Right of reply
Right of reply on television and online
Short answer
- EU television
- Directive 2010/13/EU, Article 28 1
- Germany online
- Medienstaatsvertrag § 20 2
- Brazil
- Any platform, user comments excluded 3
- Mexico broadcast
- Same programme and time slot 4
- Spain bill threshold
- 100,000 followers on one platform or 200,000 combined 5
- Spain bill status
- Proposed, published 30 January 2026 5
Television in the European Union
Article 28 of the Audiovisual Media Services Directive applies to any natural or legal person, regardless of nationality, whose legitimate interests, in particular reputation and good name, are damaged by incorrect facts in a television programme 1. The right must exist against all broadcasters under a member state's jurisdiction 1.
The reply goes out within a reasonable time after the request is substantiated, at a time and in a manner appropriate to the broadcast 1. Member states set the procedure and must allow enough time and access for people living in other member states. Disputes must be open to judicial review 1. A request may be rejected if it is not justified, would involve a punishable act, would expose the broadcaster to civil proceedings or would breach public decency 1.
News websites in Germany
Section 20 of the Medienstaatsvertrag binds providers of journalistic and editorial online services 2. The reply is added without undue delay, at no cost and with no extra access fee, in the same format as the claim 2. It stays directly linked to the claim for as long as the claim is online. If the claim is removed, the reply stays at a comparable place for as long as the claim was offered 2.
The written, signed reply must arrive within six weeks of the last day the text was offered, and no later than three months after it was first posted 2.
Brazil and Mexico
Brazil's Law 13.188 covers reports published by a media outlet whatever the means or platform of distribution 3. For print and internet the reply matches the prominence, frequency and size of the original. For radio and television it matches the duration 3. Comments by internet users on media websites are outside the law 3.
Mexico's law requires broadcast replies in the same programme and time slot, with similar features 4. Print replies run in full on the same page. Replies may not exceed the time or space of the original except by agreement 4.
Spain's proposal for platforms
A government bill published by the Congreso de los Diputados on 30 January 2026 would replace Spain's 1984 rectification law 5. It would cover digital media and users of special relevance on online platforms. Those are users who, when posting, have at least 100,000 followers on one platform or 200,000 across platforms 5.
The request window would rise from seven to ten calendar days, and to 20 calendar days for digital media and large accounts 5. Publication would be due within three calendar days 5. On a platform the rectification would appear in a visible place beside the original, with a notice that it is an exercise of the right, and the original would carry a notice and a link to the rectification 5. Digital media would publish a new link and add a notice in their archives 5. The bill is a proposal, not law.
| Jurisdiction | Medium | Request deadline | Publication rule |
|---|---|---|---|
| European Union | Television | Set by member states 1 | Reasonable time, matching the broadcast 1 |
| Germany | News websites | Six weeks after last day online, three months maximum 2 | Linked to the claim, same format 2 |
| Brazil | All platforms | 60 days 3 | Same prominence and size or duration 3 |
| Mexico | Print and broadcast | 15 business days 4 | Same page or same programme and slot 4 |
| Spain (bill) | Digital media and large accounts | 20 calendar days proposed 5 | Beside the original with notice and link 5 |
Common questions
Is there an EU-wide right of reply for online news?
Article 28 of the AVMSD covers television broadcasters 1. Online news rules are national, such as Germany's section 20 2.
Do influencers have to publish rectifications in Spain?
Only if the January 2026 bill becomes law. It would cover users with 100,000 followers on one platform or 200,000 combined 5.
Does Brazil's law cover social media comments?
Comments by users on media websites are excluded 3.
How long must a German website keep a reply online?
For as long as the claim is offered, linked to it 2.
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
- EUR-Lex: Directive 2010/13/EU (Audiovisual Media Services Directive), consolidated version of 18 December 2018
- Bayern.Recht: Medienstaatsvertrag (MStV) § 20 Gegendarstellung (text valid from 1 December 2025)
- Câmara dos Deputados: Lei nº 13.188, de 11 de novembro de 2015 (norma atualizada)
- Cámara de Diputados: Ley Reglamentaria del Artículo 6o., Párrafo Primero, de la Constitución Política de los Estados Unidos Mexicanos, en Materia del Derecho de Réplica (last reform DOF 14 November 2025)
- Congreso de los Diputados: BOCG Serie A Núm. 83-1, Proyecto de Ley Orgánica reguladora del derecho de rectificación (30 January 2026)
Related
- The right of reply in Germany (Gegendarstellung)
How the German Gegendarstellung works under state press laws and the Medienstaatsvertrag, with deadlines, length rules and court routes.
- The right of reply in Brazil (Law 13.188 of 2015)
How Brazil's direito de resposta works under Law 13.188 of 2015: 60-day request window, 7-day publication period, court rite and the 2021 ruling.
- The right of reply in Mexico (derecho de réplica)
How Mexico's derecho de réplica works under the 2015 law: request deadlines, publication rules, refusal grounds, fines and the 2018 court ruling.
- How formal replies are published
Rules on where and how a reply must appear: same prominence, same typeface, no comment, archive links, Command Papers and tabled responses.
- 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.