this connection a person who contributes to material in a
periodical by other means, as author or other originator, is
equated with a person communicating information for
publication.
If communication or procurement is punishable under law
pursuant to paragraphs one and two, relevant provisions of law
apply. Cases concerning liability under penal law or private
claims for damages on account of an offence now referred to
shall be heard as freedom of the press cases, unless Chapter 12,
Article 1, paragraph two, sentence three, applies in a similar
manner. The provisions of Chapter 3 shall apply in respect of
the source’s right to anonymity: the rule laid down in Article 3,
point 3, however extends also to offences against the security
of the Realm other than those referred to therein.
Chapter 14. General provisions
Art. 1. Provisions of law relating to the re-opening of closed
cases in general apply also to rulings in freedom of the press
cases, even if the question of whether an offence has been
committed has been tried by a jury.
If a case in which a jury has tried the question of whether an
offence has been committed is re-opened and its re-opening is
founded on circumstances which may be presumed to have
influenced the jury’s deliberations, it shall be decided at the
same time to resubmit the case to a jury of the court which first
pronounced judgment. If a retrial is granted in favour of the
defendant and the matter is manifest, the court granting the
retrial may instead revise the judgment forthwith.
Art. 2. When, as a result of a ruling by a higher instance, a
freedom of the press case in which a jury participated is to be
retried before a jury of the court which first pronounced
judgment, the provisions of Chapter 12, Articles 10 to 14, apply
with respect to the empanelling of the jury.
Art. 3. Freedom of the press cases and other cases concerning
offences against the provisions of this Act shall always be dealt
with promptly.
Art. 4. Repealed.
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