E/CN.4/1996/72/Add.3
page 47
The innovation brought by the Act of 13 July 1990 is the recognition
that these associations can exercise the right of reply in place of the
persons defamed, either in the press or on radio or television.
Right of reply in the press
A new article 13-1 has been inserted in the 1881 Act to enable
associations meeting the conditions of article 48-1 to exercise the right of
reply "when a person or group of persons have been subjected, in a newspaper
or periodical, to charges which may injure their honour or reputation on
account of their origin or membership or non-membership of a particular ethnic
group, nation, race or religion".
The Act does, however, place two limitations on the power of the
associations.
First, when the accusation concerns persons treated individually, the
association cannot exercise the right of reply unless it is able to show that
it has their consent. Some victims may feel that the best answer is to remain
silent, in order to protect their privacy, rather than give greater and
renewed emphasis to the charges with the publication of a clarification.
Secondly, in order to avoid cumulative or repeated proceedings,
article 13-1 provides that, where a reply has been published at the request of
an association under the terms of article 48-1, "no association may demand the
insertion of a further reply".
Right of reply on radio or television
The exercise of this right raises specific technical problems. The
legislation providing for the exercise of the right of reply on radio or
television is Act No. 82-652 of 29 July 1982, as amended by the Act
of 30 September 1986 and supplemented by a decree of 6 April 1987.
Article 6 of this Act has been supplemented by the Act of 13 July 1990
to permit associations meeting the conditions of article 48-1 of the Press Act
to exercise the right of reply when the defamatory remarks concern a person or
group of persons. This text is couched in the same terms as article 13-1 of
the 1881 Act and contains the same limitations: consent of the person in
question and prohibition of further claims once a reply has been broadcast at
the request of an association.
IV.
PROSPECTS FOR LEGISLATION
A preliminary draft of a law to combat the dissemination of racist or
xenophobic ideas is in preparation. This draft was submitted for comment, in
the process of its elaboration, to the National Consultative Commission on
Human Rights.