private interest, for information concerning identity to
be produced on examination of witnesses or of a party
in the proceedings under oath.
In examination under paragraph two, point 4 or 5, the court
shall scrupulously ensure that no questions are put which might
encroach upon a duty of confidentiality in excess of what is
permissible in each particular case.
Art. 4. No public authority or other public body may inquire
into the identity of the author of material inserted, or intended
for insertion, in printed matter, a person who has published, or
who intends to publish, material in such matter, or a person
who has communicated information under Chapter 1, Article 1,
paragraph three, except insofar as this is necessary for the
purpose of such prosecution or other action against him or her
as is not contrary to the provisions of this Act. In cases in
which such inquiries may be made, the duty of confidentiality
under Article 3 shall be respected. Nor may a public authority
or other public body intervene against a person because he or
she has in printed matter made use of his or her freedom of the
press or assisted therein.
Art. 5. A person who, whether through negligence or by
deliberate intent, inserts in printed matter the name, pseudonym
or pen-name of the author, or, in a case under Article 1, the
editor or source, against his or her wishes, or disregards a duty
of confidentiality under Article 3, shall be sentenced to
payment of a fine or to imprisonment for up to one year. The
same penalty shall apply to a person who, whether through
negligence or by deliberate intent, publishes in printed matter
as that of the author, editor or source, the name, pseudonym or
pen-name of a person other than the true author, editor or
source.
Inquiries made in breach of Article 4, paragraph one,
sentence one, if made deliberately, shall be punishable by a fine
or imprisonment for up to one year. Deliberate action in breach
of Article 4, paragraph two, provided the said measure
constitutes summary dismissal, notice of termination,
imposition of a disciplinary sanction or similar measure, shall
be punishable by a fine or imprisonment for up to one year.
Legal proceedings may be instituted on account of an offence
under paragraph one only provided the injured party has
reported the offence for prosecution.
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