Question

What is a right of reply?

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Answer

The opportunity for someone criticised in a report to respond before publication — and in UK practice it is an editorial and regulatory expectation rather than a general legal right, which surprises people.

What it involves in practice. Before publishing allegations about a person or organisation, a journalist puts the substance to them, sets out what will be reported, and gives a reasonable period to respond. The response is then included.

Why it exists, and the reasons are practical as much as ethical:

Accuracy. The subject frequently knows something the reporter does not, and a substantial proportion of intended stories change materially at this stage — occasionally collapsing entirely, which is the process working.

Fairness, which the Editors' Code and the Ofcom Code both require in different terms.

Legal protection. For a defamation claim, the public interest defence under the Defamation Act 2013 turns on whether the defendant reasonably believed publication was in the public interest, and putting allegations to the subject is strong evidence of reasonable conduct. Not approaching them is one of the most damaging facts in a defamation case, which is why the practice is close to universal in serious journalism regardless of ethics.

Ofcom's fairness rules require broadcasters to offer an appropriate and timely opportunity to respond to significant allegations, and complaints of unfair treatment are among the more commonly upheld categories.

What it does not give:

A veto. The subject cannot prevent publication by objecting, and an unanswered approach does not stop the story.

A right of equal space, or to dictate how the response is presented.

Unlimited time. "Reasonable" depends on the story's urgency and complexity, and organisations sometimes use delay tactically, which journalists anticipate.

Approval of the article.

Why "did not respond to a request for comment" matters. That sentence records that the process was followed, and it is not merely a formality — its presence or absence tells a reader something about how the story was reported.

Some countries have statutory rights of reply with enforceable rules on placement and prominence; the UK does not, relying on regulation and the incentives created by defamation law.

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