Press Arbitration Commission

Remedial Procedures for Damage

Settlement: If both parties reach a mutual agreement, it has the same effect as a judicial conciliation. If the press defaults on the agreement, the aggrieved party may initiate a lawsuit against the press organization, etc., to enforce the agreement.

Ex Officio Ruling on conciliation: If both parties fail to reach an agreement throughout the conciliation procedure, the Commission may grant an ex officio ruling on conciliation to the extent that it is not contrary to the purpose of the request for conciliation, taking into account the interests of both parties and all other circumstances.
The ex officio ruling on conciliation should be made within 21 days from the application-filing date. If the petitioner or the press organization do not reject the ruling within 7 days after the authentic copy of that ruling is delivered to them, the ruling on conciliation becomes effective as a judicial conciliation. If either of the parties enters an appeal, the ruling is then not in effect, and it is considered the same as filing a lawsuit. After trial starts, the petitioner and the press organization, etc., are considered plaintiff and defendant, respectively.

Conciliation Failure Award: If the petition is very inadequate or ineligible for conciliation, the Commission shall grant the conciliation failure award. In such case, the petitioner may file his or her case in court for a judicial process.

Dismissal: The Commission may dismiss the petition if the petitioner lacks proper interest in asserting his or her right to request for correction of a news report, etc., if the requested reply, etc., is found to be neither true nor accurate, or if the petitioner is found to have petitioned to the Commission for commercial purposes.

Rejection: The Commission may reject when the petitioner files a case after the statute of limitation has expired.