status of ratifications, reservations and declarations

Preamble

The Contracting States,

Desiring to implement the right of their peoples to be fully and reliably informed,

Desiring to improve understanding between their peoples through the free flow of information and opinion,

Desiring thereby to protect mankind from the scourge of war, to prevent the recurrence of aggression from any source, and to combat all propaganda which is either designed or likely to provoke or encourage any threat to peace, breach of the peace, or act of aggression,

Considering the danger to the maintenance of friendly relations between peoples and to the preservation of peace, arising from the publication of inaccurate reports,

Considering that at its second regular session the General Assembly of the United Nations recommended the adoption of measures designed to combat the dissemination of false or distorted reports likely to injure friendly relations between States,

Considering, however, that it is not at present practicable to institute, on the international level, a procedure for verifying the accuracy of a report which might lead to the imposition of penalties for the publication of false or distorted reports, Considering, .moreover, that to prevent the publication of reports of this nature or to reduce their pernicious effects, it is above all necessary to promote a wide circulation of news and to heighten the sense of responsibility of those regularly engaged in the dissemination of news,

Considering that an effective means to these ends is to give States directly affected by a report, which they consider false or distorted and which is disseminated by an information agency, the possibility of securing commensurate publicity for their corrections,

Considering that the legislation of certain States does not provide for a right of correction of which foreign governments may avail themselves, and that it is therefore desirable to institute such a right on the international level, and

Having resolved to conclude a Convention for these purposes,

Have agreed as follows:

Article 1

For the purposes of the present Convention:

1. "News dispatch" means news material transmitted in writing or by means of telecommunications, in the form customarily employed by information agencies in transmitting such news material, before publication, to newspapers, news periodicals and broadcasting organizations.

2. "Information agency" means a press, broadcasting, film, television or facsimile organization, public or private, regularly engaged in the collection, and dissemination of news material, created and organized under the laws and regulations of the Contracting State in which the central organization is domiciled and which, in each Contracting State where it operates, functions under the laws and regulations of that State.

3. "Correspondent" means a national of a Contracting State or an individual employed by an information agency of a Contracting State, who in either case is regularly engaged in the collection and the reporting of news material, and who when outside his State is identified as a correspondent by a valid passport or by a similar document internationally acceptable.

Article 2

1. Recognizing that the professional responsibility of correspondents and information agencies requires them to report facts without discrimination and in their proper context and thereby to promote respect for human rights and fundamental freedoms, to further international understanding and co-operation and to contribute to the maintenance of international peace and security,

Considering also that, as a matter of professional ethics, all correspondents and information agencies should, in the case of news dispatches transmitted or published by them and which have been demonstrated to be false or distorted, follow the customary practice of transmitting through the same channels, or of publishing corrections of such dispatches,

The Contracting States agree that in cases where a Contracting State contends that a news dispatch capable of injuring its relations with other States or its national prestige or dignity transmitted from one country to another by correspondents or information agencies of a Contracting or non-Contracting State and published or disseminated abroad is false or distorted, it may submit its version of the facts (hereinafter called "communique") to the Contracting States within whose territories such dispatch has been published or disseminated.

A copy of the communique shall be forwarded at the same time to the correspondent or information agency concerned to enable that correspondent or information agency to correct the news dispatch in question.

2. A communique may be issued only with respect to news dispatches and must be without comment or expression of opinion. It should not be longer than is necessary to correct the alleged inaccuracy or distortion and must be accompanied by a verbatim text of the dispatch as published or disseminated, and by evidence that the dispatch has been transmitted from abroad by a correspondent or an information agency.

Article 3

1. With the least possible delay and in any case not later than five clear days from the date of receiving a communique transmitted in accordance with provisions of article II, a Contracting State, whatever be its opinion concerning the facts in question, shall:

(a) Release the communique to the correspondents and information agencies operating in its territory through the channels customarily used for the release of news concerning international affairs for publications; and

(b) Transmit the communique to the headquarters of the information agency whose correspondent was responsible for originating the dispatch in question, if such headquarters are within its territory.

2. In the event that a Contracting State does not discharge its obligation under this article, with respect to the communique of another Contracting State, the latter may accord, on the basis of reciprocity, similar treatment to a communique thereafter submitted to it by the defaulting State.

Article 4

1. If any of the Contracting States to which a communique has been transmitted in accordance with article II fails to fulfil, within the prescribed time-limit, the obligations laid down in article III, the Contracting State exercising the right of correction may submit the said communique, together with a verbatim text of the dispatch as published or disseminated, to the Secretary-General of the United Nations and shall at the same time notify the State complained against that it is doing so. The latter State, may, within five clear days after receiving such notice, submit its comments to the Secretary-General, which shall relate only to the allegation that it has not discharged its obligations under article III.

2. The Secretary-General shall in any event, within ten clear days after receiving the communique, give appropriate publicity through the information channels at his disposal to the communique, together with the dispatch and the comments, if any, submitted to him by the State complained against.

Article 5

Any dispute between any two or more Contracting States concerning the interpretation or application of the present Convention which is not settled by negotiations shall be referred to the International Court of Justice for decision unless the Contracting States agree to another mode of settlement.

Article 6

1. The present Convention shall be open for signature to all States Members of the United Nations, to every State invited to the United Nations Conference on Freedom of Information held at Geneva in 1948, and to every other State which the General Assembly may, by resolution, declare to be eligible.

2. The present Convention shall be ratified by the States signatory hereto in conformity with their respective constitutional processes. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 7

1. The present Convention shall be open for accession to the States referred to in article VI (1).

2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 8

When any six of the States referred to in article VI (I) have deposited their instruments of ratification or accession, the present Convention shall come into force among them on the thirtieth day after the date of the deposit of the sixth instrument of ratification or accession. It shall come into force for each State which ratifies or accedes after that date on the thirtieth day after the deposit of its instrument of ratification or accession.

Article 9

The provisions of the present Convention shall extend to or be applicable equally to a contracting metropolitan State and all territories, be they Non-Self-Governing, Trust or Colonial Territories, which are being administered or governed by such metropolitan State.

Article 10

Any Contracting State may denounce the present Convention by notification to the Secretary-General of the United Nations. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.

Article 11

The present Convention shall cease to be in force as from the date when the denunciation which reduces the number of Parties to less than six becomes effective.

Article 12

1. A request for the revision of the present Convention may be made at any time by any Contracting State by means of a notification to the Secretary-General of the United Nations.

2. The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article 13

The Secretary-General of the United Nations shall notify the States referred to in article VI (I) of the following:

(a) Signatures, ratifications and accessions received in accordance with articles VI and VII;

(b) The date upon which the present Convention comes into force in accordance with article VIII;

(c) Denunciations received in accordance with article X;

(d) Abrogation in accordance with article XI;

(e) Notifications received in accordance with article XII.

Article 14

1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit a certified copy to each State referred to in article VI (1).

3. The present Convention shall be registered with the Secretariat of the United Nations on the date of its coming into force.