Page:Encyclopædia Britannica, Ninth Edition, v. 19.djvu/736

712 the lord advocate, but all proposed publications are sub mitted for approval to the body officially known as " Her Majesty s sole and only Master Printers in Scotland," con sisting of the lord advocate, the solicitor -general, the moderator of the general assembly, and four other mem bers. A licence is also required for printing Acts of parlia ment ; but a general licence granted in 1848 to a firm of printers in Edinburgh is still operative, and their publi cations are not submitted for approval. As its work is practically confined to Bibles and the other religious publi cations enumerated, the above-mentioned body commonly receives the name of the Bible Board. Ireland. This is the only part of the United Kingdom in which the press cannot be said to be free. The policy of successive Governments has generally been in favour of restrictions. By the Prevention of Crime Act, 1882 (45 and 46 Viet. c. 25), the lord-lieutenant was empowered to order the seizure of any newspaper appearing to contain matter inciting to the commission of treason or of any act of violence or intimidation ( 13). He may also by war rant direct the search for and seizure of any papers or documents suspected to be used or to be intended to be used for the purpose of or in connexion with any secret society existing for criminal purposes ( 14). United States. The constitutions of Pennsylvania, Delaware, Maryland, and North Carolina, all enacted in 1776, are interesting as containing the earliest declarations of any legislative authority in favour of the liberty of the press. The same principle was afterwards adopted in the constitution of the United States. By art. i. of the amended constitution, " Congress shall make no law . . . abridging the freedom of speech or of the press." Art. iv. secures against warrants for the seizure of papers, except on probable cause supported by oath or affirmation and particularly describing the thing to be seized. The constitution of Louisiana is that in which the right of liberty of the press is declared with the greatest minuteness. By art. vi. s. 21 of the constitution of that State, "Printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of the government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty." The Acts of Congress dealing with the press are not numerous, as each State has for the most part its own legislation on the subject, dealing generally with, among other matters, the registration of newspapers, the monopoly of the State printer, and the right of giving the truth in evidence in defence to proceedings for libel. The Act of 18th August 1856 forbids diplomatic or consular officers of the United States to correspond with any foreign news paper in regard to the affairs of a foreign state. The Act of 3d March 1873 prohibits the printing and circulation of obscene literature. By the Act of 23d June 1860 the congressional printer has, except where otherwise provided by law, the monopoly of printing for the Senate or House of Representatives and the executive and judicial depart ments. State prosecutions for seditious libel were not infrequent in the early years of the republic; examples will be found in Wharton s State Trials. Press Laws in the British Colonies and India. Colonies. IB the British colonies the press is as free as it is in England. Each colony has its special legislation on the subject for police and revenue purposes. Where there is a Government printer, his monopoly is protected by the Documentary Evidence Act, 1868 (31 and 32 Viet. c. 37), which imposes a maximum penalty of five years penal servitude upon any person printing a copy of any proclamation, order, or regulation which falsely pur ports to have been printed by the Government printer, or to be printed under the authority of the legislature of any British colony or possession. The Act is, however, subject to any law made by the colonial legislature. India. During the governor -generalship of Lord Lytton was passed the " Act for the better control of publications in Oriental languages," Act ix. of 1878. (1) By this Act copies of newspapers published out of British India are liable to forfeiture and seizure by warrant throughout the whole of British India if the papers " contain any words, signs, or visible representations likely to excite disaffection to the Government established by law in British India, or antipathy between any persons of different races, castes, religions, or sects in British India." The governor-general may, by noti fication in the Gazette of India, exclude newspapers, books, &c., from British India. (2) In places to which the Act is extended by order of the governor-general in council, a magistrate may require the printer arid publisher of a newspaper to enter into a bond, with a deposit, not to publish a newspaper containing "any words, signs," &c. (as in 1), or to use or attempt to use it for the purpose of extortion or threat. The consequences of offending are forfeiture of the deposit, papers, press, &c. Books used for the illegal purposes above-mentioned are subject to forfeiture, but no bond or deposit is required previous to publication of books, as in the case of newspapers. Foreign Press Laics. Liberty of the press is the rule in most European states. This liberty is in almost every case secured by a constitution or organic law, the earliest being those of Sweden and Spain in 1812. In some states there is a tax upon newspapers and advertisements ; in others, as in Sweden and Norway, there is none. In most states there is a Government official newspaper, and a Government printer, enjoying peculiar privileges. 1 Austria-Hungary. Restraints iipon the press were formerly very stringent, especially in the Italian provinces. Severe penalties against unlicensed printing were denounced by the penal code of 1808. For a second offence the offender was forbidden to deal in books. Private printing presses were forbidden under a fine of 500 florins. Inciting to emigration was one of the most remarkable press offences contained in this code. Two censors of the press were appointed in 1810. Booksellers were put under police supervision in Hungary in 1847. In 1848 the press became free for a time, until a restrictive law was again imposed in 1852. Strict censorship ceased in 1863. By the fundamental law concerning the rights of citizens, 21st December 1867, art. 13, every one has the right of freely ex pressing his thoughts by the press within the limits imposed by law. The press cannot be controlled by censorship, or restrained by the system of authorization. Administrative and postal inter diction is never to extend to matters printed in the realm. By the law of the same date on judicial authority, art. 11, press offences are to be tried by jury. The constitution of 1867 (on the basis of that proposed in 1848) secures liberty of the press in Hungary. Belgium. It was the prosecution of political writers by the Dutch Government that directly led to the independence of Belgium in 1830. By the Belgian constitution of 7th February 1831, art. 18, it is declared that the press is free, that censorship shall never again be established, that sureties cannot be exacted from writers, editors, or printers, and that when the author is known and domi ciled in Belgium the printer or bookseller cannot be prosecuted. By art. 98 press offences are to be tried by jury. The penal law of the press is contained in the decree of 20th July 1831, made perpetual in 1833. By this law it is made an offence, apart from the penal code, (1) to incite to the commission of a crime by placards or printed writings in a public meeting ; (2) to attack the obligatory force of the laws, or to incite to disobedience of them ; (3) to attack the constitutional authority or inviolability of the king, the constitu tional authority of the dynasty, or the authority and rights of the chambers. Every copy of a journal must bear the name of the printer and the indication of his domicile in Belgium. Proceedings for offences against the law must be taken in some cases within three months, in others within a j r ear. Brazil. By art. 179 of the constitution of 1824 every one is entitled to express his thoughts by words and writings and publish them in print without liability to censure, but he is answerable for abuses committed in the exercise of this right. (In most, if not all, of the Central and South American republics liberty of the press is one of the rights secured by the constitution. Thus in Chili it is secured by the constitution of 1833, in the Argentine Republic by that of 1860.) Denmark. Press offences were at one time punished with great severity. By the code of Christian V. (1683) libel was punished with infamy and hard labour for life, and, if against a magistrate, The writer wishes to take this opportunity of acknowledging the assistance rendered him by representatives of several foreign Govern

ments.