FRESSOZ AND ROIRE v. FRANCE JUDGMENT
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if a problem arose – that is, if certain information were published and that publication
were challenged by the persons concerned – the only legal provisions governing it
would be those specifically concerning the freedom of the press or of audiovisual
communication ...”
II. RELEVANT DOMESTIC LAW
A. Freedom of the Press Act of 29 July 1881
25. The relevant sections of the Freedom of the Press Act of 29 July
1881 provide as follows:
Section 1
“Anyone may print or sell books and other publications”.
Section 5
“Any newspaper or periodical may be published without prior authorisation or the
payment of any security, provided that the declaration required by section 7 has been
made”.
Section 6
“All press publications must have a publishing director ...”
Section 42
“The following persons shall be liable, as principals and in the following order, to
penalties for serious crimes (crimes) or other major offences (délits) committed
through the press:
(1) publishing directors or publishers, whatever their profession or title and, in the
circumstances defined in section 6(2), joint publishing directors;
(2) in the absence of any of the foregoing, the actual offenders;
...”
B. The Code of Tax Procedure
26. The relevant Articles of the Code of Tax Procedure provide as
follows: