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.

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