The short answer: your right to publish is suspended and the time you lose is not compensated. Article 101 of the Regulation on Official Announcements and Advertisements attaches that consequence expressly; and if the obstruction leads to a final conviction the right ends altogether.
What the article says
Article 101 is a single paragraph bringing two consequences together: the right to publish of a newspaper or online news site that obstructs the inspections to be carried out by inspection boards is suspended. Even where, upon the application of that publication, an inspection is carried out and the resumption of the right is decided, no compensation is applied in respect of the period during which the right was suspended.
| Consequence | Explanation |
|---|---|
| Suspension of the right | No official announcements are given during the suspension (Art. 110(1)) |
| No compensation | Even if the right resumes, the announcements of the suspension period are not made up |
A final conviction: the right ends
Article 113(1)(ğ) provides a heavier consequence: where the act of obstruction leads to a conviction by a final judicial decision, the right to publish of the newspaper or online news site obstructing the inspection carried out by the inspection boards ends.
Obstruction therefore has a two-layer consequence: at the administrative level suspension and loss of compensation; at the judicial level, in the event of conviction, the complete end of the right. All the grounds of termination are covered in the loss of right guide.
What does “obstruction” mean?
The Regulation does not enumerate obstruction; but its scope becomes clear when read together with the obligations in Articles 95 and 99. Inspection boards are empowered to examine the roster, printing, distribution, sales and archive; to carry out on-site examinations at printing houses, distribution undertakings and newsagents; and to obtain information and documents from third parties.
Article 99 requires not merely keeping documents but taking the measures ensuring those documents and the information relating to them can be obtained. That wording matters: failing to provide access to a document also produces a deficiency.
Getting the right back
The process after suspension is regulated in Article 111: an examination is made upon a signed application stating that the breach has been removed; where considered necessary, an inspection board may be constituted and an inspection ordered. In that case the publication is liable to pay the inspection expenses under Article 96 from notification of the inspection decision.
If the breach is found to have been remedied, the right to publish resumes with effect from the date the breach was remedied. But, as noted above, in cases of obstruction no compensation is applied for the period of suspension.
The right route: objecting
If you object to the procedure or the outcome of an inspection, the route is to object rather than to obstruct. Article 104 recognises three separate grounds of objection: to the constitution of the inspection board in point of procedure, to the content of the reports it draws up, and to the decisions to be taken on the basis of those reports.
Under Article 105 a fresh inspection may be carried out by another inspection board within 20 days upon such an objection. An objection can therefore produce a real result; obstruction produces only loss.
The objection procedure is covered in the objection guide.
Conclusion
Obstructing an inspection leads to suspension of the right to publish, and in that breach the right to compensation also falls away — the announcements lost during the suspension do not come back. If the act of obstruction leads to a final conviction the right ends altogether.
If you object to an inspection the route is clear: the objection procedure in Articles 104 and 105 allows a fresh inspection by another board where necessary.