Counterstatement with a Lawyer:
Your Right to Your Own Perspective
Is there a false report about you or your company? With a media law attorney, you can enforce a right of reply—which compels the media outlet to publish your version of the story: in the same location, in the same font size, and at its own expense. And you don’t even have to prove that the report was false.
The Most Important Points at a Glance
What: The right to have one's own account of the facts published in the same medium.
However: only against statements of fact—not against opinions.
Requirement: None. You do not have to prove either a violation of the law or that something is untrue.
Timeframe: tight. Usually about two weeks, three months at the latest—often shorter online.
Format: in writing, with an original handwritten signature. Email or fax is usually not sufficient.
Enforcement: if necessary, by means of a preliminary injunction—quickly and without a trial on the merits.
What is a right of reply?
The right of reply is a distinct legal concept in press law—not truly comparable to any other claim. It grants anyone about whom a media outlet asserts a fact the right to counter that assertion with their own account. This is based on an ancient principle: audiatur et altera pars—“let the other side be heard as well.”
Unlike a claim for damages or a right of retraction, the right of reply is not contingent on misconduct by the press. It is neither a means of punishment nor a means of establishing the truth, but rather a form of compensation for the fact that you must accept being the subject of a news report. Therefore, it does not matter whether the media outlet conducted thorough research or whether the original report is even true—you have the right to present your own account of the facts alongside it.
Legally, the right of reply is rooted in the general right of personality (Art. 1 and 2 of the German Basic Law) and in the right to participate in the formation of public opinion (Art. 5 of the German Basic Law). It is regulated by state press laws (in North Rhine-Westphalia, § 11 LPG; in Berlin, § 10 BlnPrG) and, for broadcasting and online content, by the State Media Treaties. The key point: It does not require a legal violation, fault, or proof of truth.
Notable Case · Caroline of Hanover (Federal Constitutional Court, 1998)
A tabloid reported on an allegedly upcoming wedding. Caroline of Hanover successfully sued for a right of reply—even on the front page. The Federal Constitutional Court confirmed: Freedom of the press does not require that the front page be kept free of right of reply, and the right to a right of reply does not require either an infringement of reputation or proof of falsehood.
Who can request a right of reply?
Any person or entity affected by a factual claim has this right. This applies not only to public figures: Companies, associations, clubs, and government agencies can also demand a right of reply, as can individuals, limited liability companies (GmbHs), and partnerships.
You are affected if the report refers to you in a recognizable and specific manner. You do not have to be named explicitly—it is sufficient if readers can identify you. However, a mere general interest is not enough. Others who may be affected include the parents of a named child, a CEO facing allegations against their company, or the identifiable manufacturer of a criticized product. Important: This right is strictly personal and non-transferable—if the affected person dies, the right expires. That’s another reason why every day counts.
Against whom is the counterstatement directed?
In the case of newspapers and magazines, both the publisher and the editor-in-chief are liable. In practice, it is usually wiser to pursue a claim only against the publisher, who is easier to identify. For online services, the claim is directed against the provider pursuant to Section 20 of the State Media Treaty; for broadcast media, it is directed against the broadcaster.
Fact or opinion? The crucial issue
This is where almost every case is decided: A right of reply is only possible in response to statements of fact—not to opinions, evaluations, or comments.
Allegation of fact
True or false—and provable.
- “X was convicted of fraud.”
- “The company laid off 40 employees.”
- Photos and photo montages can also claim to be facts.
Opinion
Opinion, belief—cannot be proven.
- “X is a bad businessman.”
- “A love triangle?”—genuine questions count as opinions.
- Comments and satire.
The famous real-world example is “cold coffee”: If the coffee is 18 degrees, it is objectively cold—that’s a fact. If it’s 80 degrees, it’s hot—which is also provable. If it’s 38 degrees, it’s a matter of perspective—and thus a matter of opinion. The same statement can mean one thing or the other, depending on the circumstances. Legal concepts such as “fraud” or “plagiarism,” and even the concealment of material facts, also fall within this gray area.
Notable Case · Yvonne Catterfeld (Hamburg Higher Regional Court, 2019)
A magazine ran a headline that read, in essence, “A love triangle? Does she have to share her boyfriend with someone else?” The court viewed this as a mere—“genuine”—question and therefore not an assertion of fact. The result: no right of reply. The case illustrates just how fine the line is and why the wording should be left to experienced hands.
Form and Deadline: The Costliest Pitfalls
The right of reply is strictly formal. Even minor errors can result in the media outlet refusing to publish it—and because an erroneous right of reply fails to meet the deadline, the right is then often lost for good.
Written form with original signature: signed by hand and submitted as an original—according to prevailing legal opinion, a fax or email is not sufficient.
Just facts: no judgments, no polemics.
Relation to the initial communication: it is clear what it refers to.
