Demanding a rectification: how to force a correction
There is an article online that is not accurate. A news site has published accusations without any factual basis. Or a television programme has twisted your words. The damage has been done, but you want the facts put right. A rectification is the way to do that.
You can demand a rectification following an unlawful publication either by letter of claim or through summary proceedings before the court, on the basis of Article 6:167 of the Dutch Civil Code. In my practice I find that a well-drafted letter is regularly enough on its own. But sometimes the court has to be involved, and then it matters that you are properly prepared.
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What is a rectification?
A rectification is a public correction of an item published earlier. The person who published acknowledges that the earlier reporting was inaccurate or careless and publishes a correction. The statutory basis is Article 6:167 of the Dutch Civil Code.
What sets a rectification apart from a quiet amendment or removal is the open acknowledgement: the item was wrong, and that is said publicly. The publisher admits that what was published earlier was not correct. This not only corrects the item, it also restores your name with the audience that saw the original.
When can you demand a rectification?
A rectification is called for where a publication is factually incorrect, or paints a misleading picture because essential information is missing. The medium makes no difference: a podcast, a blog post, a post on Instagram, all of it falls under the same standard. An unlawful post on Instagram or LinkedIn can be rectified just as readily as a piece in a national newspaper. The medium is irrelevant. The content is not.
The court looks at two questions: are the facts correct, and are you suffering harm as a result?
A publication does not, incidentally, have to be wholly untrue to qualify for rectification. An article that paints a misleading picture by leaving out essential context can also provide grounds. Think of a suggestively framed item that leads the reader to a false conclusion, while the individual facts are technically correct.
Opinions are an exception. A pure opinion cannot be rectified, because there is no factual inaccuracy. But where someone presents a fact as an opinion, or dresses an opinion up as a fact, that line shifts.
How do you demand a rectification?
Most cases do not begin in court. Start at the source: contact the journalist, the editorial team or the website administrator and point out the factual inaccuracies. Explain concretely what is wrong and what the correct account is. With clear factual errors this is often enough on its own. Journalists and editors generally do not want inaccurate information sitting online. The advantage of this route is speed and low cost, but if the editors do not cooperate you have no legal lever.
Does direct contact not work? Then the next step is a letter of claim from a lawyer. Such a letter explains why the publication is unlawful and requires the publisher to place a rectification within a set period, with summary proceedings as the consequence if that does not happen. A letter of claim from a lawyer carries a different weight than a request of your own. Editors know that proceedings may follow. Most cases end here. No hearing, no judgment.
Does the publisher fail to respond or refuse to rectify? Then you can claim a rectification in summary proceedings before the court. The court assesses whether the publication is unlawful and whether a rectification is appropriate. If the court grants your claim, the judgment sets out exactly what the rectification must say, where it must be placed, how long it must remain visible and in what typeface. A penalty payment is attached to the order, for each day or each breach where the publisher fails to comply with the judgment.
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What should you watch out for in a rectification claim?
Draft the wording of the rectification carefully. The court can amend the text you claim if it goes too far or is too vague. A claim drawn too broadly is more likely to be refused. Claim concretely and proportionately.
The rectification must also appear in a comparable place to the original item. An article on the front page justifies an equally prominent rectification. A post on social media calls for a rectification on that same platform, for the same audience.
And then there is something I always discuss with clients: do you actually want a rectification? Sometimes a rectification draws fresh attention to the original item. In that case removal can be more effective. Which remedy is the right one depends entirely on your situation.
Need help demanding a rectification? Get in contact with Merel Teunissen for a conversation without obligation about your options.
