Article 343. Evidence unfavourable to the private life of individuals shall not be admitted.

In such cases the jury, after hearing the parties, shall impose the corresponding penalty.

Article 344. Once the evidence has been taken, the parties may plead once as to its value and importance, and without further delay the Judges, after conferring privately together, shall pronounce their decision, which will be read publicly after it has been signed.

Article 345. The respective parties may appeal against the decisions within twenty-four hours.

Article 346. The Judge of the Lower Court, with no other formality than that of verifying whether the appeal has been made within the stipulated time, shall cite the parties for the first hearing, in order to draw for the Jury of Appeal, which shall be composed of nine citizens.

Article 347. Only the public instruments that may be presented and a single summary of the case, written or verbal, are admissible as sole means of evidence before the Jury of Appeal. From the finding of this jury there shall be no ordinary appeal, and its decision shall be passed on immediately to the Judge of the Lower Court, in order that it may be carried out.

Article 348. The parties may be admitted into Court accompanied by Counsel.

Article 349. In every case a private individual who has been injured or calumniated by the Press has the right to present himself to take the necessary action before the ordinary Tribunals or the Jury for abuse of the press. Should he choose the latter course, he may not afterwards take action in the ordinary way.

Article 350. When a printed sheet denounces crimes or offences, the author of the sheet or the person responsible for its publication is obliged to substantiate in a conclusive manner the crimes or offences denounced.

Article 351. Should the charge be proved, the jury shall declare that the liberty of the press has been abused, and shall provide that the antecedents of the case be transmitted to the AttorneyGeneral, should the matter refer to crimes or offences out of which public action may arise.

Article 352. When the author or person responsible for the publication does not prove conclusively the crimes or offences imputed, and if the persons in question are private individuals, then in addition to the penalties which are applied in all cases of jurisdiction of the Press, the suit brought by the calumniated person shall not prevent action being taken in the ordinary Courts for the damages and losses that have been occasioned.

Article 353. Abuse of the liberty of the Press may have reference to society in general or to private individuals.

Article 354. Abuses of the Press against society do not admit of evidence. When the competent Tribunal has declared that there is ground for an action, the jury which decides the case, after hearing the two parties, shall give sentence accordingly without further delay.

PART II.

Article 404. When a declaration has been made that abuse of the liberty of the Press has been committed, fines of from 50 to 300 pesos, or imprisonment of from ten days to three months, shall be imposed as penalty.

Article 405. When abuse of the Press is committed against society, these damages may be graduated, the minimum being those established in the preceding article, the maximum the double of those.

Article 406. The following constitute abuse of the Press against society :

(1.) Publications against morality, decency and good order.
(2.) Incitement to rebellion and anarchy, and provocations
tending to ignore or outrage duly constituted Public
Authorities.

(3.) The defence of matters classified by the law as crimes.
This, however, does not disallow discussion of the
criminality of the facts.

(4.) Publications provoking vengeance or armed strife.

Article 407. Abuse of the Press against private individuals

occurs

(1.) When private vices or defects are attributed to an individual.

(2.) When family secrets are revealed or matters are denounced that affect the honour of the family, provided that they do not affect public order.

(3.) When publication is made of proceedings, documents or sentences relating to cases of illegitimate offspring, impugning the civil status of fathers to sons, and vice versa, adultery, disagreement and actions relating to offences against decency.

(4.) When crimes or offences are calumniously attributed to an individual.

In the case of the first three paragraphs, the provisions of Article 343 will be followed; in the fourth, that of Article 350.

Article 408. The author of a printed sheet is responsible before the law for the abuses which he may commit; and, in default of him, the editor, printer or manager who publishes such a sheet without sufficient guarantees to meet the legal responsibilities which may derive from its publication shall be equally responsible.

VENEZUELA.

No special Press Laws exist in Venezuela. Article 22 (6) of the Constitution of 1914 guarantees "freedom of thought expressed by word of mouth or through the Press."

