Official responses

What 'declined to comment' means

Q: Is a Wells submission required?

No. The SEC describes it as a voluntary statement.

Last checked 6 November 2026 · 8 sources

Short answer

'Declined to comment' tells readers that the person or body was asked for a response and chose not to give one. It is a record of the approach, not of guilt. Ofcom's code says a broadcast should make clear when a person approached has chosen not to appear and give their explanation where fairness requires it ¹. ABC guidance says audiences should usually be told that efforts were made to get a response ². In enforcement, a Wells submission is voluntary ⁵.

Ofcom rule: Practice 7.12 of the Broadcasting Code ¹
ABC guidance: Usually tell audiences efforts were made ²
SPJ Code: Fair opportunity to respond, without exception ³
NZ Media Council: Principle 1, a fair voice for the opposition view ⁴
SEC: Wells statement offered as voluntary ⁵
Swiss Press Council: A refusal must be stated in the report, Directive 3.8 ⁸

What the phrase records

A news report that says someone declined to comment is stating that the outlet put the matter to them and they chose not to answer. Codes treat that as a fact the audience should know. Ofcom Practice 7.12 says that where a person approached to contribute chooses to make no comment or refuses to appear, the broadcast should make clear that the individual concerned has chosen not to appear ¹.

The same practice adds that the broadcast should give the person's explanation if it would be unfair not to do so ¹.

The Swiss Press Council's Directive 3.8 makes the same point for the press. If the people affected by serious allegations decline to comment, the text must say so ⁸.

Declined, did not respond and could not be reached

These phrases record different events. 'Declined to comment' means a refusal was received. 'Did not respond' means a request was sent and no answer came. 'Could not be reached' means the outlet could not get the request to the person. The ABC's guidance on fair opportunity to respond tells staff to keep notes of unsuccessful attempts and usually to let audiences know that efforts were made to get a response ².

The ABC says an inability to obtain a response will not prevent it disclosing allegations where it is appropriate to do so ². The SPJ Code asks journalists to diligently provide fair opportunity for subjects to respond to criticism or allegations of wrongdoing ³. The phrase in the story shows the reader that this step was taken.

Phrase	What it records	Code basis
Declined to comment	Approach made and refused ¹	Ofcom Practice 7.12 ¹
Did not respond	Approach made, no answer ²	ABC fair opportunity guidance ²
Chose not to appear	Refused to take part in a programme ¹	Ofcom Practice 7.12 ¹

Fair treatment of a non-participant

A refusal does not end the outlet's duty of fairness. Ofcom Practice 7.13 says that where it is appropriate to represent the views of a person or organisation not taking part, this must be done fairly ¹. New Zealand's Media Council Principle 1 says that in articles of controversy or disagreement a fair voice must be given to the opposition view ⁴.

Silence in official and enforcement processes

Formal processes treat a non-reply differently from journalism. At the SEC, the Wells notice tells the recipient they may give a voluntary statement in writing or on video ⁵. The manual says accepted submissions go to the Commission with any staff recommendation ⁵. FINRA says a respondent may open settlement discussions instead of filing a Wells submission ⁶.

In parliament, a government that misses a committee deadline is expected to explain. UK guidance tells departments to write to the committee with reasons and a timetable when a response will be late ⁷.

Common questions

Does 'declined to comment' mean the person is guilty?

No. It records that the person was asked and chose not to answer. Ofcom requires that choice to be made clear ¹.

Must a broadcaster say why someone declined?

Ofcom Practice 7.12 says it should give their explanation if it would be unfair not to do so ¹.

What does 'did not respond' mean?

That a request was made and no answer came. ABC guidance says audiences should usually be told efforts were made ².

Is a Wells submission required?

No. The SEC describes it as a voluntary statement ⁵.

Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@responseofrecord.com.

Sources

How journalists seek comment under editorial codes
What broadcast codes and editorial standards say about asking the subject of a story to respond before publication: timing, detail and record keeping.
The right of reply explained
What a right of reply is, who can use it, what a medium must publish and when it may refuse, based on Council of Europe texts, EU law and national laws.
Wells notices and Wells submissions explained
How the SEC, CFTC and FINRA Wells process works: what the notice says, time to reply, page limits, meetings and who reads the reply.
How governments respond to parliamentary committee reports
Deadlines and forms for government replies to committee reports in the UK, Canada, Australia, India, the EU and the US, from standing orders and laws.