A PROCLAMATION TO PROVIDE FOR THE

FREEDOM OF THE PRESS

PROCLAMATION No. 34/1992

 WHEREAS the existence, promotion and expansion of a free and strong press are prerequisites for the full translation into practice of freedom of expression;

 WHEREAS free press, not only provides a forum for citizens to freely express their opinions, but also plays a prominent role in the protection of individual and peoples' rights and the development of a democratic culture as well as in affording citizens the opportunity to form balanced views on various topical issues and to forward their opinions on the directions and operations of government:

 WHEREAS press can play this role only when appropriate conditions are created under which it can operate freely and responsibly without any censorship and restrictions of a similar nature;

 WHEREAS, to this effect, it is necessary to issue the appropriate law providing for the freedom, rights and duties of the press;

 NOW, THEREFORE, in accordance with Article 9 (d) of the Transitional Period Charter of Ethiopia, it is hereby proclaimed as follows:

PART ONE

General

1. Short Title

 This Proclamation may be cited as "Press Proclamation No. 34/1992".

2. Definitions

 In this Proclamation, unless the context otherwise requires:

1.      "Press" means any establishment of mass medium activity such as newspapers, magazines, periodicals, journals, pamphlets, news agencies, radio, television, motion pictures, pictures, films, cartons, books, music, electronic publishing, plays and includes all media of mass communication;

2.      "Journalist" means any person who is engaged as an editor, reporter, cartoonist, graphic artist, photographer, cameraman or technician exercising such professional activity as seeking, receiving or dissemination of news and information;

3.      "Safety of the State" means the national security of the State;

4.        "Person" means any natural or juridical person.

3. Freedom of the Press

1.      Freedom of the press is recognized and respected in Ethiopia.

2.      Censorship of the press and any restriction of a similar nature are hereby prohibited.

4. Purposes of the Press

1.      Press stands for the pursuit of fundamental freedom, peace, democracy, justice, and equality and for the acceleration of social and economic development.

2.      Accordingly, press:

a.       Gathers and disseminates news;

b.      Expresses opinions on various issues;

c.       Forwards criticisms on various issues

d.      Participates in forming public opinion by employing various other methods

e.       Undertakes other activities necessary for the accomplishment of its purposes.

PART TWO

Right to Engage in Press Activities

5. Right to carry on Press Activity

1.      Any person who is an Ethiopian national may singly or jointly with other persons having Ethiopian nationality, carry on any press activity.

2.      Sub-article 1 of this Article does not affect:

a.       The right of any person who is an agent of a foreign press to gather reports of events in Ethiopia and to transmit same to his organization abroad;

b.      The right of embassies, international organizations and foreign aid organizations to carry on such press activities as are necessary and customary for the accomplishment of their missions.

6. Registration

1.      Any Ethiopian national who desires to carry on any press activity shall be registered in accordance with the law appropriate to the nature of the press activity he intends to carry on.

2.      Where the purpose in respect of which an organization is registered requires for its accomplishment, the carrying on of any press activity, such organization shall, for the purpose of this Proclamation, be deemed to have been registered in respect of such press activity.

3.      Where the activity given by law to any government office or organization requires the carrying on of any press activity, such office or organization shall, for the purpose of this Proclamation, be deemed to have been registered.

4.      The relevant provisions of the Commercial Code shall apply to any press activity carried on professionally and for gain.

7. Requirement of Press License

1.      Any person registered in accordance with Article 6 of this Proclamation who is prepared to commence any press activity shall have to obtain a license issued by the Minister of Information or, in the case of any press whose circulation is confined within the limits of a regional self-government, by the Information Bureau of the regional self-government. The application for license shall contain the following particulars:

a.       The name of the proprietor of the press;

b.      The editor-in-chief and the deputy editor-in-chief of the press;

c.       The type of press activity;

d.      The address of the head office of the press;

e.       The name of the press;

f.        The name and address of the publisher.

2.      The Minister of Information or the regional Information Bureau shall issue the license within 30 days from the date of submission of application for a license. The License shall be deemed granted where the Minister or the Information Bureau fails to issue it within this time limit.

3.      The allocation and utilization of radio waves shall be determined by law to be issued in future. This shall not affect the operation of presently existing press.

4.      The proprietor of a press shall forthwith notify the licensing authority of any changes made in the particulars referred to under sub-article 1 of this Article.

