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A Comparison
of laws in Eastern-Central Europe and Central Asia
With Reference to Freedom to Publish
- Fundamental rights.
- Legal basis of the right to
publish.
- Changing the law.
The fundamental rights,
connected to the freedom of publishing are specified as follows in the
constitutions of the respective countries:
The constitution guarantess the freedom of:
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Azerbaijan
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thought and speech
information
creative activity
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Bulgaria
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opinion
press
creative activity
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| Croatia |
thought and expression of thought
press and other media of communication
free establishment of all institutions of public communications
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Georgia
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speech and thought
intellectual creativity
information
opinion
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Hungary
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declaration of views and opinions
press
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Kyrgyzstan
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thought, ideas and opinion
creativity
press and transmission
information
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Lithuania
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opinion
information
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Moldova
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opinion and expression
creation
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Poland
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speech
information
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Romania
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thought and opinion
expression
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Slovakia
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speech
information
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Slovenia
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expression of thought and speech
press
Freedom of information
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Tajikistan
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declaration of view
press
information
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Ukraine
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speech
opinion and view
information
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Yugoslavia
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opinion
press
information
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2. Laws on the right to publish.
The wording in the legal rules and regulations connected to publishing
usually suggests reference to mass media or the press, book publishing
being implied only indirectly.
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Azerbaijan
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The right to: express thoughts and convictions,
to seek out, acquire, prepare and distribute information in any
form including mass media; to found mass media; to possess, use
and order mass media; to purchase, prepare, keep and exploit technical
arrangements and equipment, raw stuff and materials necessary for
the production and distribution of mass media products, shall not
be limited in the Azerbaijan Republic with the exception of rules
envisaged by the law on mass media.
Monopolisation of mass information shall not be tolerated.
(The Law on Mass Media)
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Bulgaria
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The press and the other mass
information media shall be free and shall not be subject to censorship.
(The Constitution)
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| Croatia |
Censorship is forbidden
The right to correction shall be guaranteed to anyone whose constitutionally
determined rights have been violated by public communication.
(The Consitution)
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Georgia
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Every individual has the right to receive
freely and to disseminate information to express and spread their
opinion in written form.
Mass media is free. Censorship is prohibited.
Monopolisation of the mass media or the means of spreading information
by the State or legal or natural persons is prohibited.
(The Constitution)
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Hungary
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Everyone has the right to make press products
and make them public.
(The Act on the Press)
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Lithuania
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Individuals shall have the right to have
their own convictions and to freely express them. Individuals must
not be hindered from seeking, obtaining or disseminating information
or ideas.
The State, political and public organisations, other institutions
or persons shall not monopolise mass media.
(The Constitution)
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Moldova
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The State shall guarantee to all the persons
the freedom to express their opinions and thoughts … by means
of periodical publications and press agencies, which carry on their
activity on the basis of political pluralism and in compliance with
the legislation on copyrights.
Censorship of any kind upon periodical publications and the press
agencies, entanglement in their activity and broadcasting of information
shall be prohibited.
(The Law on the Press)
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Poland
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Everybody is free to speak, and to obtain
and disseminate information.
(The Constitution)
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Romania
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Any censorship shall be prohibited.
Freedom of the press also involves unhindered establishment of publications.
No publication may be suppressed.
Public and private media shall be bound to provide correct information
to the public.
(The Constitution)
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Slovakia
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Everybody has right to express their opinions
in words, in writing, in print, in picture or in any other way.
Publishing of the press is not subject to any licensing procedure.
The law shall stipulate the conditions.
(The Constitution)
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Slovenia
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Freedom of expression of thought, speech,
public performance, press and other forms of public communication
and expression shall be guaranteed. Everyone is free to collect,
receive and circulate information and opinion.
(The Constitution)
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Tajikistan
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Everyone has the right to freedom of expression
and opinion, to deliver their opinion in any form of publishing
or other mass media.
(The Law on Press and other
mass media)
Freedom of publishing activity, freedom of
the author to choose a subject, the number of copies, prices and
discounts (extra-charges) for print products.
Any demand made by officials to co-ordinate print materials, withdrawal
or corrections of parts of text and the distribution of printed
products shall be prohibited on any basis not provided for by Law.
(The Law on the Publishing
Sector)
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Ukraine
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The interference of state bodies, their officials,
civic organisations and individual citizens in the organisational
and creative activity of publishers, as well as censorship as a
means of controlling the ideological content of publications is
prohibited. Specially authorised bodies may only control the content
of information that is specifically protected by law.
(The Law on Publishing)
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Yugoslavia
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Freedom of the press and other means of public
information is guaranteed.
Censorship of press and other means of public information is prohibited.
(The Constitution)
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3. Our collection has
information on the way of changing the fundamental laws on the freedom
to publish in a single case only (Hungary). This indicates that a qualified
majority, i.e. two thirds of the members of Parliament, is needed for
any modification of the act on press.
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