The ordinary Penal Code is applicable in cases of "calumny.. defamation, injury or damage" to a third party.

APPENDIX.

INDIA.

GOVERNMENT OF INDIA: LEGISLATIVE DEPARTMENT.

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867 (ACT XXV OF 1867), AS MODIFIED UP TO OCTOBER 1, 1907.

PART II.-Of Printing Presses and Newspapers.

3. Particulars to be printed on books and papers.

4. Keeper of printing press to make declaration.

5. Rules as to publication of printed periodicals containing public news. 6. Authentication of declaration.

Deposit.

Inspection and supply of copies.

7. Office copy of declaration to be primâ facie evidence.

8. New declaration by persons who have signed declaration and subsequently ceased to be printers or publishers.

Authentication and filing.

Inspection and supply of copies.

Putting copy in evidence.

SECTIONS.

PART III.-Delivery of Books.

9. Copies of books printed after commencement of Act to be delivered gratis to Government.

10. Receipt for copies delivered under Section 9. 11. Disposal of copies delivered under Section 9.

PART IV.-Penalties.

12. Penalty for printing contrary to rule in Section 3.

13. Penalty for keeping press without making declaration required by Section 4.

14. Punishment for making false statement.

15. Penalty for printing or publishing periodicals without conforming to rules.

16. Penalty for not delivering books or not supplying printer with maps. 17. Recovery of forfeitures and disposal thereof and of fines.

PART V.-Registration of Books.

18. Registration of memoranda of books.

Effect of registration.

Act XX of 1847 applied.

19. Publication of memoranda registered.

PART VI.-Miscellaneous.

20. Power to make rules.

Publication.

21. Power to exclude any class of books from operation of Act.

22. (Repealed.)

23. (Repealed.)

ACT No. XXV OF 1867.*

[March 22, 1867.] AN ACT FOR THE REGULATION OF PRINTING-PRESSES AND NEWSPAPERS, FOR THE PRESERVATION OF COPIES OF BOOKS PRINTED IN BRITISH INDIA, AND FOR THE REGISTRATION OF SUCH BOOKS.

[As modified up to October 1, 1907.]

WHEREAS it is expedient to provide for the regulation of printingpresses and of periodicals containing news, for the preservation

* Short title, "The Press and Registration of Books Act, 1867," see the Indian Short Titles Act, 1897 (14 of 1897), General Acts, Vol. VI.

For Statement of Objects and Reasons, see Gazette of India," 1867, p. 191; and for Proceedings in Council, see ibid., Supplement, pp. 72. 156 and 299.

This Act was declared, by the Laws Local Extent Act, 1874 (15 of 1874), s. 3, to be in force in the whole of British India, except as regards the Scheduled Districts.

It has been applied to the Santhal Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), s. 3, as amended by the Santhal Parganas Justice and Laws Regulation, 1899 (3 of 1899), Bengal Code, Vol. 1; and to Upper Burma (except the Shan States) by the Burma Laws Act, 1898 (13 of 1898), s. 4 (1) and Sch. I, Burma Code, p. 260.

It has been applied, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to the following Scheduled Districts, namely:

Gazette of India," 1879, Pt. I, p. 434;

p. 672;

The Province of Sindh, see Gazette of India," 1880, Pt. I, Aden, see The Territory of Peint, see "Gazette of India," 1887, Pt. I, P. 144; The Island of Perim, see Gazette of India," 1887, Pt. I, p. 5; That portion of the Jalpaiguri District which was formerly the Jalpaiguri Sub-Division and now forms the western portion of the District of Jalpaiguri and extends as far east as the Teesta River, the hills west of the Teesta River in the District of Darjiling, the Darjiling Tarai, the Damson Sub-Division of the Darjiling District, the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see "Calcutta Gazette," 1899, Pt. I, p. 44) and Manbhum, and Pargana Dhalbhum and the Kolhán in the District of Singbhum, see Gazette of India,'' 1881, Pt. I, pp. 74 and 504;

