The answer to this question is written in the Constitution before it is written in the statute, and it is clear: no.
The Constitutional Prohibition
Art. 29 of the Constitution provides that publishing a periodical or non-periodical may not be made subject to prior permission or the deposit of financial security. The system is one of notification, not permission.
Art. 28 is to the same effect: the press is free and shall not be censored; establishing a printing house may not be made subject to prior permission or the deposit of financial security.
| Constitutional article | What it says |
|---|---|
| Art. 28 | The press is free and shall not be censored; a printing house may not be made subject to permission |
| Art. 29 | Periodical/non-periodical publication may not be made subject to prior permission or financial security |
| Art. 30 | Printing houses and press equipment may not be seized or confiscated, or prevented from operating, on the ground that they are instruments of crime |
| Art. 32 | The right of correction and reply |
Its Statutory Counterpart
Press Law No. 5187 applies this constitutional rule in Art. 7: for periodicals to be published, it is sufficient that a declaration be filed, in order to be recorded, with the public prosecutor's office of the place where the place of management is located.
Can the Prosecutor's Office Intervene at All?
It can, but not in the form of granting permission. Art. 8 sets up a mechanism for curing deficiencies:
- If the declaration and its annexes do not contain the required or true information, or if the owner, representative or responsible editor does not meet the conditions in Arts. 5 and 6, the prosecutor's office requests within two weeks that the deficiency be cured.
- If it is not cured within two weeks of service of that request, the prosecutor's office asks the criminal court of first instance to suspend publication.
- The court decides within two weeks at the latest. An expedited objection may be brought against that decision.
The Difference for Internet News Sites
The paragraph added by Law No. 7418 provides that the suspension sanction in Art. 8 does not apply to internet news sites. Instead, where a deficiency is not cured within two weeks, the prosecutor's office applies to the criminal court of first instance for a finding that the status of internet news site has not been acquired.
Radio and Television Are Different
We deal with the broadcasting side in how to start a radio station and the television licences guide.
Summary
- No permission or licence is taken for a newspaper, magazine or internet news site.
- Art. 29 of the Constitution prohibits it expressly and Art. 7 of Law No. 5187 treats a declaration as sufficient.
- The prosecutor's power is limited to having deficiencies cured; the suspension decision is made by a court and is open to objection.
- Radio and television are subject to licensing under Law No. 6112.