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principe de réparation médiatique - again!

English translation: principle of corrective media measures

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:principe de réparation médiatique - again!
English translation:principle of corrective media measures
Entered by: Parrot
Options:
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- Include in personal glossary

06:49 Sep 6, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: principe de réparation médiatique - again!
Thanks to those who have helped so far, but it's not in fact a libel suit. It concerns the indirect advertising of tobacco (illegal in France), where a third party is seeking compensation for damages suffered. Does this help?
Gillian Hargreaves
Local time: 13:13
principle of corrective media measures
Explanation:
Yes! your new context helps a lot. This is a new issue in the EC, where each country applies anti-tobacco advertising laws as it sees fit. It DOES refer to the press and mass media, where cigarette advertising is banned on TV but only limited in printed media and billboard advertising (no one may smoke in the ads, and the mere sight of a cigarette may be considered a breach of some country's law).
If the law has been breached, the company is subject to a fine for public health offense. If this is a protest to indirect advertising, then a loose translation such as the above may apply. Many people have been winning such third-party lawsuits. Try to find a better phrase at any rate, and good luck! I hope this information helps.
Selected response from:

Parrot
Spain
Local time: 14:13
Grading comment
Thanks to everyone who answered, but your answer, Cecilia, rounded it all off and gave useful background info.
4 KudoZ points were awarded for this answer

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Summary of answers provided
naprinciple of corrective media measures
Parrot
naprinciple of publication of compensation
Nikki Scott-Despaigne
nareparation/satisfaction/redress through the media
Yolanda Broad
naprinciple of mediated reparationsjohn rock


  

Answers


8 mins
principle of mediated reparations


Explanation:
I have not seen the previous answer so I don't know if this is any help.
I am presuming mediatique is the adjectival form, without any direct confirmation. Hope this helps.

john rock
United States
Local time: 08:13
PRO pts in pair: 7

Peer comments on this answer (and responses from the answerer)
Lydia Brady

Heathcliff
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1 hr
reparation/satisfaction/redress through the media


Explanation:
I can't find any possible, even extended, use of *médiatique* beyond the semantic field of *media*. And I can't stir up any instances of *réparation médiatique*, let alone *principe de réparation médiatique*, doing a Web search. There certainly does exist a legal concept of reparation *in kind*. If someone's good name has been damaged (and this certainly is a common problem for "third parties"), an appropriate remedy would be to clear their name through the media. In the case of a misuse/appropriation of someone's electronic media rights, property, again, reparation through the same media would be a good remedy. For other kinds of reparation, I find, in Termium:

Réparation en argent --> Pecuniary satisfaction

réparation du dommage --> compensation for damage

réparation des dommages de guerre --> war damage reparation

réparation de dommages personnels --> damage for personal injuries

réparation financière --> monetary solatium s CORRECT

CONT - There is no legal remedy for the emotional distress and grief suffered as a result of the injury or death of a relative or friend, but these can be painful experiences. (...) Would it really be wise to
introduce into this common experience of mankind the possibility of some monetary solatium for their suffering if they are able to persuade a judge that their suffering is due in part to shock, not grief. s

réparation en nature --> in kind remedy

réparation partielle --> partial damages
réparation pécuniaire --> pecuniary award

réparation du préjudice --> redress for damage (in patent law)

réparation par restitution --> restitutionary remedy

réparation satisfaisante --> adequate redress

réparation substitutive --> other relief

ETC, ETC...

Note also LGDT's overall definition of *réparation*:

Domaine(s)
économie politique et sociale
conflit du travail

remedy (a)

réparation n f (a)
Correctif demandé en raison d'un litige ayant donné lieu à un grief. (a)

Terme(s) à éviter:
remède (a)


    Reference: http://www.termium.com
    Le grand dictionnaire terminologique
Yolanda Broad
United States
Local time: 08:13
Native speaker of: English
PRO pts in pair: 1551

Peer comments on this answer (and responses from the answerer)
Lydia Brady

Heathcliff
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2 hrs
principle of publication of compensation


Explanation:
Gillian,

My first instinct told me that “réparation médiatique” literally meant that the repairs were required to be given media coverage, in other words some way of requiring the court's judgment to be rendered public through the media, that it should become public knowledge.