The Districts of Kumaon and Garhwál, see Gazette of India," 1876,
Pt. I, p. 605;
The scheduled portion of the Mirzapur District, see Gazette of India,"
1879, Pt. I, p. 383;

44

Pargana Jaunsar Bawar in the Dehra Dun District, see

India,"1879, Pt. I, p. 382;

"Gazette of

The Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan, see Gazette of India." 1886, Pt. I, p. 48; portions of the Districts of Hazara, Bannu, Dera Ismail Khan, and Dera Ghazi Khan and the Districts of Peshawar and Kohat now form part of the North-West Frontier Province, see Gazette of India,' 1901, Pt. I, p. 857 and 1902, Pt. I, 575; The Districts of Kamrup, Nowgong, Darrang, Sibsagar, Lakhimpur, Goalpara (excluding the Eastern Duars) and Cachar (excluding the North Cachar Hills), see "Gazette of India," 1878, Pt. I, p. 533; The Garo Hills, the Khasi and Jaintia Hills, the Naga Hills, the North Cachar Hills in the Cachar District, and the Eastern Duárs in the Goalpara District, see "Gazette of India," 1897, Pt. I, p. 299; The District of Sylhet, see Gazette of India," 1879, Pt. I, p. 631.

44

of copies of every book printed or lithographed in British India, and for the registration of such books, it is hereby enacted as follows:

PART I.-Preliminary.

1. In this Act, unless there shall be something repugnant in the subject or context

"Book" includes every volume, part or division of a volume. and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed.

British India" means the territories which are or shall be vested in Her Majesty or her Successors by the Statute 21 & 22 Vict., cap. 106 (An Act for the better government of India) . . . .† "Magistrate" means any person exercising the full powers of a Magistrate, and includes a §Magistrate of Police . . . .

Words in the singular include the plural, and vice versâ.
Words denoting the masculine gender include females.

And in every part of British India to which this Act shall extend. Local Government" shall mean the person authorised by law to administer executive government in such part, and includes a Chief Commissioner.

2. [Repeal of Act XI of 1835.] Rep. Act XIV of 1870.

PART II.-Of Printing-presses and Newspapers.

3. Every book or paper printed within British India shall have printed legibly on it the name of the printer and the place of

It has been declared, by notification under s. 3 (b) of the same Act. 1874 (14 of 1874), not to be in force in the Scheduled District of Lahaul in the Punjab, see Gazette of India,” 1886, Pt. I, p. 301.

It has been extended, by notification under s. 5 of the same Act, to the Tarai District of the North-Western Provinces, see Gazette of India," 1876, Pt. I, p. 506.

The word " three in the preamble was repealed by the Press and Registration of Books Act Amendment Act, 1890 (10 of 1890), s. 1, General Acts, Vol. V.

*Short title "The Government of India Act, 1858," see Statutes relating to India," Vol. I, p. 300.

Collection of

Cf. definition in s. 3 (24) of the General Clauses Act, 1897 (10 of 1897), General Acts, Vol. VI.

The words "other than the Settlement of Prince of Wales' Island, Singapore and Malacca were repealed by the Repealing and Amending Act, 1891 (12 of 1891), General Acts, Vol. VI.

Now Magistrate of the first class, see the Code of Criminal Procedure, 1898 (Act 5 of 1898), s. 3, reprinted as modified up to the 1st April, 1903.

§ Now Presidency Magistrate, see the Press and Registration of Books Act (1867) Amendment Act, 1890 (10 of 1890), s. 3, and the Code of Criminal Procedure, 1898, mentioned above.

The words " and a Justice of the Peace were repealed by the Press and Registration of Books Act (1867) Amendment Act, 1890 (10 of 1890), 8. 2, General Acts, Vol. V.