No illegal content and appropriate length.
All or nothing: a single invalid point can bring down the entire rebuttal.
The deadline is your biggest enemy. The counterstatement must be submitted “without delay”—usually within about two weeks of becoming aware of the issue—and no later than three months after publication. Online, the deadlines are often even shorter. He who hesitates loses. It’s better to seek legal advice today than tomorrow.
Five Steps to Filing a Counterstatement
Exam
Does the report contain a contestable factual claim—and are you clearly affected by it? We'll assess this quickly and honestly.
Wording
We draft the right of reply so that it is ready for publication, legally sound, and capable of withstanding the obligation to publish it.
Introduction & Invitation
The original signed counterstatement is sent to the publisher—along with a request for publication and a deadline.
Temporary Restraining Order
If the media outlet refuses or remains silent, we will enforce the claim through expedited proceedings—there is no need to establish a credible threat, and a trial on the merits is not required.
Reprint in the same format
The rebuttal will appear in the next issue, in the same section, in the same font, and without any omissions—at no cost to you.
Notable Case · Franziska van Almsick (Federal Constitutional Court, 1998)
The swimming icon objected to a front-page headline about an alleged upcoming wedding—and forced the publication to run a retraction on the front page. If you act quickly and correctly, you can have your side of the story told in the most prominent spot in the paper.
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right of reply.
Who can request a right of reply?
False information spreads faster online—and remains permanently accessible. Section 20 of the State Media Treaty requires providers of journalistic and editorial online content to include a right of reply—this applies to online magazines as well as to blogs and news apps.
Two key points: The counterstatement must appear directly linked to the original post and in the same format. And: A print article and its online version are legally considered two separate publications—in which case, two counterstatements are required. A common misconception is that simply deleting the content eliminates the right to a counterstatement. Because online content can change at any time, it’s essential to immediately secure the original article as evidence—a dated screenshot can be decisive for the entire claim.
How much does a right of reply cost?
The publication itself is free of charge for you—the law requires the media outlet to do this. Costs arise primarily from legal fees and any court proceedings; they are based on the value of the claim. In press law proceedings, a standard value of around 10,000 euros per statement is often applied, which may be higher in particularly serious cases.
One point that surprises many people: Because a right of reply does not require a prior legal violation, the media outlet is generally not required to reimburse your attorney’s fees—unlike in the case of a cease-and-desist letter. We’ll provide you with a binding estimate of the specific costs in your case and advise you on the most economically sound strategy during our initial consultation.
Right of Reply, Cease-and-Desist Order, Retraction, or Monetary Compensation?
A counterstatement is often the quickest, but not always the only option:
Right of Reply: Your own perspective will be published in the media—quickly, without proof of its truth.
Injunction: prevents a false statement from being disseminated again.
Retraction / Correction: The media outlet retracts the false claim itself (presupposing that it has been established to be untrue).
Monetary compensation: in cases of serious violations of personal rights.
Often, the combination is most effective: a counterstatement for immediate visibility, and an injunction to prevent future violations. We’ll develop the right strategy for your case.
Act Now
Is there a false report about you? Don't wait.
The deadline begins on the day you become aware of the post. Schedule a no-obligation initial consultation now—we’ll immediately assess whether and how we can secure a right of reply.
Frequently Asked Questions About Right of Reply
Do I have to prove that the report is incorrect?
No. A counterstatement does not require either a legal violation or proof that the original report was false. It is sufficient that a fact was alleged about you.
How much time do I have?
Generally, about two weeks from the date of discovery (“immediately”) and no later than three months after publication. Online, the deadlines may be shorter. If you wait, you risk losing your claim.
Can I take action against an opinion or a comment?
No. There is no right of reply to mere opinions, value judgments, and comments—only to assertions of fact. Courts often consider questions and insinuations to be opinions.
Does this also apply to online articles and social media?
Yes. Under Section 20 of the State Media Treaty, there is a right to a counterstatement regarding journalistic and editorial online content. Print and online media must be treated separately—often, two counterstatements are required.
Is a counterstatement sent by email or fax sufficient?
As a general rule, no. It must be submitted in writing and bear an original, handwritten signature—a classic and serious mistake.
What happens if the media outlet refuses to publish the article?
In that case, we will enforce the counterstatement through the expedited preliminary injunction proceeding. There is no need to specifically demonstrate that there is particular urgency in this matter.
Can my company also request a right of reply?
Yes. Companies, limited liability companies (GmbHs), partnerships, associations, and government agencies can also request a right of reply if a fact is alleged about them.
How much will the right of reply cost me?
The publication is free of charge. Attorney’s fees and, if applicable, court costs will be incurred based on the value of the claim. Since the media outlet is generally not required to reimburse these costs, we will discuss them transparently in advance during the initial consultation.