.
This right comprises: to) response, as refutation or contradiction of what has been published or disseminated; and, b) rectification, in reply to facts or circumstances which are considered to be wrong and therefore harmful.
INTERPRETATION to FAVOR of the rights of freedom of expression and of information article 3.-in any case, the exercise of the right of correction or reply shall be interpreted, used or considered as a limitation to the rights of freedom of expression and information, enshrined in the Constitution and in all its scope International treaties.
HOLDER of the right of RECTIFICATION or reply article 4.-can exercise this right, any natural or legal person deemed to suffer from an information published or disseminated in any kind of media, including those from third-party or by spaces from fields paid under the terms established in this law.
In the event of death or incapacity of the owner of the right of reply or rectification, this may exercise, only once and for each case, by its representative, spouse, cohabitant or relative up to second degree of consanguinity or first degree of affinity.

3 exception to the exercise of the right of RECTIFICATION or response article 5.-not there to the right of correction or reply to media: to) when opinions are issued in programs or articles published or disseminated, ideas or value judgments, which may particularly arise or be discussed in matters political, literary, artistic, historical, scientific, religious, professional or sports poured through a medium of communication, unless it used terms or expressions that are offensive or offensive;
(b) in any case and under the same conditions referred to in the previous paragraph, when these are issued by anyone other than the means of communication, either an interview or statement;
(c) when the fact that generate information or communication, comes from a space or field paid on any kind of media, which will respond directly the signers or those who have paid the publication or communication; and, (d) when the medium of communication, on its own initiative, has granted the person concerned the rectification or reply, without that it has requested it, complying with the conditions and in the terms established by this law.
EXTENSION of publication or communication to the exercise the right of RECTIFICATION or reply article 6-the right of rectification or reply must be limited and confined to the object of information or news, and the events that led to it only in the relevant to the case. Under no circumstances, means included in the right of correction or reply, any of the other topics related or referred to in the publication or broadcast in reference, when these do not correspond with certainty to the facts, terms or expressions that are inaccurate, offensive, or offensive, that justify the applicant to request rectification or reply, so media will not be required to include any other reference not relevant to the case in the publication or dissemination of the correction or reply.
The request to exercise this right, as well as the publication or diffusion is made, may not contain slanderous, libelous or slanderous terms.
SIMILARITY in publication or communication of the right of RECTIFICATION or reply article 7.-If case of media writings, the publication referred to in the previous article, should be in a similar location and characters used in the article or news that caused it, in correspondence with the space where is mentioned the person that it considers affected without any use for such rectification or response of wood or cover, or may modify the format in which the person who is deemed aggrieved was mentioned.

4. If the means of communication is different from the written, broadcast or communication, it will emit similar space or program and in similar schedule that spread the information or news, where it mentions to the person who is affected, and not means that the diffusion will be part of the owners of the space used for this purpose.
In any case, the broadcasting or communication shall exceed one minute of time of transmission or broadcasting.
Free use of the exercise of the right of RECTIFICATION or reply Art. 8.-all publication or dissemination of the right of reply or rectification will be free for the person injured or handicapped, in accordance with the provisions of the present law.
Title II exercise of the right to exercise of the right of RECTIFICATION or response article 9-the right protected by this law, shall be exercised by written request addressed to the media responsible for the publication or dissemination, through the Manager, editorial director, head of drafting or equivalent, within the period specified in this law; having attached to it, a copy for the purposes of reception on the part of the media.
To facilitate access to this right, the media, will be required to file, for a term of sixty calendar days, copies of their respective publications, audio tapes, videos and digital files, that correspond to their spaces in which disclosed news, talks, interviews, reviews, conferences, presentations, editorials, speeches or debates that have produced, published or disseminated in the Republic of El Salvador. In addition, information managers or signatories of the paid fields.

If that is considered, information or communication from a space or paid field you want to make use of this right, and this does not cubriere on their own costs of the rectification or reply, media meet to certify the applicant names, address and identity document that identifies those responsible for the publication; In addition, the accreditation in the case of legal persons, for the purposes which the interested party deems suitable.
LIMITATION of the exercise of the right of RECTIFICATION or response article 10.-the action, before the respective means of communication, for the exercise of the right referred to in this law, be barred if they are to take fifteen working days from the date of publication or dissemination which has given rise to enforce this right.
Medium-term to publish the RECTIFICATION or response article 11.-the communication must publish or disseminate, in relevant, without comments, apostilles, rectification or response within three working days of receiving the request.

