Demanding a correction in summary proceedings
Acting quickly is important
A demand to correct an unlawful newspaper article, an unlawful accusation on the internet or on social media platforms like Facebook and Twitter is almost always made through summary proceedings. Of course, this is primarily due to the urgent nature of such claims; waiting for the outcome of a full trial would make a correction too little, too late.
No time to present evidence
Demanding a correction in summary proceedings is a unique challenge. Because there’s no time to present or evaluate evidence and decisions must be made quickly, it’s crucial that the facts are presented as clearly as possible to the preliminary relief judge.
Moreover, it’s important not to overreach. For instance, requests for an advance on damages are rejected in most summary proceedings for correction. The opposing party might interpret such a rejection as a partial victory. A ‘clean victory’ is particularly important in these kinds of legal battles.
The wording and placement of the correction
Lawyers must also think carefully about the wording and placement of the correction. A correction that goes too far can be modified by the judge in the ruling. If the correction is to be placed on a website, it’s crucial that it is located where visitors will actually encounter it. The homepage is usually preferred.
Other important aspects of correction
However, a lawyer demanding a correction must also anticipate that the judge will consider other important factors in their ruling, such as the length of time the correction must remain on the website, the font type and size, and the requirement that the party posting the correction refrains from commenting on it.
A hefty fine should be attached to a ruling for correction to ensure the opposing party doesn’t ignore it.