5.      A license once issued shall unless suspended or cancelled by an order of the court, be renewed automatically annually upon payment of the prescribed renewal fee.

PART THREE

Right of Access to Information

8. Right of the Press to Have Access to, and to Disseminate Information

1.      Any press and its agents shall, without prejudice to rights conformed by other laws, have the right to seek, obtain and report news and information from any government source of news and information.

2.      Any press and its agents shall have the right to disseminate news, information and other products of press in their possession.

3.      Sub-articles 1 and 2 of this Article shall not apply to:

a.       Information designated as secret by the Council of Representatives or the Council of Ministers;

b.      Information which is secret by virtue of other laws;

c.       Unless the court decides otherwise, information relating to any case heard by a court in camera;

d.      Information relating to a case pending before any court;

e.       Unless the person concerned consents, information which is private to a victim of a crime;

4. a) The publisher or the editor of any press may not be compelled to disclose the source of any news or information which has been used in the preparation of his press.

b) The court may order the publisher or editor of the press to disclose his source of information in the case of a crime committed against the safety of the state or of the administration established in accordance with the Charter or of the national defense force, constituting a clear and present danger, or in the case of proceedings of a serious crime, where such source does not have any alternative and is decisive to the outcome of the case.

9. Right of Reply

1.      Where any information or matter concerning any person is reported in a press, such person shall have the right to reply in the press in which the report appeared.

2.      The press in which such report appeared shall give to the person concerned the opportunity in due time to make a reply proportionate to the report and in such manner that those who knew about the original report can readily notice the reply.

3.      The provisions of sub-articles 1 and 2 of this Article shall not affect the provisions of Article 2049 of the Civil Code.

PART FOUR

Responsibilities of the press

10. Ensuring the Lawfulness of the Contents of Press Products

1.      Every press has the duty to ensure that any press product it circulates is free from any content that can give rise to criminal and civil liability.

2.      Without prejudice to the generality of sub-article 1 of this Article, any press shall have the duty to ensure that any press product it issues or circulates is free from:

a.       Any criminal offence against the safety of the State or of the administration established in accordance with the Charter or of the national defense force;

b.      Any defamation or false accusation against any individual nation/nationality, people or organization;

c.       Any criminal instigation of one nationality against another or incitement of conflict between peoples; and

d.      Any agitation for war.

3.      Responsibility for carrying out the duties specified under sub-articles 1 and 2 of this Article shall lie as follows:

a.       In the case of a periodical press such as a newspaper, magazine or journal, on the concerned editor, journalists or publisher;

b.      In the case of press other than those specified under this sub-article 3(a), on the publisher;

c.       In the case any press product disseminated by radio or television, on the concerned journalist and program editor.

11. Keeping a Record of Authors

1.      Any press shall keep a record of the name and address of the author or editor of every press product.

2.      Where the author or editor of any press product uses a pen name, this shall be indicated in a prominent place in the press product itself.

12. Matters to be Indicated in Press Products

1. a) Any press which disseminates its press product through publication shall print the name and address of the proprietor of the press, the names, addresses and residence of the editor-in-chief, the deputy editor-in-chief and the publisher.

b.      In the case of press products disseminated in other types of press, the name and address of the publisher as well as the name of the editor shall be printed in an appropriate place.

2.      Where any press reproduces any news or report originating from a news agency or any press product obtained from any specified source, the proprietor responsible for the press product including the editor shall be declared.

3.      Where any change occurs in the proprietor, editor, journalist or any other member of any press, such change and the full names of the substitutes shall be declared in the press.

4.      Where any press disseminates any press product for consideration, it shall show such press product under a "classified" column or in any such manner as can clearly indicate this fact.

13. Gratuitous Copies

Every press shall, within not more than twenty-four (24) hours of dissemination, submit two gratuitous copies of every press product it disseminates:

1. To the head of the Information Bureau of the region where dissemination is confined within the limits of a region; or
2. To the Minister of Information where dissemination extends beyond the confines of a region.

14. Responsibilities of Press

1.      Responsibilities of press arising from criminal offences and/or civil damages shall be as laid down in the Penal Code and the Civil Code.

