permitted to inquire into the identity of the editor of nonperiodical printed matter. However if, where non-periodical
printed matter is concerned, the author or editor has been
identified on the publication by name, or by means of a
pseudonym or pen-name known generally to refer to a
particular person, or if a person has acknowledged in a written
statement that he or she is the author or editor, or has
voluntarily made such a declaration before a court of law
during the case, then the question of whether he or she is liable
may be considered during the proceedings.
The provisions of paragraph one notwithstanding, the
question of liability for an offence under Chapter 7, Article 3,
may be examined in the same court proceedings as cases
referred to therein.
Art. 3. A person who has engaged in the production or
publication of printed matter, or material intended for insertion
therein, and a person who has been active in an enterprise for
the publication of printed matter, or an enterprise which
professionally provides news or other material to periodicals,
may not disclose what has come to his or her knowledge in this
connection concerning the identity of an author, a person who
has communicated information under Chapter 1, Article 1,
paragraph three, or an editor of non-periodical printed matter.
The duty of confidentiality under paragraph one shall not
apply:
1. if the person in whose favour the duty of confidentiality
operates has given his or her consent to the disclosure
of his or her identity;
2. if the question of identity may be raised under Article 2,
paragraph one;
3. if the matter concerns an offence specified in Chapter 7,
Article 3, paragraph one, point 1;
4. in cases where the matter concerns an offence under
Chapter 7, Article 2 or 3, paragraph one, point 2 or 3, a
court of law deems it necessary for information to be
produced during the proceedings as to whether the
defendant, or the person suspected on reasonable
grounds of the offence, has communicated information
or contributed to an item; or
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5. when, in any other case, a court of law deems it to be of
exceptional importance, with regard to a public or