Common use of Right of reply Clause in Contracts

Right of reply. (1) Providers of telemedia including journalistic edited offers which, in particular, prior to distri- bution, completely or partially reproduce texts or visual contents of periodical print media are re- quired to include in their offers without delay the reply of the person or institution who is af- fected by an assertion of fact made in their offer at no cost to the person affected. The reply must be provided without insertions and omissions in the same layout as the assertion of fact. The re- ply must have the same length as the assertion of fact and be provided in direct conjunction with it. If the assertion of fact is no longer pro- vided or if the offer is discontinued before the reply can be included, the reply must be provid- ed in a comparable position for the same dura- tion as the assertion of fact originally provided. A response to the reply must be limited to fac- tual information and must not be directly linked to the reply. (2) No obligation to include the reply pursuant to (1) arises if: 1. the affected party has no legitimate interest in the reply, 2. the reply inappropriately exceeds the extent of the assertion of fact being refuted, 3. the reply is not restricted to factual infor- mation or includes contents which are lia- ble to prosecution, or 4. the reply, in writing and signed by the af- fected party or its legal representative, is not made available to the provider against whom a right of reply is claimed, without delay, at the latest within six weeks follow- ing the last day of the offer including the refuted text being available, but in any event three months after the offer was first made available. (3) Recourse to law may be sought for enforc- ing the claim to the right of reply which was as- serted in vain. The provisions of the Code of Civil Procedure for the procedure for issuing an injunction are to be applied accordingly for this procedure. Jeopardy to the right of reply need not be proven. Principal proceedings shall not take place. (4) No obligation to grant the right of reply ex- ists in relation to truthful reports about open sessions of the supra-national parliamentary organs, the legislative federal and state organs as well as those bodies and authorities for which the respective state press laws exclude a reply pursuant to press law.

Right of reply. (1) Providers of telemedia including journalistic edited offers which, in particular, prior to distri- bution, completely or partially reproduce texts or visual contents of periodical print media are re- quired to include in their offers without delay the reply of the person or institution who is af- fected by an assertion of fact made in their offer of- fer at no cost to the person affected. The reply must be provided without insertions and omissions omis- sions in the same layout as the assertion of fact. The re- ply reply must have the same length as the assertion of fact and be provided in direct conjunction with it. If the assertion of fact is no longer pro- vided provided or if the offer is discontinued before the reply can be included, the reply must be provid- ed provided in a comparable position for the same dura- tion duration as the assertion of fact originally provided. A response to the reply must be limited lim- ited to fac- tual factual information and must not be directly di- rectly linked to the reply. (2) No obligation to include the reply pursuant to (1) arises if: 1. the affected party has no legitimate interest in the reply, 2. the reply inappropriately exceeds the extent of the assertion of fact being refuted, 3. the reply is not restricted to factual infor- mation or includes contents which are lia- ble liable to prosecution, or 4. the reply, in writing and signed by the af- fected party or its legal representative, is not made available to the provider against whom a right of reply is claimed, without delay▇▇- ▇▇▇, at the latest within six weeks follow- ing following the last day of the offer including the refuted refut- ed text being available, but in any event three months after the offer was first made available. (3) Recourse to law may be sought for enforc- ing enforcing the claim to the right of reply which was as- serted assert- ed in vain. The provisions of the Code of Civil Procedure for the procedure for issuing an injunction in- junction are to be applied accordingly for this procedure. Jeopardy to the right of reply need not be proven. Principal proceedings shall not take place. (4) No obligation to grant the right of reply ex- ists exists in relation to truthful reports about open sessions ses- sions of the supra-national parliamentary organsor- ▇▇▇▇, the legislative federal and state organs as well as those bodies and authorities for which the respective state press laws exclude a reply pursuant to press law.