ADVOKS GLOBAL · KENYA
Defamation Act
7A. Right of reply
Edition: 1992-10-23 · In force
7A. Right of reply
(1)Any person or body of persons shall be entitled to a right of reply to any factual inaccuracy affecting them which has been published in a newspaper and which is damaging to the character, reputation or good standing of that person or body of persons.(2)Where a person or body of persons is entitled to a right of reply under subsection (1) a correction shall be printed in the next possible edition of the newspaper.(3)The correction shall be printed free of charge and be given similar prominence as the item complained of and shall appear at a similar place in the newspaper.(4)The correction must be of such length as is necessary to identify the original item.(5)Any person or body of persons seeking to exercise the right of reply under the provisions of this section shall do so in writing to the editor or publisher of the newspaper within a period of fourteen days from the date of publication of the damaging material:Provided that the right of reply shall not be exercisable after a period of six months from the publication of the relevant damaging material.(6)In any civil proceedings for libel, the court, unless it is of the opinion that any reply under this section is either irrelevant or unreasonable in all the circumstances of the case, shall be at liberty to award an additional amount of damages together with the damages for defamation where the publisher has failed or refused to publish a correction or failed to give it the prominence required by this section.(7)In any civil proceedings for libel instituted by a person or body of persons entitled to a right of reply who or which has failed to exercise such right in accordance with this section the court shall, in the event of it having found in favour of the plaintiff, be at liberty to reduce the amount of damages which it would have otherwise awarded by such sum as the court considers appropriate having regard to all circumstances of the case.