Criminal Code > TITLE II THE CRIME AND 4

CHAPTER IV PARTICIPATION IN CRIMES RELATING TO THE MASS MEDIA

Article 42- Principle.

(1) Notwithstanding the provisions of Articles 32-41, the provisions of this Chapter shall apply in the case of crimes relating to the mass media with a view to ensuring freedom of expression while preventing abuse.

(2) Crimes relating to the mass media are those which are committed by means of newspapers, books, leaflets, journals, posters, pictures, cinemas, radio or television broadcasting or any other means of mass media.

(3) The crimes may be committed against the honour of other persons, public or private safety or any other legal right protected by criminal law, and are committed where communication is made to the public through the mass media.

Article 43- Liability for Crimes Committed through the Mass Media.

(1) Criminal liability for crimes committed through periodicals shall be as follows:

(a) a person who was registered as editor in chief or deputy editor when the periodical was published shall be liable;

(b) if no license existed when the periodical was published or if the editor-in-chief liable under sub-article (1)(a) was no longer qualified or has or has otherwise ceased to function as editor-in-chief the publisher shall be liable;

(c) the publisher shall likewise be liable in cases in which the editor-in-chief was appointed merely for the sake of appearance, or was otherwise manifestly not in a position of exercising his powers at the time the periodical was published;

(d) if a deputy acting as chief editor was not longer qualified at the time the periodical was published, or it his appointment had otherwise expired, or if he is unable to exercise his powers the editor-in-chief shall be liable:

(e) where it is impossible to establish the identity of the publisher at the time of the publication of the periodical, the printer of the periodical shall be liable in lieu of the publisher;

(f) when a person disseminated a periodical which does not indicate who the printer was, or if such a statement is known to the disseminator to be incorrect, and if the identity of the printer cannot be ascertained, the disseminator is liable in lieu of the printer;

(g) in case of periodicals published abroad, the importer other than a person who imports the products for his personal use or any person who disseminates the press product shall be liable;

(2) Criminal liability for crimes committed through non-periodical printed matters shall be as follows:

(a) When crime is committed by means of printers matter other than a periodical the author if liable, provided that he has been named as the author of the matter. The author shall not be liable if the matter was published without his consent or if his name, pen-name, or pseudonym appeared therein against his wishes;

The question who the author is may be raised in legal proceedings concerning crimes committed through publications other than periodicals.

(b) if the author under sub-article (2)(a) of this Article is not liable for matter which includes or is intended to include contributions by several authors, and if a responsible editor had been nominated in a manner prescribed by law, the responsible editor shall be liable;

(c) in the case of printed matter other than printed matter under sub-article (2)(b) of this Article, the responsible editor shall be liable only if the author was dead at the time of publication. However, the responsible editor is not liable if his name, pseudonym, or pen-name appeared against his consent;

(d) the responsible editor of printed matter other than a periodical is taken to be the person who, without knowing the author, delivers it for printing and publication;

(e) if neither the author nor the responsible editor under sub-article (2)(a), (b) and (c) of this Article is liable, or if he was dead when the matter was published, the publisher is liable;

the publisher of printed matter other than a periodical is taken to be the person who has undertaken to print and publish the writings of another;

(f) if there is no publisher, or the identity of the publisher cannot be ascertained, the printer of the material is liable in lieu of the publisher;

(g) the provision of sub-article (2) (f) of this Article shall apply also in corresponding manner to the liability of a disseminator of printed matter other than a periodical.

(3) Liability for crimes committed through broadcasting media shall rest with the person in charge of the programme; failing him, the licensee shall be liable.

(4) If the person who would have been liable under Article 43(1), (2) or (3) at the time of publication has no known place of abode in Ethiopia, and if his present whereabouts cannot be ascertained in the prosecution of the case, liability shall pass to the person next liable after him.

(5) In determining the liability of a person under this Article for the crime committed through the product of mass media, the content of the matter shall be deemed to have been inserted, published or disseminated with his full knowledge and consent.

No proof to the contrary may be admitted in such a case.

Article 44- Special Criminal Liability of the Author, Originator, or Publisher.

(1) Without prejudice to the provisions of Article 43, any person who, by contributing as author, originator or publisher, to the product published or diffused through mass media, participates in the commission of crimes: armed rising or civil war (Art 240), treason (Art. 248-250), espionage (Art. 252) attempted incitement and assistance (Art. 255), provocation and preparation (Art. 257), crimes against humanity (Art. 269-274), incitement to disregard military order (Art. 332), disclosure of military secrets (Art. 336), breaches of military and official secrecy (Art. 396 and 397), inciting the public through false rumours (Art 486(b)), or the deliberate disregard for an obligation to maintain secrecy specified by law, shall be criminally liable.

(2) In such a case the provisions of this Code concerning participation shall apply to persons who committed the crime as a principal criminal, an instigator or an accomplice.

Article 45- Secrecy of the Identity of a Source.

(1) The editor or publisher of any publication, which is not periodical, may not be compelled to disclose the name or pen-name of the author.

(2) The publisher or editor of any publication may not be compelled to disclose the source of any matter printed in publication.

(3) Notwithstanding the provision of sub-article (2) of this Article, the Court may order the publisher or editor of the publication to disclose the source of information:

(a) where a crime is committed against the Constitutional Order, National Defence Force or security of the State constituting clear and imminent danger, or

(b) in the case of proceedings of a serious crime, where such source does not have any alternative and is decisive for the outcome of the case.

Article 46- Exclusion of Double Liability.

The punishment of one of the parties responsible in the order fixed by law shall exclude liability to punishment of the other parties for the same act.

However, no juridical person shall escape criminal liability either alone or jointly with any criminal listed in the order fixed by law.

Article 47- Immunity.

The author, publisher or diffuser of a true record or representation, which is correct in form, of public debates or acts of a legislative, administrative or judicial authority the diffusion of which is not expressly prohibited by law or by a specific decision shall not be liable to punishment.