matter. The managements of inland newspapers also have this 2. The provisions of paragraph 59в of the Trading Regulations Article 9. 1. Newspapers may be retailed in the streets, and also, in so 2. The price must be clearly indicated on all copies of news- Article 10. 1. Persons under 18 years of age may not retail or distribute Article 11. No official permission is required to hang or affix printed matter Article 12. 1. On the application of an education authority or of an institu- 2. The authorities who have made such application and the Article 13. 1. Any person infringing or participating in the infringement of 2. In pronouncing sentence the Court may order the forfeiture where an individual cannot be prosecuted or convicted, the judge may order forfeiture independently. To ensure forfeiture, the copies of the printed matter in question may be seized. SECTION III.-Press Regulations. The provisions of this section do not apply to printed matter which is issued by the National Council, Federal Council, Federal Assembly, a Provincial Diet, the Academy of Sciences, or by a Federal or Provincial Authority, in the execution of their duties. The free copies (Article 21) are nevertheless to be delivered. Article 15. 1. The place of printing and publishing and the style or title of the printer and publisher must be stated on all printed matter. 2. Printed matter solely intended for the requirements of traffic, domestic or social life, or industry, is exempt from this regulation, as also are voting papers, and instructions regarding the manner of voting. Article 16. 1. In addition, the name of the publisher, together with the name, profession, and place of residence of the proprietor (newspaper publisher) and the name and place of residence of the responsible editor, must be stated on every copy of a newspaper. 2. Should there be several responsible editors, it must be stated for which portion of the newspaper each person is responsible. 3. In addition to the names of the printer and publisher, the name and place of residence of a person responsible for the contents must be indicated on all printed matter which is hung or affixed (Article 11) and also on such printed matter as does not exceed three sheets (Article 20) in so far as the printed matter does not come under the exceptions in Article 15, paragraph (2) Article 17. A printer who omits from printed matter any of the particulars required by Articles 15 and 16 shall be fined for such infringement 2,000 to 20.000 crowns. A fine of 3,000 to 30,000 crowns, or imprisonment up to fourteen days, is to be imposed on the person guilty of making false statements in this respect. The printer is only to be punished when he was aware that the statements were false. Article 18. 1. The responsible editor must be an adult person who possesses the right of voting for the National Council, and who has his permanent place of residence in the Austrian Republic. 2. A member of the National Council, Federal Council, or of a Provincial Diet cannot be a responsible editor while he enjoys [8625] B 4 his privilege of immunity (Articles 57, 58 and 96 of the Federal Constitution). 3. These provisions also apply to such persons as are indicated as responsible for the printed matter mentioned in the third part of Article 16. Article 19. 1. A person desiring to publish a newspaper must give notice to the authorities of public security (Article 7). The notification must contain: the title of the paper, the periodicity of its appearance, and the name and place of residence of the printer, publisher, owner and responsible editor. The notification becomes null and void if the paper does not appear within one month. Notice must be given beforehand of changes which take place during the publication, and also of the cessation of publication. If the change was not foreseen, notice must be given within three days. 2. Anyone failing to give such notification, or knowingly making a false statement in the notification, or stating as the responsible editor, or as the responsible person under Article 16, paragraph (3), a person who does not comply with the provisions of Article 18, shall be fined 2,000 to 20,000 crowns for such infringement. Article 20. 1. Upon publication, one copy of all printed matter, the size of which does not exceed three sheets, and of every issue of a newspaper, must be delivered by the printer to the public prosecutor (Staatsanwalt), and one copy to the authorities of public security (Article 7) of the place of publication. If the place of publication is abroad, these copies must be delivered to the public prosecutor and the officials of public security of the place of printing. If the printing is done abroad, the responsibility falls on the publisher. 2. News circulated by press agencies solely to newspapers, and printed matter as specified in Article 15, paragraph (2), are exempt from such delivery. 3. Art publications and music are returnable on demand if within fourteen days after delivery no legal proceedings have been instituted. Article 21. 1. A free copy of all printed matter which is issued or printed in Austria, shall be sent by the publisher or, if the printed matter is issued abroad, by the printer, within eight days from publication, to the National Library in Vienna; and a free copy to the University or provincial library, as may be ordered. 