The position of a journalist working at the scene is not written in a single article; it emerges from the combination of several safeguards.
First Safeguard: Press Freedom
Art. 3 of Law No. 5187: the press is free. This freedom includes the rights to acquire and disseminate information, to criticise, to comment and to create works.
The second paragraph lists the grounds of limitation: the exercise of press freedom may be limited only in conformity with the requirements of a democratic society, for the protection of the reputation and rights of others, of public health and morals, of national security, public order, public safety and territorial integrity, for preventing the disclosure of State secrets or the commission of offences, and for securing the authority and impartiality of the judiciary.
Second Safeguard: Press Equipment
Art. 30 of the Constitution provides strong protection: a printing house and its annexes established as a press enterprise in accordance with the law, together with press equipment, may not be seized or confiscated, or prevented from operating, on the ground that they are instruments of crime.
Third Safeguard: The Source
Art. 12 of Law No. 5187: the owner of a periodical, the responsible editor and the author of the work cannot be compelled to disclose their news sources of any kind, including information and documents, or to give evidence on the matter.
Art. 22 of the Constitution is complementary: freedom of communication is fundamental, and the secrecy of communication may be interfered with only by a duly issued judicial decision, or, where delay is prejudicial, by the written order of an authority empowered by law; that decision is submitted for judicial approval within twenty-four hours and lapses of itself if not approved within forty-eight hours.
Fourth Safeguard: Obstruction Is an Offence
Art. 22 of Law No. 5187 punishes two acts:
| Act | Penalty |
|---|---|
| Destroying or damaging lawfully printed works with the aim of preventing their publication, distribution or sale | Imprisonment of up to one year and a heavy fine |
| Preventing by violence or threat the printing, publication, distribution or sale of periodicals and non-periodicals despite compliance with the conditions required by the Law | Imprisonment of up to two years |
Both provisions carry the qualification "where the act does not constitute a graver offence".
The Role of the Press Card
Art. 5 of the Press Card Regulation defines the card: an official identity document issued by the Directorate and to be accepted by all public and private institutions.
Under Art. 44 a press traffic card may be issued to press card holders on request; the facilities it provides are determined jointly by the Directorate and the Ministry of Interior.
The Limits on the Publication Side
Separate rules come into play when the footage and information gathered at the scene are published:
- Not disclosing identity - Art. 21 of Law No. 5187 punishes, in certain cases, publications disclosing the identities of victims and of offenders or victims under eighteen, or leading to their recognition.
- The prohibition on encouragement - Art. 20 of Law No. 5187 punishes writing and pictures exceeding the limits of reporting on sexual assault, murder and suicide and capable of encouraging readers to such acts.
- Reply and correction - Art. 14 of Law No. 5187; on internet news sites the period is one day.
We cover the filming of children in the child identification guide.
Hearings and Closed Sessions Are a Separate Area
The limits on recording and publication inside a courthouse are subject to separate provisions; we cover them in the courtroom recording guide and the closed hearing guide.
Summary
- A journalist's position at the scene is protected by a frame made up of the right to acquire information in Art. 3 of Law No. 5187, the press equipment protection in Art. 30 of the Constitution, the source safeguard in Art. 12, and the obstruction offence in Art. 22.
- Provisions specific to assemblies and demonstrations are in Law No. 2911, which is not in this article's source set.