President Dilma Rousseff at Planalto Palace (Ueslei Marcelino / Reuters)
President Dilma Rousseff signed with a veto, the law r egulamenta the right of reply in the press. The text, which is published in the Official Gazette (DOU), excels in the interpretation of the Constitution on the right of reply, which states that "to the victim regarding disclosed, published or broadcast by media vehicle are entitled response or correction, free and proportional to the offense. " The new law links the right of reply to the subjective criterion of "offense" felt by the authority, away with that, the requirement that the report is untrue. It is an embarrassment to the free exercise of the press
The vetoed stretch allowed the offense in the case of vehicle of television or radio media, its claim to give response or rectification personally. Dilma claimed that the device could detract from the exercise of the right of reply as it does not set criteria for the personal participation of the victim. "In addition, the project already provides mechanisms so that such right is duly guaranteed," wrote the PT to justify the veto.
For the purposes of the new law, it is considered a matter "any report, note or news disseminated by social communication, regardless of the medium or the distribution platform, publication or broadcast using, the contents watch, even if by mistake information, against the honor, privacy, reputation, the concept, the name, brand or person or entity image identified or capable of identification. "
The Constitution, wiser, established only that "are guaranteed the right of reply, proportional to the offense, besides compensation for property damage, moral or image." Even the controversial press law, issued during the military dictatorship, it was prudent to point out that is not abuse "in the exercise of manifestation of freedom of thought and information unfavorable opinion of criticism, literary, artistic, scientific or sports unless unequivocal intent to insult or slander. "
The law excluded from this definition the comments made by internet users on the electronic pages of the vehicles of social communication.
By law, the person or the offended company will have 60 days to ask for a retraction or correction of information. "If the vehicle media or his answer not to disclose, publish or broadcast the reply or rectification within seven days from the receipt of their application, will remain characterized the legal interest for filing the lawsuit," says text.
The answer should have the same prominent features, advertising, timing and size of material considered offensive if edited in writing or online media. On television or on the radio, the disclaimer must also obey the same characteristics of offensive material, such as duration and territorial scope.
(With Estadão Content)
