Art. 8 of Law No. 5187 sets up a step-by-step process for an incomplete or untrue declaration. The periods are short and missing them has heavy consequences.
When Does It Apply?
The article lists two cases:
- The declaration and its annexes not containing the required or true information
- The owner of the publication, the representative or the responsible editor not meeting the conditions written in Arts. 5 and 6
The Periods
| Step | Period | Running from |
|---|---|---|
| The prosecutor's request to cure the deficiency | Two weeks | The filing of the declaration |
| Curing the deficiency / correction | Two weeks | The date of service of the request |
| The court's decision | Within two weeks at the latest | The request |
| Expedited objection | Against the decision | - |
Changes Are Subject to the Same Regime
The second paragraph imposes a duty as important as the first declaration: every change in the content of the declaration is notified to the same authority within two weeks, with the necessary documents, by a new declaration.
The third sentence is also clear: the provision of the first paragraph applies to declarations of change as well. So an incomplete declaration of change enters the same deficiency-suspension chain.
If the Responsible Editor Leaves
The final paragraph fills a gap: where the responsible editor leaves that post, responsibility rests with the owner of the publication or their representative until a new one is appointed.
A Different Outcome for Internet News Sites
The paragraph added by Law No. 7418 provides that the suspension sanction does not apply to internet news sites. For those sites the process runs as follows:
- The public prosecutor's office requests the internet news site, within two weeks, to cure the deficiency or correct the untrue information.
- If the request is not met 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.
What to Do
- Keep a copy of the declaration and its annexes, together with the receipt, permanently.
- Put changes of responsible editor, representative and address on a calendar - two weeks is a short period.
- Keep your service address current; under Art. 29 the place of management counts, for service purposes, as the place of residence of the owner, the representative and - for as long as the duty continues - the responsible editor.
- If a request is served on you, record the date; the second two-week period runs from it.
Summary
- For an incomplete or untrue declaration the prosecutor requests a correction within two weeks.
- If it is not made within two weeks, suspension is sought from the criminal court of first instance, which decides within two weeks at the latest.
- The same regime applies to declarations of change.
- For internet news sites the outcome is not suspension but a finding that the status has not been acquired.