The Regulation ties this conduct directly to a criminal complaint, and its description is very concrete.
The Text
Art. 46 of the Press Card Regulation: where it is established that persons have produced a card resembling the press cards issued by the Directorate in typesetting, background, layout, shape and colour, or have used such cards, the Directorate files a criminal complaint with the public prosecutor's offices in respect of those persons.
The second sentence sharpens the sanction: "Until the investigation and/or prosecution has been definitively concluded, no press card is issued to such persons even if they meet the conditions set out in this Regulation, and their press cards, if any, are cancelled temporarily."
| Element | Content |
|---|---|
| Similarity criteria | Typesetting, background, layout, shape and colour |
| Conduct | Having produced a lookalike card, or having used such cards |
| Consequence | A criminal complaint filed by the Directorate with the public prosecutor's offices |
| Who decides | Whether an offence is made out is for the courts |
The Five Criteria
The similarity assessment runs on five elements:
- Typesetting - the arrangement of text on the card
- Background
- Layout - the placement of elements
- Shape - the form of the card
- Colour
Why Is the Card Protected This Heavily?
Art. 5 gives the card its legal character: press cards are official identity documents issued by the Directorate and to be accepted by all public and private institutions.
Art. 6/2 shows the security dimension: the shape, features, design, security elements, procurement, the methods used in personalising them, the information they carry and the method of delivery are determined by the Directorate.
Press Traffic Cards Are Covered Too
Subparagraph (c) speaks of "cards issued in connection with the press card". Under Art. 44 a press traffic card may be issued to press card holders on request; the procedures and principles for its issue, use, the facilities it provides and its withdrawal where necessary are determined jointly by the Directorate and the Ministry of Interior. Press traffic cards are not issued to foreign media members.
Characterising the Offence Is for the Courts
Summary
- Producing or using a card resembling an official press card in typesetting, background, layout, shape and colour triggers a criminal complaint by the Directorate.
- Until the process is definitively concluded, no card is issued and any existing card is cancelled temporarily.
- The press card is an official identity document, so its design and security elements are set and protected by the Directorate.