Chapter 8. Liability rules
Part 1. On liability for periodicals
Article 1
Liability under penal law for an offence against the freedom of the press committed by means of a periodical lies with the person notified as responsible editor at the time when the periodical was published.
If a deputy had been notified and was acting as responsible editor, the deputy is liable.
Article 2
If no certificate of no legal impediment to publication existed at the time when the periodical was published, or if the responsible editor liable under Article 1, paragraph one, was no longer qualified, or his or her appointment as responsible editor had otherwise been terminated, the owner is liable.
The owner is likewise liable in a case in which the responsible editor was appointed for appearance’s sake, or was otherwise manifestly not in possession of the powers stipulated in Chapter 5, Article 3, at the time when the periodical was published.
If a deputy acting as responsible editor was no longer qualified at the time when the periodical was published, or if his or her appointment had otherwise been terminated, or if a circumstance specified in paragraph two applied in respect of the deputy, the responsible editor is liable.
Article 3
If it is impossible to establish the identity of the owner at the time when the periodical was published, the printer is liable in place of the owner.
Article 4
If a person disseminates a periodical which lacks information concerning the name of the printer, or if such information is known to the disseminator to be incorrect and the identity of the printer cannot be ascertained, the disseminator is liable in place of the printer.
Part 2. On liability for non-periodical printed matter
Article 5
Liability under penal law for an offence against the freedom of the press committed by means of non-periodical printed matter lies with the author, if he or she has been identified as the author of the printed matter in the manner prescribed in Chapter 3, Article 2. The author is not, however, liable if the matter was published without his or her consent, or if his or her name, pseudonym, or pen-name appeared therein against his or her will.
Article 6
If an author is not liable under Article 5 for matter which includes or is intended to include contributions from several authors, and if a particular editor has been identified in the manner prescribed in Chapter 3, Article 2, the editor is liable.
In the case of printed matter other than printed matter under paragraph one, the editor is liable only if the author was deceased when the matter was published.
The editor is not liable if his or her name, pseudonym, or pen-name appeared on the matter against his or her will.
The editor of non-periodical printed matter is understood to be the person who, without being the author, delivers the matter for printing and publication.
Article 7
If neither the author nor the editor is liable under Article 5 or 6, or if, when the matter was published, he or she was deceased, the publisher is liable.
The publisher of non-periodical printed matter is understood to be the person who has undertaken to print and publish the writings of another.
Article 8
If there was no publisher, or if the identity of the publisher cannot be ascertained, the printer is liable in place of the publisher.
Article 9
The provisions of Article 4 apply in a similar manner to the liability of a disseminator of non-periodical printed matter.
Part 3. Provisions applying to all printed matter
Article 10
If the person who would have been liable under Article 2, 5, 6 or 7 at the time of publication of the printed matter has no known place of domicile within the Realm, and if his or her current whereabouts within the Realm cannot be ascertained in the case, liability shall pass to the person liable next thereafter, but not to the editor of non-periodical printed matter other than in a case under Article 6, paragraph one, or to a disseminator.
The same applies if a circumstance pertained in respect of the person liable under Article 1, 2, 5, 6 or 7 which according to law excluded criminal responsibility, and if the person liable next thereafter was aware of, or should have been aware of, the circumstance.
Article 11
A circumstance which would result in the liability under this Chapter of a person other than the defendant shall be taken into consideration only if the circumstance was adduced prior to the main hearing.
Article 12
In determining the liability of a person responsible for printed matter under this Chapter, the content of the matter shall be deemed to have been inserted with the knowledge and consent of the person concerned.