2.      Notwithstanding any other law to the contrary:

a.       The concerned press as an organization shall have joint liability for any criminal acts committed and/or any civil damages caused by press.

b.      Where, in any civil suit, the liability of any press for any civil damage is established pursuant to this sub-article 2(a), the court may award, in the case of a non-profit making press, reasonable compensation having regard to the seriousness of the damage, and, in the case of a profit-making press, compensation up to double the capital of the press registered under the Commercial Code, having regard to the seriousness of the damage.

PART FIVE

Taking of Lawful Measures

15. Powers of the Prosecutor

1.      The prosecutor of the Central Government or of a region as the case may be, may where he has sufficient reason to believe that a press is ready to disseminate any illegal press product which may cause serious damage, enjoin the dissemination of such press product.

2.      Whenever any measures of enjoinder is taken pursuant to sub-article 1 of this Article, such measure shall be submitted to the Central High Court or to the regional high court, as the case may be, within not more than twenty-four (24) hours of taking the measure.

3.      The prosecutor shall be legally liable for any unjustified exercise of his powers under this Article.

16. Powers of the High Court

The Central High Court or a regional High Court may, upon receipt of a measure of enjoinder in accordance with sub-article 2 of Article 15:

1. Where it finds that the press products is illegal and can cause serious damage, prohibit the dissemination of the press product or, where necessary, order its confiscation and destruction within a fixed time; or
2. Where it finds that the press product is not illegal or that it cannot cause serious damage, quash the measure of enjoinder taken by the prosecutor of the Central Government or by a regional prosecutor.

2. The court shall render its decision within forty-eight (48) hours of the submission to it of the case.

3. The decision of the court shall be executed within seventy-two (72) hours unless a stay of execution is ordered by an appellate court.

4. Any court order issued in accordance with sub-article 1(a) of this Article, shall not affect any criminal and/or civil suits against the person responsible under criminal and/or civil law.

PART SIX

Miscellaneous Provisions

17. Imported Press Products

1.      Any press product imported into Ethiopia shall be deemed to have been made in Ethiopia.

2.      The importer, distributor and vendor, other than a person who permanently imports exclusively for his personal use, shall be liable for any criminal or civil offence arising from such press product as follows:

a.       In the case of civil suits, jointly or severally;

b.      In the case of criminal suits, punishment of one precludes punishment of the other.

18. Transitory Provisions

Every press which is established prior to the coming into force of this Proclamation and which is undertaking any press activity shall register in accordance with Article 6 and obtain license in accordance with Article 7 of this Proclamation within ninety (90) days from the effective date hereof.

19. Duty to Cooperate With the Press

Government officials shall have the duty to cooperate with the press in furtherance of the principle that the people have the right to know about the operations of government and the accountability of government officials.

20. Penalty

1.      Where any press is found to have failed to carry out its duties under sub-articles 1 and 2 of Article 10 of this Proclamation, the person liable pursuant to sub-article 3 of Article 10 shall, without prejudice to the liabilities and penalties under the Penal Code, be punishable with imprisonment for not less than one (1) year and not more than three (3) years or with a fine of not less than Birr ten thousand (Birr 10,000) and not more than fifty thousand (Birr 50,000) or with both such imprisonment and fine.

2.      Where any press is found to have contravened the provisions of Articles 6 and 7 of this Proclamation, the proprietor, the publisher or the editor-in-chief of the press shall be punishable with imprisonment not exceeding two (2) years or with fine not exceeding Birr ten thousand (Birr 10,000).

3.      Where any press is found to have failed to carry out its duties under sub-article 2 of Article 11 and Part Four of this Proclamation, the proprictor, publisher or editor -in-chief of the press shall be punishable with imprisonment not exceeding one (1) year or with a fine not exceeding Birr five thousand (Birr 5,000) or with both such imprisonment and fine.

4.      Whosoever violates or obstructs the implementation of this Proclamation, otherwise than is provided for under sub-articles 1,2 and 3 of this Article, shall be punishable in accordance with the Penal Code.

21. Jurisdiction

The interpretation of this Proclamation and the principles relating to the press laid down in other laws shall lie within the jurisdiction of:

1.      The regional High Court where the matter relates to a press whose dissemination is confined within the limits of a region;

2.      The Central High Court where the matter relates to a press whose dissemination extends beyond the confines of a region.

22. Conflict With Other Laws

Any law, regulations, directives, orders or practices inconsistent with this Proclamation shall not apply in respect of matters provided for herein.

23. Effective Date

This Proclamation shall enter into force on the date of its publication in the Negarit Gazeta.