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Comparison of
the Legal Instruments for Restriction of the Freedom to Publish in Eastern-Central
Europe and Central Asia
- Grounds permitting a limitation
on freedom to publish
- The procedure for the suspension
and banning of the production and distribution of books
- Sanctioning
1. Grounds permitting
a limitation on freedom to publish
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Azerbaijan
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Use of mass media for the purpose of: divulging
state secrets or other secrets especially protected by the law;
the forcible overthrow or change of the existing constitutional
system and the integrity of the state; the propagation of war, violence
and cruelty, or national, racial, class, social or religious discrimination,
animosity and intolerance; the distribution of pornography; or the
perpetration of other criminal acts shall be prohibited.
Use of mass media for the purpose of intruding on the private life
of citizens, their honour and dignity shall be prohibited and prosecuted
according to the law.
(The Law on Mass Media)
In the following cases the Ministry of Information
and Press shall annul a licence:
if the respective application is presented by the holder of licence
if the requirements of normative acts are not observed by the holder
of licence or, in accordance with legislation of Azerbaijan Republic,
the licence is annulled by respective state bodies
- if the licence holder becomes bankrupt,
and if the fact of bankruptcy is confirmed in accordance with
the legislation of Azerbaijan Republic
- in the event that there is violation of
the necessary conditions and arrangements, required by the present
rules for the implementation of the given type of activity;
- in the event that the printing enterprise
violates the conditions of the licence issued, specifically in
the case of violation of copyright
- if the printing enterprise is notified
not less than twice about the violation of existing standards
and rules of labour, environmental protection, fire-protection
or sanitation
- in other cases stipulated by the legislation
of the Azerbaijan Republic
(Resolution 84 of the Cabinet
of Ministers
On the Approval of "Rules for issuing special permits
for mass media and publishing-printing activity")
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Bulgaria
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This right [of expressing ones opinion]
shall not be used to the detriment of the rights and reputation
of others, or for the incitement of a forcible change of the constitutionally
established order, the preparation of a crime, or the incitement
of enmity or violence against anyone.
(The constitution)
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Czech Republic
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…a publication lacking the legally required
information (imprint) cannot be publicly distributed.
(Non-Periodical Publications
Act)
(Reasons for which a book can
be suspended are only specified by general regulations. Criminal
law includes a list of criminal offences and the committing of any
of the listed criminal offences by the content of a book is a reason
for the sale of the book to be banned. Included in the Civil Code
is a provision involving the protection of personality. Should the
content of a publication represent a violation of the right for
the protection of personality, it can also be considered a reason
for the sale of the book to be banned.)
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Georgia
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[Freedom of the press] can be restricted
by law and by the conditions necessary in a democratic society for
the guarantee of state and public security, territorial integrity,
prevention of crime, and the defence of the rights and dignities
of others to avoid the revelation of confidentially received information
or to guarantee the independence and impartiality of justice.
(The Constitution)
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Hungary
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Exercise of the freedom of press must not
constitute a crime, nor call for crime, nor offend public decency
and nor infringe the personal rights of others.
(The Constitution)
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Lithuania
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Freedom to express convictions, as well as
to obtain and disseminate information, may not be restricted in
any way other than as established by law, when it is necessary for
the safeguard of the health, honour and dignity, or morals of a
person, or for the protection of constitutional order.
Freedom to express convictions or impart
information shall be incompatible with criminal actions - the instigation
of national, racial, religious, or social hatred, violence, or discrimination,
the dissemination of slander, or misinformation.
(The Constitution)
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Moldova
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The freedom of expression
may not harm the honour, dignity or the rights of other people to
have and express their opinions.
The law shall forbid and prosecute all actions
aimed at denying and slandering the State or the people. Likewise
shall be forbidden and prosecuted the instigation to sedition, war,
aggression, ethnic, racial or religious hatred, the incitement to
discrimination, territorial separatism, public violence, or other
actions threatening constitutional order.
(The Constitution)
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Slovakia
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Freedom of speech and the right to seek out
and disseminate information can be restricted by law if such measures
are necessary in a democratic society for the protection of the
rights and freedoms of other people, the security of the State,
public order, protection of public health and morality.
(The Constitution)
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Slovenia
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The freedom to publish may only be limited
by constitutionally authorised statute or, if necessary, because
of the nature of particular human rights or freedoms. The right
to publish may only be limited by the rights of others and in cases
determined by the Constitution.
