ment. Le démenti ou la rectification doivent porter la signature de la personne ou de l'institution présentant leur défense, et sur la demande de celles-ci avec les mêmes caractères et dans la même partie du journal que l'information à rectifier. Art. 24. Dans les procès en diffamation, prévus à l'alinéa 2 de l'article 538 du Code pénal, les débats judiciaires ne peuvent être l'objet d'une publication, quand même ils seraient publics. L'accusateur a le droit de publier sa plainte présentée au tribunal dans le même journal qui a commis l'acte de diffamation. Cette plainte doit y être publiée gratuitement en sauvegardant les délais indiqués à l'article 22 des présentes prescriptions sur la Presse. L'interdiction résultant du présent article ne s'étend pas à la sentence du tribunal. Art. 25. Quant aux débats judiciaires à huis clos, les sentences seules peuvent être publiées. Art. 26. Il est défendu de faire des souscriptions publiques, par l'entremise des journaux, pour payer des amendes ou bien d'accuser réception par l'entremise des journaux des sommes souscrites à cet effet. PORTUGAL. PRESS LAW OF JULY 9, 1912. Article 1. The judicial administrative and police authorities may seize, or order to be seized, any periodicals, placards, advertisements, notices, and generally any printed matter, manuscripts, drawings or publications which may be exposed for sale or in any way distributed or exhibited in any public place— (a) Which are deficient in any of the requirements provided by Article 5 of the Decree of the 28th October, 1910. (b) Which contain insults to Republican institutions, or injure, defame or threaten the President of the Republic, whether in the exercise of his functions or not, or any the offences mentioned in Articles 159, 160, 420 and 483 of the Penal Code; (c) Which are immoral; or of (d) Which are framed in language offending or threatening the security of the State, or public order and tranquillity. Art. 2. Sub-Article of Article 2 and Articles 5 and 11 and SubArticle of the Decree, of the 28th October, 1910, with force of law, are thus modified and interpreted. Art. 3. Legislation to the contrary is hereby revoked. DECREE No. 2270. (March 12, 1916.) Article 1. The police and administrative authorities are hereby permitted to seize, or order to be seized, any periodical or other printed matter, as well as manuscripts and drawings in any way published, in which rumours and information are circulated intended to alarm the public mind or cause prejudice to the State, either in respect of internal or external security, or in respect of its interests in connection with foreign nations, or in respect of the preparation or execution of military defences. Art. 2. If the published printed matter, manuscripts or drawings make any offensive allusion to the national dignity or honour, or if they contain any of the offences or crimes provided for in the preceding article, in sub-clauses (b) and (d) of Article 1 of the Law of the 9th and in Article 1 of the Law of the 12th July, 1912, not only may the seizure prescribed in the preceding article be ordered, but also, in the case of periodicals, their publication may be suspended for from three to thirty days. § 1. If the allusion, offence or crime is attributable to foreign subjects, their expulsion from Portuguese territory may, in addition, be ordered for a period not exceeding three years. § 2. The suspension of any periodical or the expulsion referred to in § 1 devolves upon the Civil Governor of the district where the publication is issued. Art. 3. The seizure authorised by the present decree and by the Laws of the 9th and 12th July, 1912, shall in no case be preceded by censorship, but always accompanied and followed by the complementary measures necessary for the effective prevention of the circulation of the seized printed matter, manuscripts or drawings. Art. 4. The procedure authorised by the preceding articles shall not prejudice any prosecution for criminal responsibilities in the proper Court in accordance with the proceedings established for each case. Art. 5. Legislation to the contrary is hereby revoked. DECREE NO. 4082. (April 13, 1918.) * Article 1. Law No. 495 of the 28th March, 1916, and the Law of the 9th July, 1912, published in the "Diário do Govêrno" No. 164 of the 15th July of the same year, are hereby re-established and enter immediately in force. Art. 2. Legislation to the contrary is hereby revoked. SUMMARY OF THE PRESS LAW, 1910. CHAPTER I. Art. 1. States that the expression of thought by the Press "is free, independently of censorship, and without previous authorisation." Art. 2. Imposes the penalty of dismissal, a fine of 200$000 to 1,000$ 000 reis and damages on any official who is proved to have *This was only a war measure. [8625] I 2 in any way impeded the free circulation of any publication whatever. Art. 3. Every publication must have its own title, which must not encroach on that of any other publication. Art. 4. The editor of any periodical must be a Portuguese citizen in possession of full civil rights. No person can be editor of more than one publication at the same time. Art. 5. The name of the editor or director and the place of publication must appear on the first page; penalty for disobedience, 5 milreis and suspension. Art. 6. Non-periodical publications must bear the printer's name; penalty, one to three months' imprisonment, or fine. Art. 7. Penalties for false statements in regard to Articles 5 and 6. Art. 8. Under penalty of 1 milreis for disobedience, copies are to be supplied to certain persons-the Procurator of the Republic, the Ministers of Justice and of the Interior and the Libraries of Lisbon, Oporto and Coimbra. Art. 9. This applies also to non-periodical publications with certain exceptions. CHAPTER II.