Even if a piece of news constitutes an offence, what happens to the machine on which it was printed? Article 30 answers that question in a single sentence.
The Full Text of the Article
Article 30 (Amended: 7/5/2004-5170/4) - A printing house and its annexes and press equipment established as a press enterprise in conformity with the law may not be confiscated or forfeited, or barred from operation, on the ground that they are instruments of an offence.
Taking the Article Apart
| Element | Content |
|---|---|
| What is protected | The printing house, its annexes and press equipment |
| The condition | Having been established as a press enterprise in conformity with the law |
| The prohibited ground | The ground that they are instruments of an offence |
| The prohibited measures | Confiscation, forfeiture, barring from operation |
The 2004 Amendment
Its Distinction from Art. 28
| Issue | Art. 28 - The publication | Art. 30 - The equipment |
|---|---|---|
| What does it concern? | A periodical or non-periodical | The printing house, its annexes and press equipment |
| Seizure / confiscation | Possible - a judge's decision or the order of the competent authority (the 24/48-hour rule) | Not possible on the ground that they are instruments of an offence |
| Closure | Temporary, by court decision in the event of conviction | Barring from operation is prohibited |
| General provisions on confiscation and forfeiture | Apply - on account of the investigation or prosecution of an offence | - |
We cover the full text of Art. 28 in the Art. 28 guide.
The "Established in Conformity with the Law" Condition
We cover the declaration, imprint and responsible editor obligations in the starting a publication guide.
Its Relationship with the Printing House Legislation
The notification and registration regime for printing houses is governed by a separate law. That regime gives concrete form to the "established in conformity with the law" condition in Art. 30. We cover the detail in the ancillary legislation map.
Summary
Art. 30 of the Constitution prohibits the confiscation and forfeiture, or the barring from operation, of a printing house, its annexes and press equipment established as a press enterprise in conformity with the law, on the ground that they are instruments of an offence. The article took its present form in 2004 by Law No. 5170. Measures relating to the publication itself, by contrast, are subject to Art. 28.