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Comparison of the Legal Instruments for Restriction of the Freedom to Publish in Eastern-Central Europe and Central Asia

  1. Grounds permitting a limitation on freedom to publish
  2. The procedure for the suspension and banning of the production and distribution of books
  3. Sanctioning

 

1. Grounds permitting a limitation on freedom to publish

Azerbaijan

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")

Bulgaria

This right [of expressing one’s 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)

Czech Republic

…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.)

Georgia

[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)

Hungary

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)

Lithuania

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)

Moldova

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)

Slovakia

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)

Slovenia

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).

Tajikistan

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)

Ukraine

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 people’s 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 person’s 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)

Yugoslavia

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)

2. The procedure for the suspension and banning of the production and distribution of books

Azerbaijan

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)

Bulgaria

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)

Czech Republic

Suspension of sales of a book can be proposed by an administrative body (District Administration Office) competent for the publisher’s 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 book’s 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 person’s 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)

Hungary

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)

Tajikistan

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)

Ukraine

Publishing activity may be terminated:

  • on the founder’s (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)

3. Sanctioning

Azerbaijan

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
)

Hungary

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)

Kyrgyzstan

Kindling national, racial or religious hostility (in public or in mass media) entails punishment.

(The Criminal Code)

Lithuania

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)

Slovakia

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)


© Center for Publishing Development, 2000
Oktober 6. Str. 12. 1051, Budapest, Hungary
phone: 36 1 327 3014 fax: 36 1 327 3042
e-mail: cpd@osi.hu