Draft of RDTL Media Law reported by Parliament Committee A on 2 May 2014
Page 12
Rough translation by La’o Hamutuk. See http://www.laohamutuk.org/misc/MediaLaw/14MediaLaw.htm for original and other materials.
CHAPTER VI
FORMS OF LIABILITY
Article 38
Forms of liability
For acts injurious to the interests and values protected by law, committed through the press, the perpetrators
are civilly and criminally answerable.
Article 39
Liability
1. The author, the director or his legal substitute and the media company or organization are jointly liable
for the damage they have caused in cases of publication of text, sound or image in a media body,
2. Entitlement to compensation for damage caused by media lapses if the action is not brought within
three years from the date on which the publication or broadcast occurred, as provided in Article 432 of
the Civil Code.
Article 40
Offences
1. Violations of the provisions of this law which do not entail criminal liability, and for those which the
Press Council has exhausted its mediation mechanisms, if these mechanisms have taken place, are
judged by the Press Council, which applies the respective fines.
2. Decisions of the Press Council may be appealed to the court of first instance.
3. Allocation of revenue from fines referred to in the preceding paragraph shall be determined in joint
diploma of the Ministry of Finance and the Ministry that oversees the area of Media.
Article 41
Attacks on freedom of information
1. Is punished with imprisonment up to two years or a fine anyone who:
a) Obstructs or disturbs the composition, printing, distribution and free circulation of
publications;
b) Impounds any publications;
c) Takes or damages any materials necessary to the exercise of journalistic activity;
d) Prevents journalists or teams of press bodies from free access to public places;
e) Practices any other act that disrupts, impedes, jeopardizes or reduces the ability to exercise
journalistic activity under this law.
2. A civil servant or agent of the State who commits attacks on freedom of the press shall be punished
with imprisonment up to three years or a fine.
3. Attempted attacks are punishable.
4. The criminal liability of the offender does not affect the right to compensation under the general
liability regime.
CHAPTER VIII
PRESS COUNCIL
Article 42
Nature and independence
1. The Press Council is an independent administrative entity and shall exercise its powers and duties
without being subject to any guidelines or directions from political power.
2. The statute of the Press Council will be adopted by decree-law.