How journalists seek comment under editorial codes

Why comment is sought

Seeking comment is the step where a news organisation tells the subject of a story what it plans to say and asks for their response. It differs from a statutory right of reply. A reply under law comes after publication and is written by the person concerned ⁵. Seeking comment comes before publication and is part of the journalist's own fairness duty ^1,3.

Codes treat it as a fairness rule tied to the seriousness of the claim. Ofcom's rule applies when a programme alleges wrongdoing or incompetence or makes other significant allegations ¹. The ABC guidance says the effort should be commensurate with the seriousness of the allegation ³.

What the main codes say

Practice 7.11 of the Ofcom Broadcasting Code says that if a programme alleges wrongdoing or incompetence or makes other significant allegations, those concerned should normally be given an appropriate and timely opportunity to respond ¹. Ofcom's fairness section was last updated on 16 March 2023 ¹.

The Society of Professional Journalists' Code of Ethics, revised on 4 October 2026, says journalists should, without exception, diligently provide fair opportunity for subjects of news coverage to respond to criticism or allegations of wrongdoing ².

ABC editorial standard 5.3 tells staff to make reasonable efforts in the circumstances to provide a fair opportunity to respond. The guidance note was issued on 12 December 2011 and last modified on 26 May 2025 ³.

The German Press Code, in its version of 19 March 2025, requires information to be checked for truth with the care the circumstances demand under Ziffer 2. Unconfirmed reports and rumours must be marked as such ⁴.

The Swiss Press Council's Directive 3.8 says that when serious allegations are made, the people affected must get a chance to respond. Before publication they must be told precisely which criticisms will be published and be given adequate time. Their response need not take as much space as the criticism, but it must be presented fairly in the same report ⁶. Directive 3.9 lets the hearing be waived where the allegation rests on public official sources such as court rulings, was already published with a response, or where an overriding public interest applies ⁶.

Timing and detail

The ABC guidance says the person must be given a reasonable time to respond and that no set formula can or should be fixed. Reasonableness is judged from that person's perspective ³. The person should get enough information to understand the allegation and its basis, and should normally be told the source except where confidentiality is needed ³.

Ofcom's wording, appropriate and timely, leaves the time to the broadcaster's judgment ¹. The SPJ Code does not set a number of hours or days ².

• Put the specific allegation, not a general topic ³
• Give a reasonable time, judged from the subject's position ³
• Keep notes of attempts that fail ³
• Tell the audience that a response was sought, where one was not obtained ³

Representing people who do not take part

Practice 7.13 of the Ofcom code says that where it is appropriate to represent the views of a person or organisation not taking part in a programme, this must be done in a fair manner ¹. The ABC says an inability to obtain a response will not prevent it disclosing allegations where it is appropriate to do so ³.