original piece. Where incorrect content affects the public interest, the Director can demand
a reply or correction under the same conditions.
Article 28 sets out the grounds for refusing a reply or correction, which are that the error
had already been adequately corrected, the reply or correction was written under a
pseudonym or in a different language than the original piece, the content of the reply or
correction was contrary to the law or to public order or morals, or more than two months
had passed since the original piece was published. According to Article 29, if a foreign
publication refuses to print a reply or correction, the injured party may sue the publication
or its legal representative in Jordan.
According to Article 45(b), the responsible person (i.e. the affected person or the Director)
can file a case in court to enforce these rules while Article 45(c) provides that the Director
may file a case if a foreign publication refuses to provide a reply or correction.
These rules are broadly in line with international standards in this area, which recognise
that replies and corrections are more effective, less intrusive ways of addressing
problematical content than, for example, going to court. However, these rules could be
improved in three ways. First, in recognition of the fact that a correction is less intrusive
than a reply from the perspective of freedom of expression, its use should be prioritised
whenever it is sufficient to resolve the problem. In other words, where a correction will
redress the harm done, it should be the preferred remedy. Second, the scope of the right,
which arises whenever a person is “affected” by incorrect content, is too broad. Better
practice is to limit this to cases where a person has been harmed or his or her legal rights
have been breached. Third, the rule relating to incorrect content affecting the public
interest is problematical. This notion is not well defined and it is not appropriate for a
government official to be able to place mandatory content in a publication. More
professional media outlets will issue corrections whenever they publish content that is
erroneous, but they should not be required by law to do so.
In general, it is preferable not to have special content rules for the press and, instead, for
them to be responsible under laws of general application, such as a civil code, defamation
law or penal code, for illegal content. Many of the content restrictions in the Press and
Publications Law are also found in the Penal Code. However, there is an important
difference inasmuch as breach of the Penal Code rules attracts much heavier sanctions,
often including imprisonment. Inasmuch as these rules protect freedom of the press, they
are therefore useful.
Recommendations:
Ø Instead of including the rules found in Articles 4, 5 and 7 of the Law in a legal
Jordan: Analysis of the Press and Publications Law, 1998, as Amended - 20