Approval of the Preliminary Draft of the Right of Rectification Law, extending its application to digital media and influencers
We live in the information age, where the internet and social media have become the main source of news and opinions for a large part of the population. Content creators, colloquially known as influencers, have enormous power to disseminate information, allowing them to publicize or viralize information in a very short period of time.
This immediacy and accessibility, however, has also led to the rapid spread of false or inaccurate information, which can seriously damage people’s honor and reputation. To face this challenge, the Council of Ministers has recently approved the Preliminary Draft of the Organic Law Regulating the Right of Rectification, an update that seeks to adapt this fundamental tool to the digital reality of the 21st century.
Adapting a fundamental law to new information technologies
The right of rectification, enshrined in Organic Law 2/1984, of March 26, is a fundamental pillar for the exercise of the right to truthful information. It allows any person affected by the dissemination of inaccurate or offensive information in a media outlet to request the publication of a rectification that clarifies or corrects the facts.
However, the 1984 law was conceived in a very different context than the current one, where digital media and the internet did not exist. The rise of social media, blogs, online news platforms, and the figure of the influencer have radically transformed the information landscape, creating new challenges for the protection of honor and reputation.
Reinforcing the right to truthful information and honor
Disinformation and fake news have become a major problem in today’s society. The virality of fake news can cause irreparable damage to people’s image, with consequences ranging from online harassment to the loss of job opportunities.
In view of this situation, the Preliminary Draft of the Right of Rectification Law seeks to strengthen the protection of the right to truthful information and honor, recognizing that the damage caused by false information in the digital environment can be even more serious than in traditional media.
New features of the preliminary draft
The Preliminary Draft Law introduces a series of significant modifications to update the right of rectification and make it more effective in the digital age:
1. Extension of the scope of application to digital media and influencers
- Digital media: the new law will apply to all social media, including digital media such as online newspapers, blogs, news websites and social networks.
- Influencers: the law will also be extended to influencers who have more than 100,000 followers on one platform, or 200,000 cumulatively on several, recognizing the great influence they exert on public opinion.
2. Simplification of the application process
- Elimination of requirements: the obligation to address the director of the media outlet to request rectification is eliminated, making the process easier for the citizen.
- Accessible mechanisms: digital media and platforms hosting influencers must establish easily accessible mechanisms for citizens to request rectification.
3. Relevance and visibility of the rectification
- Full dissemination: the rectification must be disseminated in full, without comments or additions, and with a relevance similar to that of the original publication.
- Rectification notice: on platforms and digital media, a notice must be included that the information has been rectified, linking the rectification and the original information.
4. Extension of deadlines
The deadline for requesting rectification is extended from seven to ten days.
5. Penalties
Penalties are established for those media outlets or influencers who violate the law, ensuring its effective compliance.
The approval of the Preliminary Draft of the Right of Rectification Law represents a significant step forward in the protection of the right to honor and reputation in the digital environment.
However, it seems necessary to clarify that this regulation is not without controversy. There is widespread concern that, by extending its scope to digital media and influencers, it could limit freedom of information.
Critics argue that the law could be used to restrict freedom of expression and public debate, especially on controversial issues. There is a fear that the rectification process, while seeking to protect honor, could be used to silence dissenting or critical opinions, creating a chilling effect on the publication of information, even if it is true.
It is argued that the vagueness in the definition of “false or inaccurate information” could lead to subjective interpretations, allowing political or economic power to influence the editorial line of the media and the activity of influencers. This concern is compounded by the possible overlap with the “Gag Law”, which has already been criticized for its potential to restrict freedom of expression. The debate centers on finding a balance between the protection of honor and the guarantee of freedom of information, fundamental rights that must be preserved in the digital age.