2. Printed matter specified in Article 15, paragraph (2), is not subject to such delivery. Orders may be issued for delivery of certain printed matter not ordinarily subject to such delivery, and for the delivery of further free copies of all or of certain printed matter. The total number of free copies must not exceed ten in the case of newspapers, or five in the case of other printed matter. 3. The delivery of free copies is post free. In the case of printed matter, of which the retail selling price exceeds 20,000 crowns, half the selling price is to be reimbursed if the printed matter is not returned within one month. In the case of works consisting of several parts reimbursement is only to take place when the selling price of the smallest part on sale exceeds the amount stated. Article 22. Infringements of the provisions laid down in Articles 20 and 21 are punishable with a fine of 2,000 to 20,000 crowns. Article 23. 1. The responsible editor of a newspaper is bound on the demand of a person concerned (whether an official or a private person) to publish without charge a correction of any statement made in the newspaper. The correction must be published without additions or omissions in the first or second issue appearing after its receipt, in the same part of the paper and in the same print as the statement corrected. A certificate of the receipt of the correction shall be issued on demand. (1.) If the correction is received more than two months after the publication of the statement to be corrected. (2.) If in connection with the article containing the statement in question the person concerned has already obtained a correction in the same journal. (3.) If the correction is not in German or in the language in which the statement was published. (4.) If the publication of the correction should be punishable. Article 24. 1. In order to enforce such demand, the person concerned (the authorities or a private person) may apply for the assistance of the Court (Article 33). The Court must issue a decision regarding the application without delay, and where possible within twenty-four hours. 2. On the application of the person concerned (1.) If publication did not take place within the prescribed period, the Court shall fine the responsible editor 2,000 to 20,000 crowns. (2.) If publication did not take place in the manner laid down by the law, the Court shall fine the responsible editor 2,000 to 20,000 crowns, and order publication. (3.) If publication was refused without cause, the Court shall fine the responsible editor 3,000 to 30,000 crowns, and order publication. (4.) If publication was only refused because the responsible editor through an excusable mistake did not consider the rectification to be a correction of the original statement.. the Court shall order publication, but pronounce that a fine be waived; this pronouncement is substituted for the decision regarding the fine. 3. Should it appear in the course of the legal proceedings that the refusal of the correction in the form demanded was admissible on the ground that it was not confined to a correction of the original statement, the Court shall determine what portion of the correction is to be published, shall order such publication, and shall acquit the accused. 4. When the Court orders publication of a correction, the correction so ordered shall be inserted in the issue of the periodical immediately succeeding the pronouncement of such order, or in the subsequent issue; or, if such pronouncement was made in the absence of the accused, the correction shall be inserted in the issue of the periodical immediately succeeding the service of the order upon him, or in the subsequent issue. The publication may not be delayed by an appeal. 5. If a correction is published in compliance with a pronouncement of the Court, and the publication ordered is subsequently cancelled, the responsible editor shall have the right to publish such cancellation order in the manner set forth in Article 23, at the cost of the plaintiff. 6. Whenever the Court pronounces that a correction shall be published, it shall at the same time order that, in default of compliance with the provisions contained in paragraph 4, further publication of the periodical shall cease. Each issue of the periodical published in contravention of this order is an offence (Übertretung) for which the responsible editor shall, at the instance of the person concerned, be fined from 2,000 to 20.000 crowns. Article 25. 1. The responsible editor of a paper which accepts advertisements for payment, is obliged to publish in one of the first three issues appearing after the receipt of such order, against payment of the usual fees for such publication, judicial decisions which the Court has ordered to be published in such paper. Publication must be made without interpolations, omissions or additions. 2. Should the responsible editor refuse publication without cause, or should he fail to carry it out in the manner specified above, he shall be fined 2,000 to 20,000 crowns for each issue published in contravention of this regulation. Article 26. 1. Newspaper advertisements, including advertisements in the text, for the acceptance of which the paper has received payment, must be clearly indicated as such. 2. The newspaper publisher and the owner of a paper in which this provision has been infringed are to be fined 3,000 to 30,000 crowns. In addition, the forfeiture of the payment received for the veiled advertisement shall be ordered. |