The Executive advances in its fight against hoaxes on the internet and will make it easier for individuals and companies to file a demand without cost to the influencersbut also to traditional and digital media, who refuse to rectify false or inaccurate information.
This Monday, the Ministry of Justice brought to public hearing the Draft Organic Law regulating the right to rectification. This text will modify the current rectification law, of 1984, so that the influencers with more than 100,000 followers on a social network or platform or more than 200,000 followers on different platforms must rectify false information.
Among the new features, it stands out that if the influencers or the media refuses to publish the rectification of the affected person “the presentation of a succinct complaint is permitted” before the courts, that is, one that is filed without the need to hire a lawyer or a solicitor, and that basically contains the identification of the parties and a clear request for what is claimed. The trial will be held in seven days of presentation of the claim and, furthermore, as another novelty, it is established for the first time in the law and in view of the marked jurisprudence that the judge may order a partial estimate (and not complete) of the rectification and allowing value judgments and considerations to be included if they are relevant to clarify the published information.
Main changes
The main changes brought about by this reform of the law are focused on facilitating the right to rectification when information is published on the Internet, either because the author is a digital medium or because it is a influencers. However, all the modifications affect the traditional press in the same way, whether through print, television or radio.
Once the future law comes into force, those affected by false or incorrect information They will have 10 days to request their rectificationbefore there were seven. For the first time, the right to rectification of people with disabilities and the relatives or heirs of deceased people is included.
Enable a mechanism in networks
The rectification will be requested directly from influencers or to the media outlet (without the need to complain directly to the media director, as before). To do this, both social networks and the media on-line They must enable a simple and visible mechanism that allows sending the rectification, knowing that it has been received and its processing status.
Once the medium or influencers receives it, you have three days to rectify.
The rectification must be published in its entirety, with a relevance similar to that in which the rectified information was published or disseminated, without comments or apostilles.
In the event of rectification on social networks, it must be done in a visible place along with the original information and including an express notice that it is a rectification. In the case of a medium on-linethe rectification will be published in a new link, with relevance similar to the original, and also inserting a notice that it is a rectification.
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