5. If the news or information that is requested to rectify or respond, by the periodicity of the space that was published or disseminated, do not allow to disclose the response within three working days, media must do so in the following space, similar audience and relevance.
EXERCISE of the action procedural article 12.-the procedural action of the right of correction or reply, in the terms expressed in this law, may be exercised, if media: to) refuse to receive the application within a period of three working days of receiving the request;
(b) if having received, is not published or broadcast the correction or response;
(c) do you know expressly to the applicant, that the correction or response, will not be published or disseminated; and, (d) publishes it or disseminates not complying with the provisions of this law.
In the case of third parties or those responsible for spaces or paid fields, the interested party shall exercise the action of the exercise of the right of correction or reply against these.
Which is considered handicapped, should exercise this action within the period of five days following the occurred any of the above circumstances.
Home of the JUDICIAL procedure article 13.-the judges competent to hear the claim of the right of reply or rectification will be Justices of the peace of the place where he has his domicile media or the third person responsible or signer of the paid camp.
The action of the right of reply or rectification will be exercised by letter filed with the Justice of the peace, without the need for signature of director attorney or through Attorney. The writing should contain: a) the designation of the Court who is present;
(b) identification of the applicant;
(c) the means of communication or third responsible for or signer of paid field, which should be called the process, as well as home and general data as appropriate, for the purpose of notifications;
(d) a simple list of facts justifying the reason for the request;
e) the corresponding request; and, 6 f) date and signature.
With the writing you must include copy of receipt of the request, filed in time with the media, stating any conditions regulating Article 12 of this law; If possible, with proofs of publication or communication that you want to correct or respond, or denial of the medium to do it. In both cases, you must attach the intended response or correction.
PROCESSING article 14.-If the request complies with the requirements provided for in the preceding article, the judge, within a period of three working days, enjoined to the media through his legal representative, to third parties who do not belong to the middle and the signatories of the paid fields, depending on the case, giving these, copied from the writing of the application and the evidence or documents submitted, if any.
The intimado may exercise his right of defence by itself or through a legal representative, in order to answer and provide documentation that considers appropriate in one period not more than three days.
Exhausted this time, the judge shall decide on the admission or denial of the application, within a maximum period of three working days.
The resolution to deny the request, shall be final for the respective judge of first instance in civil matters, in the manner and within the period referred to in article 16 of this law.
Once accepted the request, the judge will be mentioned parties, to bring within the third day they the only audience of contribution of evidence and judgment, as provided in the following article.
AUDIENCE contribution of tests and sentence article 15.-the audience for contribution of test and sentence, should celebrate the day and time indicated, giving the parties the evidence in support of its claims.
Only tests that are relevant and able to practice in the Act will be accepted.
With admitted and produced proof, the judge will hear the arguments of both parties, will evaluate the evidence and will issue a ruling, which will be limited to ordering the publication or dissemination of the rectification or reply, if this were relevant and subject to the parameters determined by this law; or to deny it otherwise.
In case of no show this audience the means of communication by means of his representative or Attorney in fact, third responsible or signer of paid field, or that without just cause has not provided the documentation or evidence requested by the judge; This, without further formality will deliver judgment ordering Media publication or dissemination of the correction or reply in the terms and conditions established by this law; in the same way in the case of the third responsible or signatory field paid, to assume the costs of the publication.

7 appeal article 16.-the sentence dictated by the Justice of the peace, it allowed for appeal before the respective Court of first instance in civil matters. This must be brought within five working days of notification of the judgment.
The appealed part will have three days to express to the judge of first instance, the arguments that it deems appropriate. With that answer, or in their absence, the judge will resolve within five days working with view of cars.
ALTERNATE resolution article 17.-in any State and before the decision, the process should be terminated immediately, if media or third party responsible for or signer of paid field defaulting to the respective judge, having published or issued the correction or reply, in the terms established in this law.
OTHER means of communication article 18.-Lo regulated in this law will be applicable, as appropriate, to all electronic or alike, including spaces, forums or the recognized universally as "blogs", in which communicate or disseminate to the public information or opinions through the global computer network, usually referred to as 'internet' media.
To the means indicated in the previous paragraph requests shall be addressed according to the general rule referred to in this law, with the proviso that when one of these media does not have a known place of residence in the territory of the Republic of El Salvador, the obliged to grant the right of correction or reply shall be natural persons or legal responsible for the blog or publication in question , simpe and when to intervene specifically in such content.
Title III provisions General, supplementary application, repeal and effective owner of Rights article 19.-all person is the owner of the rights to freedom of thought and expression. These rights include the freedom to disseminate and receive information and opinions by Word, writing or image, by any means of communication, according to the guarantees and obligations enshrined by the Constitution, the international human rights law and the law.
FREEDOM of expression article 20.-the freedom of expression includes the right of broadcasters to avail themselves of the professional secrecy regarding sources of information of the news that are disseminated in the media, and assist all the laws protecting journalistic activity.

8 incompatibility art. 21.-is incompatible with the right to freedom of expression, censorship, interference or direct or indirect pressure on any expression, as well as the imposition or arbitrary rating of information and the creation of obstacles to the free flow of information, opinion or information transmitted through any means of communication.
LIABILITY medium of communication article 22.-all responsibility of the media shall be limited exclusively to the publication that recognizes voluntary or ordered by the competent judge, and there will be no place to any liability, except in the case of disobedience effects referred to in the criminal code.
SUPPLEMENTARY application article 23.-Lo not foreseen in this law, shall be governed in accordance with the provisions of the common law.
REPEAL

Article 24.-repeal of all provisions contained in other laws that contradict or oppose the provisions of this law.
Entry into force article 25.-the present law shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, eleven days after the month of July in the year two thousand thirteen.
Note: In compliance with the provisions of article 97, paragraph 3 ° of the Interior regulation of this organ of the State, it is noted that the present Decree Nº 422, dated June 11, 2013, which contains law special of the exercise of the right of reply or rectification, same returned with comments by the President of the Republic, on 8 August of the same year solving this Legislative Assembly to accept these observations, in plenary session held on August 15, 2013.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.

9 ROBERTO JOSÉ D'AUBUISSON, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, on the thirtieth day of the month of August two thousand thirteen year.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Gregory Ernesto Zelayandia Cisneros, Minister of the Interior.
D. OR. No. 162 volume Nº 400 date: 4 September 2013 SV/ielp 02-10-2013 legislative index