Discover the key new features of the new rectification law
The Draft Organic Law regulating the right of rectification, approved on December 17 in Spain, introduces important changes to ensure that individuals and companies can correct false or inaccurate information in the digital and traditional environment.
This article covers everything you need to know about this regulation: what it is, who it affects, how it works, possible penalties, deadlines and frequently asked questions.
What is the draft rectification law?
The Draft Organic Law regulating the right of rectification updates the regulations in force since 1984 to adapt them to the current context, where the Internet and social networks play a predominant role in the dissemination of information.
Its main objective is to protect people and entities affected by false or inaccurate information, facilitating a fast and accessible process to request corrections.
This initiative is part of the Action Plan for Democracy, specifically in its measure 2.4.2, which seeks to guarantee transparency and truthfulness in the information field.
Predecessor law
The draft seeks to replace the Rectification Act 1984, which focused mainly on traditional media, becoming outdated in the digital environment.
In the history of the application of the 1984 law, there are cases where corrections were ordered in the written press due to false news that affected the reputation of individuals or companies.
Any person, natural or legal, has the right to rectify information disseminated, by any means of social communication, regarding facts that concern him or her, that he or she considers inaccurate and whose disclosure may cause him or her harm.
The right of rectification may be exercised by the injured party in question or his or her representatives and, if the injured party has died, by his or her heirs or their representatives.
Art 1 Organic Law regulating the right of rectification 1984
Number of articles in the new law
The preliminary draft consists of 7 items, one less than Organic Law 2/1984, which has 8 articles.
Who is affected by this law?
Traditional and digital media
The law will apply to all media outlets that disseminate information on a mass scale, whether through traditional formats such as newspapers, television and radio, or through digital platforms such as news websites or blogs.
Influencers and content creators
One of the main novelties is the Inclusion of influencers.
The regulations will affect those who have more than 100.000 followers on one social network or 200.000 followers combined across multiple platforms.
These content creators will be required to correct incorrect information with the same rigor as traditional media outlets.
Among the most notable social networks we find:
- X
- TikTok
object lesson
If an influencer has 60.000 followers on a social network, in principle, there would be no problem. However, if he or she has 60.000 followers on 4 different social networks like those mentioned above, he or she would exceed 200.000 and therefore, would be affected by this regulation.
Affected companies and individuals
Any natural or legal person who considers that information disseminated about them is false, inaccurate or harmful may resort to this law to request a rectification.
This includes both individuals and companies.
Benefits for people with disabilities and relatives of deceased
One of the most notable additions to this regulation is the Inclusion of specific provisions to protect people with disabilities and relatives of deceased persons.
Rights of subjects whose relatives have died
Heirs and close relatives now have the possibility of requesting rectification of information that affects the honor or memory of the deceased person.
This measure ensures that even after death, people are protected from the spread of inaccurate or harmful content.
These provisions not only strengthen the scope of the law, but also consolidate a commitment to equality and inclusion in access to justice.
New developments in procedures and deadlines
How to request a rectification
- Initial request: Prior to this draft, the affected party had to send a request for rectification directly to the person responsible for the publication.
Thanks to the draft organic law, will be removed formalities like this (initial request) or the need for a written response to initiate the judicial process.
- Mechanism enabled: Digital media and social networks will be required to have clear, visible and simple mechanisms so that users can make these requests. They must also notify when they correct a news item and link it to the original.
The right will be exercised through the sending the rectification letter to the director of the media outlet within seven days natural days following the publication or dissemination of the information to be rectified, in such a way as to allow proof of its date and receipt.
The rectification must be limited to the facts of the information to be rectified. Its scope shall not substantially exceed that of the information, unless absolutely necessary.
Art 2 Organic Law regulating the right of rectification 1984
New deadlines established by law
- Those affected will have 10 days since the publication of the information to request rectification (previously there were 7).
- If the correction is not made within the specified period, the affected party may file a simplified legal claim.
Simplified court ruling
The law introduces a streamlined and accessible procedure to ensure that the right to rectification is complied with.
- Brief demand: Another novelty is that it will be possible to present without the need for a lawyer or attorney. Simply identify the parties and specify what is requested.
- Deadline for trial: The trial will be held within a maximum period of 7 days after the filing of the lawsuit.
- Partial resolution: The judge may order a partial rectification if he or she considers that some aspects of the original information are true.
Requirements for rectification
- Visible post: The correction must be made in a place with the same relevance as the original information.
- Clear format: On social media, a visible notice must be included alongside the original content.
- No comments: It is not permitted to add annotations or comments to the rectification.
Possible sanctions
Failure to comply with the obligations established by law may lead to sanctions, such as:
- Judicial obligation to rectify: The judge may order the publication of a partial or total rectification.
Impact of the law on digital society
This legislation aims to mark a turning point in the regulation of content on the Internet, strengthening the rights of users and promoting a more responsible information environment.
Key benefits
- Greater protection for people with disabilities and relatives of the deceased.
- Faster and more accessible procedures.
Potential challenges
- Difficulty in implementing effective mechanisms in social networks.
- Risk of abuse of the right of rectification by third parties.
Frequently asked questions
No, it also includes inaccurate or misinterpreted information that may cause harm.
Yes, heirs or close relatives of a deceased person have the right to request correction.
No, the simplified procedure allows you to file a claim without the need for a lawyer or attorney.
The affected party may appeal to the courts to demand compliance with the rectification.
It sets short deadlines and a rapid judicial procedure, as well as sanctions for those who fail to comply.
Conclusion
The implementation of this new rectification law would represent a step forward in the protection of citizens' rights in the digital and traditional environment.
Its focus on speed, accessibility and adaptation to new forms of communication guarantees greater control over the dissemination of false or inaccurate information.
And you, do you think that this new law will yield positive results?