-Abuses, and Responsibility for Abuses. Art. 10. Abuses of the liberty of the Press are defined as follows: : (1.) By certain articles of the Penal Code which include: attacks made by priests, in the course of their sermons, on the authorities of the law of the land; offences against foreign Sovereigns or Heads of States by word or writing, or against their representatives in Portugal; offences by words or threats against members of the legislative Chambers, administrative or judicial officials, professors, against officers representing the forces of order in the performance of their duties; defamation and imputation of dishonourable actions to any person; offence of defaming by implication; offence against any corporate body exercising public authority; malicious performance of any act derogatory to the respect due to the public authorities; outrage to public morals. (2.) Offences, threats, &c., against the President of the Provisional Government or of the Republic. Art. 11. Punishment of thirty-three days of correctional prison for offences against foreign Sovereigns and Heads of States, outrage to public morals and incitement to crime committed by exposure through placards or writings in public places. Prohibition to booksellers or their agents to expose pornographic literature or insulting publications. Art. 12. In considering a case, the Court will take into account the author's intentions and antecedents and the circumstances of publication. Art. 13. Discussion and criticism of legislative acts, political and religious doctrines, acts of the Government, &c., are allowed in order to educate the public mind and prepare it for the necessary reforms. Art. 14. Publication in the Press of libels, &c., against the public authorities is considered tantamount to the same offence committed in their presence. Art. 15. Where several offences against the same person exist in the same document, prosecution can only be made on the ground of all of them. Art. 16. Offences mentioned in this decree will be met by punishments laid down in the Penal Code, except those relating to the offence of calumny, which are dealt with in the following articles, but the first three offences after the publication of this law will be punished by fine instead of by imprisonment, whilst it is left to the discretion of the Judge to apply general and particular rules with regard to repetition of offences when proceedings have been instituted in consequence of public accusation. Art. 17. In all cases of libel, the defendant must prove the truth of the facts he alleges whoever the person may be against whom he has made allegations. An offence amounts to libel when directed against certain official persons. If, however, the offence is against persons in their private capacity, the defendant is only obliged to explain the grounds for the offence. The offender will not be allowed to prove a libel or offence against the President of the Republic, foreign Sovereigns or diplomats. Art. 18. If the defendant is unable or unwilling to substantiate his allegations he will be punished by from three months to two years of correctional prison and will have to pay compensation. Arts. 19 and 20. Relate to procedure. Art. 21. The persons responsible for abuses of the liberty of the Press are: (a) the author, (b) the editor, (c) the proprietor, (d) the owner of the printing establishment or his representative. Art. 22. The editor is assumed to be the author of all unsigned articles dealing exclusively with politics and criticism, unless he gives his word of honour that he is not so. Art. 23. Printers, newsagents and newspaper vendors are not held responsible, except under Articles 11 and 21 (d). Art. 24. The civil responsibility, which includes both compensation and the costs and stamps of the case, rests on all the defendants and on all persons mentioned in Article 21. Art. 25. All fines collected under the present decree will form a special fund to help associations of journalists and Press employees. CHAPTER III.-Competence and Form of Procedure. Art. 26. Determines the place in which trials are to be held, according to the district where a periodical is printed or where its principal office is situated. [8625] I 3 Art. 27. In cases concerning the Heads of foreign States, the Procurator of the Republic can only proceed when requested to do so by the Government in question and by the injured parties. Art. 28. All Press cases shall be tried by jury. Art. 29. Deals with procedure. Art. 30. The plaintiff is not bound to appear in Court, but may be represented. Art. 31. Deals with procedure. General Provisions. Art. 32. A paper must at once insert the defence or denial of any person whom it has injured. Then follow (§ 1-§ 5) the manner in which such corrections are to be inserted and the fines which attach to non-fulfilment of this obligation on the part of the editor. Art. 33. When matter is published which might be construed to the detriment of any person, that person may notify the author or editor as the case may be, and ask whether they intend to refer to him. If the author, &c., states that it was not intended for the person in question, he may not be sued; but if he gives no answer, or an unsatisfactory one, he may be sued. Art. 34. The introduction of foreign publications may only be prevented by the Government in the cases mentioned in Articles 10 and 11 respecting pornographic literature and insulting publications. Art. 35. All laws contrary to the present provisions are cancelled. Art. 36. The present decree is to enter into immediate effect, and is to be submitted to the Constituent Assembly. ROUMANIA. ARTICLES 25 AND 26 OF THE NEW CONSTITUTION FOR GREATER ROUMANIA RELATIVE TO THE PRESS LAWS. Article 25. The Constitution guarantees to all persons the liberty to communicate and to publish their ideas and their opinions either by speech or in writing or by the Press. individuals being held responsible for the abuse of this liberty in such cases as are specified in the Penal Code, which can, however, in no way restrict the right itself. Nor can any No special law can be made in this sense. censorship or other measure be created for the purpose of preventing the issue, sale or distribution of any publication. No previous sanction is required from any authority for issuing a publication. No guarantee will be required of journalists, writers, typographical or lithographical editors. The Press will never be subjected to a system of cautions. |