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Right of Reply for UK Journalists: Process, Timing & Templates

How to offer a proper right of reply, record your attempts, and use it to build a robust defamation defence under NUJ Code Clause 3 and the Defamation Act 2013.

Information, not legal advice. Right of reply questions often arise in a defamation context. If you have received a complaint, take legal advice before responding. Read our full disclaimer.

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What is the right of reply and why does it matter legally?

The “right of reply” is the professional practice of seeking the comment, denial, or explanation of the subject of a critical or potentially damaging story before publication. It is not a legal right in the sense that a subject can prevent you publishing — but the process of offering it, documenting it, and publishing the response where appropriate is central to both your ethical obligations and your legal defences.

NUJ Code of Conduct Clause 3 requires members to “do their utmost to correct harmful inaccuracies” — a duty that extends to accuracy at the pre-publication stage. IPSO Editors’ Code Clause 1 requires that the press does not publish inaccurate, misleading, or distorted information and must take care not to do so. Clause 2 (Privacy) also recognises the public interest in investigative journalism.

Legally, the right of reply is an important component of the publication on a matter of public interest defence under s.4 Defamation Act 2013. When a court assesses whether you believed publication was in the public interest and behaved responsibly in the circumstances, it will look at whether you sought and published the subject’s response. This test echoes the twelve “Reynolds factors” from the pre-2013 common law defence.

A well-documented right of reply also demonstrates good faith to IPSO and to any potential claimant’s solicitor at the pre-action protocol stage. “Our journalist sought comment from your client on [date] by [means]; no response was received” is a powerful opening line in a legal response.

When the right of reply is most important

  • Any story making a factual allegation capable of lowering a person's reputation in the eyes of right-thinking members of society.
  • Stories based on confidential or leaked information that the subject may be able to refute or contextualise.
  • Investigations into private companies, public bodies, or institutions where your information came from a single source.
  • Stories involving sensitive personal allegations — financial impropriety, sexual misconduct, criminal conduct.
  • Any piece that you intend to rely on the s.4 public interest defence if challenged.
  • Stories where the subject is a private individual rather than a public figure — the bar for "responsible journalism" is higher.

Red flags: when your right of reply process may be inadequate

  • You sent a single email to a general contact address and published when there was no reply within a few hours.
  • You gave a deadline shorter than reasonably necessary for the subject to take legal advice before responding.
  • The email setting out the specific allegations was too vague — the subject cannot address what they don't know they're being asked about.
  • You only contacted a PR spokesman and never attempted to reach the named individual directly.
  • You failed to include specific allegations — only a general question — leaving the subject unable to give an informed response.
  • You published without recording your attempts, so you cannot prove you made them.
  • You received a substantive denial and published without addressing it in the story.

Right of reply process checklist

  • Identify all individuals and organisations that are the subject of a material allegation in your story.
  • Draft a right of reply letter that sets out each specific allegation you intend to publish, clearly and accurately.
  • State your intended publication date and give a realistic deadline for response — at least 24–48 hours for breaking news, 5 working days for planned investigations.
  • Send by email and, where possible, follow up by telephone — document the call time and outcome.
  • Send to the correct person: ideally the named individual, then their PR representative, then their solicitor if they have one on record.
  • Keep a timestamped record of every attempt: email send receipts, read receipts, call logs.
  • If there is no response by the deadline, make at least one further attempt and record it.
  • Publish the substance of any denial or response fairly in the article — do not bury it.
  • If the subject responds with new facts, verify them before publication. Do not publish denials you know to be false.
  • Keep the full exchange in your editorial file permanently — it may be needed years later in litigation.
  • Where a response is received post-publication, assess whether it merits a follow-up article or a correction.

Tools for the right of reply process

Use the right of reply generator to draft a professional, legally defensible request for comment, and the corrections generator for post-publication accuracy obligations.

Common right of reply mistakes

  • Treating the right of reply as a box-ticking formality rather than a genuine opportunity for the subject to respond.
  • Being too vague in the right of reply letter — the subject must know what specific allegations they are being asked to address.
  • Giving an unreasonably short deadline and then citing non-response as evidence of guilt.
  • Publishing a denial without addressing it — simply noting "Mr X denied the allegations" without any engagement with their substance.
  • Failing to keep records that prove you made the attempt — you may need them years later.
  • Not updating the right of reply when the story changes significantly between the initial approach and publication.

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Frequently asked questions

Is there a legal obligation to offer a right of reply before publishing?
There is no absolute legal requirement in statute, but offering a right of reply is central to building the public interest defence under s.4 Defamation Act 2013 (formerly the Reynolds defence). The court will ask whether you sought and published the subject's response or explanation, and whether you did so with sufficient time and detail. Failing to offer a right of reply weakens your s.4 defence significantly. It is also required by the NUJ Code and IPSO Editors' Code.
How long should I give someone to respond?
There is no fixed rule. The "reasonable opportunity to respond" standard from s.4 Defamation Act 2013 depends on the circumstances. For a breaking investigation where delay would prejudice the public interest, 24–48 hours may be sufficient. For a long-form feature or exposé on a business or public body, 5 working days is more usual. For a story about a private individual facing serious allegations, consider whether they need time to seek legal advice and allow for it.
What if the subject refuses to respond or says "no comment"?
"No comment" is a valid response and must be reported as such. You cannot infer guilt or awareness from silence, but you can note in your story that the subject was approached for comment and declined. Record the date, time, and method of each attempt. If your right of reply email bounced, call their office. Document all attempts so that, if challenged, you can show you made every reasonable effort.
Can I publish the full text of the subject's response even if it includes threats?
You can quote from the response with appropriate editorial care. If the response contains threats, denials, or factual claims you have not verified, you should be careful about treating those claims as assertions of fact. Make clear whose words they are, and consider whether publishing a threatening response could itself expose you to risk. Take legal advice if the response raises new legal threats.
Does a right of reply offered post-publication protect me from an IPSO complaint?
A post-publication right of reply is handled differently to a pre-publication opportunity to respond. Under IPSO Editors' Code Clause 1, once a significant inaccuracy has been established, the obligation is to correct it promptly. If the story is accurate but the subject wishes to comment after publication, the question is whether publishing that response is editorially warranted. See our corrections page for the distinction between corrections and post-publication right of reply.

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