The Broadcasting Authority of Ireland (BAI) recently published its Draft BAI Right of Reply Scheme (Draft Scheme). The Draft Scheme, once implemented, will provide for the broadcast of a Right of Reply Statement which will facilitate the correction of incorrect information which has been broadcast and which has resulted in a person’s honour or reputation being impugned.
The draft scheme, published on January 11th details how the proposed process for exercising a Right of Reply would work and how the public can utilise the Right of Reply Scheme. The Draft Scheme also outlines the review process in cases where a Right of Reply has been refused by a broadcaster.
A Right of Reply is about the correction of incorrect information, the broadcasting of which has impugned a person’s honour or reputation; it does not provide for the broadcast of an alternative or contrary opinion. In other words, a person may not be satisfied with the manner in which a broadcaster has relayed information about him/her, but a Right of Reply will not be granted unless the information is factually incorrect such that their honour or reputation have been impugned.
The document outlines the objectives of the Right of Reply scheme, which include
an ensurance that the process for the exercise of a Right of Reply under this Scheme, is transparent, fair, and clearly understood both by broadcasters and people seeking to access the Scheme and a proposal that the process for the correction of facts or information, is conducted efficiently and effectively and in line with the timeframe set out in legislation.
The draft scheme also features Consultation Questions along the lines of ‘Does the introduction to the Right of Reply Scheme clearly set out what a Right of Reply is, why it has been established and what the Statutory Scheme is about?’ and ‘What are your views on the aim and four objectives proposed for the Right of Reply Scheme?’, the responses to which should be forwarded on to the BAI.
Speaking about the Draft Scheme, the BAI’s Chief Executive Michael O’ Keeffe commented that:“The Scheme will provide an opportunity for a person to exercise his/her right to the correction of incorrect information, the broadcast of which has impugned that person’s honour or reputation, but without recourse to legal proceedings which may prove time-consuming and costly.”
A copy of the Draft Scheme viewed on the BAI website at www.bai.ie/pdfs/201101_draft_ror_vfinal%20%282%29.pdf or obtained from the BAI’s offices at 2-5 Warrington Place, Dublin 2. Responses can then be posted to the BAI or emailed to consultations@bai.ie . All responses should reach the BAI on, or before, close of business on Friday 4th February 2011