This did seem a bit odd though. When a word based on media appears in a legal context, mediation does seem a much more natural meaning to attribute to it. However, I think that I may have part of the answer (in the meaning, the term to be used being a different problem). In any event, none of the classic French/French, English/English or bi-lingual dictionaries indicated any other possible meaning, nor did my English legal dictionaries. However, my French/French legal dictionary gave the following leads.

After reading this, you may well come to think that the tricky bit is “réparation” and not “médiatique”.

"PARTIE CIVILE : (procédure pénale) Nom donné à la victime d’une infraction lorsqu’elle exerce ses droits qui lui sont reconnus en cette qualité devant les juridictions répressives (mise en mouvement publique, action civile en réparation)".

What then is an « action civile en réparation » ?

"ACTION CIVILE : (procédure pénale) Action en réparation d’un dommage directement causé par un crime, un délit ou une contravention. Appartenant à tous ceux qui ont personnellement souffert du dommage, elle peut être exercée qu choix de la victime, soit en même temps que l’action publique devant les juridictions répressives, soit séparément de l’action publique devant les juridictions civiles (Code de la procédure pénale, art. 2 et s.). Elle doit être distinguée de la constitution de partie civile, qui permet à la victime de mettre en mouvement l’action publique indépendamment de son droit à réparation, et donc de toute demande de ce chef. Elle se distingue aussi de l’action de nature civile qui est exercée devant les tribunaux civils en réparation d’un dommage, en l’absence de toute infraction pénale".

REPARATION (according to Larousse 2000) in legal terms succintly explained is : compensation by the person who was responsible for a prejudice suffered.

Under English law, compensation means monetary payment to compensate for loss or damage. "Damages" is used (includes interest) and is best translated by the French « dommages et intérêt ». (Larousse : Réparation = dédommagement=compensation). Does réparation automatically mean financial ? If some other "punishment" is being being meted out, (obligation to repair or have damaged property repaired, for example) then the interest in having the decision made public is often considered very important. Common decision in the case of first time and/or young offenders.

It is quite common for courts orders to require the « punishment » be made public knowledge, specifying for example that the judgement be published in a local and/or national press. If this works in your context then perhaps the ordinary meaning is the right one here.

If we assume that this is right, the applicant is asking the court to increase the amount of damages awarded and to apply the public knowledge principle to underline [the importance of] and to add weight to its decision.

Given that this is a judgment on appeal, it sounds really quite possible that the court may be wishing to emphasise its decision in this way.



    DALLOZ
Nikki Scott-Despaigne
Local time: 14:13
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431

Peer comments on this answer (and responses from the answerer)
Heathcliff
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3 hrs
principle of corrective media measures


Explanation:
Yes! your new context helps a lot. This is a new issue in the EC, where each country applies anti-tobacco advertising laws as it sees fit. It DOES refer to the press and mass media, where cigarette advertising is banned on TV but only limited in printed media and billboard advertising (no one may smoke in the ads, and the mere sight of a cigarette may be considered a breach of some country's law).
If the law has been breached, the company is subject to a fine for public health offense. If this is a protest to indirect advertising, then a loose translation such as the above may apply. Many people have been winning such third-party lawsuits. Try to find a better phrase at any rate, and good luck! I hope this information helps.

Parrot
Spain
Local time: 14:13
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1861
Grading comment
Thanks to everyone who answered, but your answer, Cecilia, rounded it all off and gave useful background info.

Peer comments on this answer (and responses from the answerer)
Heathcliff
Login to enter a peer comment (or grade)




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