Limitations of publishing activity may arise because of the protection
of certain information defined by the Penal Code (state, official,
business and military secrets).
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Tajikistan
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Mass Media shall not be used for the purpose
of divulging state or any other secret directly protected by law
and must not be used for interference with the personal life of
the citizens and encroachment upon their honour and dignity.
(The Law on Press and other
Mass Media)
Distribution of publications that contain
information composing of state or any other secret directly protected
by law, calls for the forcible overthrow of or change to the constitutional
order, constitute propaganda of war, violence and brutality, race,
national, religious exceptionality or intolerance, pornography,
or calls for other criminal actions, shall be prohibited.
(The Law on the Publishing
Sector)
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Ukraine
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Exercise of [the right to obtain information]
can be limited by law in the interests of ensuring national security,
territorial integrity or public order to prevent riots and crime,
preserve the peoples health, protect the rights and reputation
of other people, to avoid the disclosure of information received
in confidence, or to maintain the authority and impartiality of
justice.
It is prohibited to collect, store, use and
disseminate confidential information about a person without that
persons consent, except where it is provided for by law and
only in the interests of national security, economic well-being
and human rights.
Exercise of the right to information by citizens,
legal entities and the State should not violate public, political,
economic, social, spiritual, ecological and other rights, freedoms
and lawful interests of other citizens, as well as the rights and
interests of legal entities.
(The Constitution)
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Yugoslavia
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No one can prevent the distribution of press
and the dissemination of other information except if it is established
by court decision that they are being used to call for the violent
destruction of constitutional order, the disturbance of the State's
integrity, the violation of constitutional civil rights and freedoms,
or for provoking national, racial or religious intolerance.
(The Constitution)
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2. The procedure for
the suspension and banning of the production and distribution of books
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Azerbaijan
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Production and distribution of mass media
may only be suspended or liquidated by the decision of the founder
or by the court at the behest of the registration authority.
The founder has the right to stop or liquidate
the production and distribution of mass media only in cases specified
in the regulations of the editorial office or in the contract between
the founder and editorial staff (editor-in-chief).
If production and distribution of mass media
is liquidated, its editorial staff or editor-in-chief has preference
to found mass media with the same name.
In the event that the production and distribution
of mass media is liquidated, its registration certificate shall
be considered invalid.
(The Law on Mass Media)
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Bulgaria
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An injunction upon, or a confiscation of
printed matter or other information media shall be allowed only
by an act of the judicial authorities in the event of an encroachment
on public decency or incitement to a forcible change of the constitutionally
established order, the preparation of a crime, or the incitement
of violence against anyone. An injunction for suspension shall lose
force if it is not followed by confiscation within 24 hours.
(The Constitution)
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Czech Republic
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Suspension of sales of a book can be proposed
by an administrative body (District Administration Office) competent
for the publishers place of business when intercepting a book
which does not include the imprint required by the law. This issue,
however, is inadequately dealt with by the Non-Periodical Publications
Act, since it only states that a publication lacking the legally
required information [imprint] cannot be publicly distributed. For
this, the District Administration Office can impose a fine, it is
not, however, entitled to take any further steps in the matter.
The suspension of sales of a book can also
be proposed by The Public Prosecutor if the books content
constitutes a crime such as the defamation of race, nation, etc.
The suspension of sales of a book can also
be proposed by a person who is the copyright owner, in the event
that the book has been published without this persons consent
or when plagiarism is involved.
The specified persons can request the suspension
of the sales of a book by submitting a proposal for the issue of
the so-called preliminary measure by the means of which the distribution
and sale of the book in question would be banned. This proposal
is submitted to competent court representing the exclusive authority
for reaching a decision on the suspension of the sale of a particular
book.
(The Non-Periodical Publications
Act)
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Hungary
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This right can be limited by law to the extent
that is by all means necessary and proportional in the interest
of the assertion of other fundamental constitutional rights.
Upon the motion of a public prosecutor the
court can prohibit the publishing of a press product ... which commits
an offence against the above paragraph. The public prosecutor can
immediately suspend the publishing of such a press product... The
order of a public prosecutor to suspend publishing loses effect
when the decision in effect of a court becomes valid.
(Act II of 1986 on the Press)
The court decides on the prohibition of publishing
out of turn in the frame of a civil action without hearing. The
procedure is free of charge.
