Page:Encyclopædia Britannica, Ninth Edition, v. 19.djvu/737

Rh PRESS LAWS 713 with death. Censorship was abolished and the press declared free by art. 86 of the constitution granted by Frederick VII. on 5th June 1849, and confirmed by Christian IX. in 1866. Art. 81 for bids the search for or seizure of printed matter in a dwelling-house, unless after judicial proceedings. France. The Government began early to impose stringent re strictions upon printing. An edict of Henry II. in 1559 made it punishable with death to print without authority. The university of Paris originally claimed the right of licensing new theological works, a jurisdiction vested in the crown by an ordinance of 1566. Offences against religion were severely punished by the secular authorities. Thus the parliament of Toulouse sent Vanini to the stake in 1619 for the crime of publishing a heretical work. A few years later, in 1626, Cardinal Richelieu declared it a capital offence to publish a work against religion or the state. In 1723 appeared a regulation forbidding any but licensed booksellers to deal in books. -Many later regulations were directed against unlicensed presses, the employment of more than a certain number of workinen, &c. At the Revolution all these restrictions were abolished, and the assembly declared it to be the right of every citizen to print and publish his opinions. This new liberty quickly needed a check, which was attempted as early as 1791, but no effectual restraint was imposed until the law of 5th February 1810 established a direction of the press. The charter of Louis XVIII. in 1814 gave liberty to the press in express terms, but restrictions soon followed. In 1819 a system of sureties (cautionnements) replaced the censor ship. The Revolution of 1830 was caused by, inter alia, one of the ordinances of St Cloud (25th July 1830) for suspension of the liberty of the press. Restrictions on the liberty were removed for the time in 1830 and 1852, only to be succeeded as usual by the press laws of 1835 and 1852. During the second empire Govern ment prosecutions for libel were used as a powerful engine against the press. The proceedings against Montalembert in 1858 are a well-known instance. Between 1858 and 1866 many newspapers were suppressed by proclamation. With the republic liberty of the press was completely re-established. A decree of 27th October 1870 submitted press offences to trial by jury. 1 The law of 29th July 1881, by which the French press is now regulated, begins by asserting the liberty of the press and of bookselling. The principal limitations of this liberty are the prohibition to publish criminal proceedings before hearing in public, or lists of subscriptions for indemnifying an accused person, and the power of forbidding the entrance of foreign newspapers under certain circumstances (see vol. xvii. p. 427). The order of responsibility for printed matter is (1) the manager or editor, (2) the author, (3) the printer, (4) the vendor or distributor. Proceedings for breaches of the law must be taken within three months. As to taxation, the decree of 5th September 1870 abolished the stamp duty upon newspapers, but it is still imposed upon public notices (affichcs] other than those of public authorities. None but the notices of public authorities may be printed on white paper. Germany. Censorship was introduced by the diet of Spires in 1529. From that time till 1848 there were numerous restrictions on the liberty of the press. One of the most important was a resolution of the diet of 20th September 1819, by which newspapers were subject to licence and police supervision in each state. Liberty dates, as in Austria and Italy, from 1848. Soon after that&quot; year, however, it became necessary to establish press laws in most of the German states, as in Bavaria in 1850, Prussia and Baden in 1851. Since the establishment of the new empire censorship has dis appeared. By art. 74 of the constitution of the empire (1871) every one attacking the empire or its officers through the press is liable to punishment in his own state. By art. 4 the laws relat ing to the press are under imperial and not local control. The press law of 7th May 1874 is therefore in force throughout the whole empire. At its beginning it affirms the liberty of the press. Its main provisions are these. The name and address of the printer must appear on all printed matter. Newspapers and periodicals must in addition bear the name of some one person, domiciled in the empire, as responsible editor, and a copy of every number must be deposited with the police authorities of the district in which it is published. Foreign periodicals may be excluded by proclamation of the imperial chancellor for two years, if twice within the year they have been guilty of certain offences against the penal code. Criminal proceedings are not to be reported while still sub judicc. The order of responsibility for offences is the same as in France. Proceedings must be taken within six months. In certain cases printed matter may be seized without the order of a court. This may take place where (1) the publication does not bear the name of printer or editor, (2) military secrets are revealed in time of war, (3) justice would be defeated by the publication not being immediately seized. A judicial tribunal is to decide at once upon the legality of the seizure. The press law is not to affect regulations made in time of war or internal disturbance. A temporary law passed in 1878 gave the police large powers in the case of socialistic publications. 