The Press Card Regulation makes this conduct a ground for cancellation outright. Art. 38/1-c: where it is established that the press card, or a card issued in connection with it, has been let out for use by someone else, the card is cancelled by the Directorate.
What Are "Cards Issued in Connection with the Card"?
The subparagraph covers not only the press card but also cards issued in connection with it. The chief example is the press traffic card: under Art. 44 a press traffic card may be issued to press card holders on request.
Cancellation Is Made Directly by the Directorate
No Commission decision is required in this case; the Directorate cancels directly. The Commission comes in only where there has been a breach of the press ethics principles (Art. 38/2).
Reapplying
The final sentence of Art. 38/1 gives the general rule: once the grounds of cancellation have disappeared, the person seeking a press card must apply afresh.
No one-year waiting period under Art. 38/4 is provided for this case; that period runs only for cancellation on account of a breach of press ethics principles.
Producing a Lookalike Card: A Criminal Complaint
Art. 46 governs a graver case. 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:
- A criminal complaint is filed by the Directorate with the public prosecutor's offices
- Until the investigation and/or prosecution is definitively concluded, no press card is issued to such persons even if they meet the conditions in the Regulation
- Their press cards, if any, are cancelled temporarily
| Act | Consequence | Article |
|---|---|---|
| Letting someone else use the card | The card is cancelled by the Directorate | Art. 38/1-c |
| Producing or using a lookalike card | Criminal complaint + temporary cancellation + no card until the process ends | Art. 46 |
Why So Strict?
Art. 5 fixes the character of the card: a press card is an official identity document to be accepted by all public and private institutions. Letting another person use it means an official identity document being used by someone else.
The Link with the Return Duty
Under Art. 37 the card is returned within one month on leaving a job, on a change of workplace or title and on cancellation, and no new application is processed until the old card has been returned. Running the return process closes off the risks that arise from a card staying in circulation.
Summary
- Letting someone else use a press card - or a card issued in connection with it, such as a press traffic card - results in cancellation by the Directorate.
- No Commission decision is required.
- A fresh application may be made once the ground has disappeared; there is no one-year waiting period here.
- Producing or using a lookalike card leads to a criminal complaint and temporary cancellation.