A newspaper has been printed but the distributor will not carry it - is that possible? Article 23 says no and lays down a heavy sanction.
The First Paragraph: The Duty to Distribute
Persons carrying out the distribution of periodicals are obliged to distribute the publications whose distribution is requested of them, for a price not exceeding the distribution charge determined according to the sale price, circulation and number of pages that they take for the other publications they distribute.
| Element | Content |
|---|---|
| Who | Persons carrying out the distribution of periodicals |
| Obligation | To distribute the publications whose distribution is requested of them |
| Criterion of the price | A price not exceeding the distribution charge determined according to the sale price, circulation and number of pages that they take for other publications |
The Sanction: Tenfold
The Second Paragraph: The Freedom of the Retailer
Natural or legal persons offering periodicals for retail sale may agree with as many distribution companies as they wish at the same time and sell whichever publications they wish. No one may impose on those persons an obligation not to sell competing publications, and may not enter into undertakings conditional on, or that will produce the result of, not selling those publications.
| Freedom | Content |
|---|---|
| Multiple agreements | Agreeing with as many distribution companies as they wish at the same time |
| Choice of product | Selling whichever publications they wish |
| Prohibition 1 | No one may impose on retailers an obligation not to sell competing publications |
| Prohibition 2 | No undertakings conditional on, or that will produce the result of, not selling those publications |
Its Relationship with the Offence of Obstruction - Art. 22
Art. 22/2: a person who, although the conditions required by the Law have been complied with, obstructs by violence or threat the printing, publication, distribution or sale of periodicals and non-periodicals is punished by imprisonment of up to two years and a fine.
| Art. 23 | Art. 22 | |
|---|---|---|
| Offender | The distributor - acting contrary to the obligation | Anyone |
| Act | Avoiding distribution | Obstructing by violence or threat |
| Penalty | A heavy fine of ten times the total price of the publication | Imprisonment of up to two years + a fine |
We cover the detail in the obstruction guide.
Do Not Confuse It with Seizure and a Distribution Ban
The Constitutional Ground
Art. 29/3 of the Constitution: the law may not impose political, economic, financial and technical conditions that impede or make difficult the free publication of news, thoughts and opinions. Art. 23 of Law No. 5187 gives concrete form to that principle as regards the distribution chain.
We cover the detail in the Art. 29 guide.
Summary
Under Art. 23 of Law No. 5187 distributors are obliged to distribute the publications whose distribution is requested of them for a price not exceeding the distribution charge they take for other publications; in the event of a breach a heavy fine of ten times the total price of the publication whose distribution they avoided is applied. Retailers may agree with as many distribution companies as they wish and no one may impose on them an obligation not to sell competing publications.