(Decree 12/1986 of the Minister
of Culture
on the Execution of Act II of 1986 on the Press)
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Tajikistan
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Liquidation by Court decision in the case
of the violation of the above rules in the upper table. When the
publisher does not issue print products for the period of two years
from the date of its registration, the charter of the aforementioned
publisher shall be recognised as invalid and subject to a new registration.
(The Law on the Publishing
Sector)
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Ukraine
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Publishing activity may be terminated:
- on the founders (or co-founders)
initiative;
- by virtue of a court decision;
- on other grounds envisaged by Ukrainian
legislation.
A subject of publishing activity is considered
to have ceased its activity from the moment of its deletion from
the State Register.
(The Law on Publishing)
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3. Sanctioning
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Azerbaijan
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In changing circumstances that were the basis
for terminating the effect of a licence, on the basis of the address
of the holder of a licence, the effect of licence may be renewed.
A licence is considered to be restored if a decision about it is
made by the Ministry of Information and Press. Within a 5-day period
from the moment of making such decision, the holder of the licence
and the state taxation authority must be informed about it.
(Resolution 84 of the Cabinet
of Ministers
On the Approval of Rules for Issuing Special Permits
for Mass Media and Publishing-Printing Activity)
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Hungary
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Any person who:
a) manufactures or distributes without permission
a press product the manufacturing or dissemination of which requires
a licence;
b) distributes a press product whose sequestration
or confiscation has been ordered;
commits a misdemeanour and shall be punishable
with fine.
(The Criminal Code)
(1) Any person who:
a) Without permission produces or distributes
a press product the production of which is subject to permission,
b) Distributes such press product that has
been ordered to be restrained or forfeited, supposing in either
case that the act affects a small quantity of press products, may
be fined up to thirty thousand forints.
(2) Any press product which was the object
of the misdemeanour contained in (1) can be forfeited.
(3) The procedure in cases of misdemeanour
contained in (1) belongs to the competence of the police.
(Government Decree No. 17/1968
on Various Acts of Misdemeanour)
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Kyrgyzstan
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Kindling national, racial or religious hostility
(in public or in mass media) entails punishment.
(The Criminal Code)
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Lithuania
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The manufacture, or keeping with intent to
distribute of pornographic writings, printed publications, pictures
or other objects of a pornographic character, as well as the distribution
thereof
inflict the penalty of imprisonment for up to two
years or a fine.
Using of children of under 18 years for the
manufacture of pornographic printed publications, pictures, video-films,
cinema films or other objects of a pornographic character
inflict penalty of imprisonment up to four years or fine.
Manufacture, distribution, demonstration
or storing with intent to distribute or demonstrate cinema and video-films
or other works propagating cults of violence or cruelty
inflict
imprisonment for up to two years, correctional services for the
same period, or a fine.
(The Criminal Code)
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Slovakia
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Any person who publicly defames:
a) Any nation, its language or any race
b) A group of inhabitants of the Republic
for their political beliefs or religion, or because they are without
a religion, shall be punished with imprisonment for up to one year
or by a fine.
Any person who publicly incites hatred of
any nation or race or restricts the rights and freedoms of their
members shall be punished by imprisonment for up to one year or
by a fine.
Any person who initiates the circulation
or distribution of, or makes publicly accessible, or produces or
imports written pornographic work, audio or visual media, pictures
or other objects threatening to morality, which disrespect mankind
or show violence, or display sexual intercourse with a child, an
animal or any other sexual pathological practices shall be punished
by imprisonment for up to two years, by fine or by forfeiture.
The offender shall be punished by imprisonment
for one to five years if he commits an act mentioned above as a
member of an organised group, in press, film, radio, television,
using a computer network or by any other similarly effective means,
or against a person younger than eighteen years or at a place accessible
to persons younger than eighteen years.
Any person who supports or propagates a movement
that is demonstrably aimed at the suppression of the rights and
freedoms of citizens, or who spreads national, race, class or religious
hatred (e.g. fascism or communism) shall be punished by imprisonment
for one to five years.
The offender shall be punished by imprisonment
for three to eight years if he commits an act mentioned above in
press, film, radio, television or any other similarly effective
means.
A transgression is committed by any person
who uses a work or an artistic performance under a copyright without
permission.
A transgression may be fined by up to 3000 SK.
(Act No. 140/1961 - The Criminal
Statute)
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