1 See Dalloz, Jurisprudence Generate, s.v. &quot;Presse&quot; ; Id., Titles Alphabet iques, 1845 77, s.v. &quot; Presse.&quot; Greece. The constitution of Epidaurus, 1st January 1822, did not specially mention, though no doubt it implied, liberty of the press. Under Otho censorship was exercised up to 1844. By the constitution of 18th March 1844 every one may publish his thoughts by means of the press, observing the laws of the state. The press is free, and censorship (oyoicpiffia.) is not permitted. Responsible editors, publishers, and printers of newspapers are not required to deposit money on the ground of surety. Publishers of newspapers must be Greek citizens, art. 10. The legislature may exclude reporters from its sittings in certain cases, art. 48. Press offences are to be tried, by jury, except when they deal only with private life, art. 93. Holland. The press has been free since the existence of the present kingdom of the Netherlands, which dates from 1815. Liberty of the press is expressly secured by art. 8 of the constitu tion of 1848. By art. 286 of the penal code seditious books and newspapers may be seized. By art. 283 of the same code and by a royal decree of 25th January 1814 the name of the printer must appear upon newspapers. Press offences are not tried by jury. Italy. The strict licensing of the press in Italy excited the derision of Milton. In the Arcopagitica, he gives examples of the licences of that period which were usually imprinted at the beginning of a book. The laws of the different states varied in severity. Thus it was a matter of complaint against Venice by Paul V. that she allowed the publication of works censured at Rome. The power of the church is seen in the fate of Bruno and Galileo. By art. 27 of the political code of Sardinia, granted by Charles Albert on 4th March 1848, and still in force, the press is free, but abuses of the liberty are restrained by law. Bibles, catechisms, and liturgical works must be licensed by the bishop. The present press law of Italy is contained in the law of 26th March 1848, as altered by later enactments. Everything printed in typographical characters, or by lithograph} or any similar means, must indicate the place and the date of printing and the name of the printer. A copy of everything printed must be deposited with certain officials and at certain libraries. Before the publication of any newspaper or periodical, notice of the intended publication must be given at the office of the secretary of state for internal affairs. The notice must contain (1) a declaration of the legal qualification of the person intending to publish, whether as proprietor or editor, (2) the nature of the publication, and (3) the name and residence of the responsible editor. Every newspaper is bound to insert gratuitously a contradiction or explanation of any charge made against a person in its columns. For contravention of these and other regulations there is a statutoiy penalty not exceeding 1000 lire (40). The publication of a newspaper may be suspended until the payment of a fine. The publication of parliamentary debates is permitted. Press offences are tried by a jury of twelve. By a law of llth May 1877 it is forbidden to publish any indication of the way in which individual judges or jurors voted in their deliberations. Mexico. A board or &quot;junta&quot; of censors existed during the Spanish dominion. The fundamental law of Mexico is now the constitution of 1857, as amended by subsequent additions. By art. 6 the expression of ideas cannot be the object of any judicial or administrative inquiry, unless in case of attacks on morality, public order, &c. By art. 7 the liberty of writing and publishing writings on any subject is inviolable. Censorship is abolished, and press offences are to be tried by one jury which testifies the act and another which applies the law and defines the penalty. Norway. The liberty of the press is secured by art. 100 of the constitution of 1814. No one can be punished for any writing unless he, or some one by his instigation, offend against the state, law, religion, or decency, or make infamous accusations against any one. Criticism of the Government is expressly permitted. Ottoman Empire. By art. 12 of the constitution of 23d December 1876 the press was recognized as free, subject to the limits imposed by law. Press laws had been previously enacted on 5th March 1865 and 12th March 1867. Portugal. It is stated by Braga and others that a free press existed up to the establishment of the Inquisition, and that Gil Vicente (died 1536) was the last writer who dared to express his thoughts freely. At a later period Bocage was imprisoned for writings displeasing to the authorities. Boards of censorship under the names of the &quot;Real Mesa Censoria,&quot; or the &quot;Mesa do Desembargo do Paco,&quot; assumed to license publications. Liberty of the press was, however, finally secured, and censorship limited, by art. 7 of the constitution granted by John VI. in 1821. By art. 8 a special tribunal was constituted in both Portugal and Brazil to protect the liberty of printing. The censorship was con fined to that exercised by the bishops over theological or dogmatic works. The debates in the legislature and proceedings in the courts of justice are not generally reported. Roumania. By the constitution of 30th June 1866, art. 5, Roumanians enjoy liberty of the press. By art. 24 the constitution guarantees to all the liberty of communicating and publishing ideas through the press, every one being liable for abuse in cases deter - XIX. 90