Right of reply
The right of reply in Brazil (Law 13.188 of 2015)
Short answer
- Law
- Lei nº 13.188, de 11 de novembro de 2015 1
- Request window
- 60 days from each publication or broadcast 1
- Outlet's period
- 7 days from receipt of the request 1
- Court ruling
- Within 30 days of filing 1
- Cost
- Free and proportional to the harm 1
- 2021 ruling
- ADI 5.418, judged 11 March 2021 3
What the law covers
Article 2 gives the right to any person offended by material published or broadcast by a media outlet 1. Material means any report, note or news item, whatever the platform, whose content harms the honour, privacy, reputation, name, brand or image of an identified or identifiable person or company, even by mistake 1.
Comments posted by internet users on media websites are excluded 1. A voluntary retraction or correction by the outlet does not stop the person from exercising the right or from suing for moral damages 1.
How to request a reply
- Send the request by letter with proof of receipt directly to the outlet within 60 days of each publication 1
- The request can go to every outlet that published or republished the original material 1
- A legal representative may act for a company or a person lacking capacity 1
- A spouse, descendant, ascendant or sibling may act if the person is abroad or died after the publication 1
- For continuous publication of the same material, the 60 days run from the start 1
Form of the reply
For print and the internet, the reply must have the prominence, publicity, frequency and size of the original. For television and radio it must match the original's duration 1. If the original reached more than one municipality or state, the reply gets proportional reach. The person can ask for the same space, day of the week and time slot 1.
A reply published in breach of these rules is treated as not having been published 1. A reply unrelated to the original material is not admitted 1. A provision letting the person deliver a broadcast reply in person was vetoed on 11 November 2015. The veto message said the clause set no criteria for personal participation 2.
The special court rite
If the outlet does not publish within 7 days of receiving the request, the person has legal standing to sue 1. The court is in the person's home district, or where the material had the greatest impact 1. The case must be decided within 30 days, and it runs during court holidays 1.
The Supreme Federal Court ruling
Article 10 originally allowed an appeal court to suspend a reply order only after a prior collegiate ruling 1. In ADI 5.418, judged on 11 March 2021, the Supreme Federal Court held the words 'em juízo colegiado prévio' unconstitutional 3. A single judge of the appeal court may now decide on suspension. The court upheld Articles 2 paragraph 3, 4, 5 paragraph 1 and 6 items I and II 3. The Câmara notes that ADIs 5.415, 5.418 and 5.436 were published in the official gazette on 25 March 2021 1.
The ruling recalled that in ADPF 130 the court had found the old press law incompatible with the 1988 Constitution, and that the constitutional right of reply applies directly 3.
International basis
Article 14 of the American Convention on Human Rights gives anyone injured by inaccurate or offensive statements in a legally regulated medium the right to reply or correct through the same outlet, under conditions set by law 4. On 29 August 1986 the Inter-American Court said Article 14(1) recognises an internationally enforceable right 5.
Common questions
How long do I have to ask for a reply in Brazil?
60 days from the date of each publication or broadcast 1.
Can I ask for a reply to a comment on a news site?
No. User comments on media websites are excluded 1.
What if the outlet ignores my request?
After 7 days without publication you may file a special court action, which must be decided within 30 days 1.
Does the outlet's own correction end my right?
No. A voluntary correction does not prevent a reply or a claim for moral damages 1.
What did the Supreme Federal Court change in 2021?
It struck out the requirement for a prior collegiate ruling before an appeal court could suspend a reply order 3.
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
- Câmara dos Deputados: Lei nº 13.188, de 11 de novembro de 2015 (norma atualizada)
- Câmara dos Deputados: Lei nº 13.188, de 11 de novembro de 2015, Veto, Mensagem nº 478 de 11 de novembro de 2015
- Senado Federal: Acórdão da Ação Direta de Inconstitucionalidade nº 5.418 de 11/03/2021
- Organization of American States: American Convention on Human Rights, Pact of San José, Costa Rica (B-32)
- Inter-American Court of Human Rights: Advisory Opinion of 29 August 1986, Enforceability of the Right to Reply or Correction (Arts. 14(1), 1(1) and 2 American Convention on Human Rights)
Related
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How Mexico's derecho de réplica works under the 2015 law: request deadlines, publication rules, refusal grounds, fines and the 2018 court ruling.
- Statutory right of reply by country
How France, Germany, Spain, the EU and the US treat the right of reply in law, with deadlines, length limits and court routes from official texts.
- Right of reply on television and online
How reply laws reach broadcasters, news websites and large social media accounts in the EU, Germany, Spain, Brazil and Mexico, with deadlines.
- 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.