Freedom of the Mass Media and Access to Information Proclamation No ...

19 of 23

http://www.ethiopian-law.com/federal-laws/substantive-law-legislations...

c)

Any reply shall be proportional, relevant to the report that has given rise to it and shall have a lawful content.

d)

if the report or information is disseminated during the election process, the time limit referred to in sub-article

(1)(a) and (b) shall be educed ,in the case of the three days limit to twenty four hours, in the case of fourteen days limit
to forty eight hours;
e)

the provisions of sub-article (1)(d) shall only apply when the reply is submitted to the mass media six hours before

the publication goes to print or the program on which it is to appear is on air .
2)

Any person whose right of reply is refused may apply to the court to compel the chief editor of the periodical or

program to insert the reply in the press.
3)
The court before which the application is lodged shall give its decision within ten days from the day the petition is
submitted to it however during election period the court shall pronounce its decision within twenty four hours
4)

The court may when the responsible person under Article 43 refuses to comply with its order to insert the reply

render him liable to punishment. .
5)

The provisions of this article shall not affect the provision of Article 2049 of the civil code.

6)
The provisions sub article (1) to (5) are applicable only if the request for insertion of a reply is made to the mass
media within three months from the day the report which has given rise to it was published or went on air.
7)
The provisions of this article shall mutatis mutandis apply to enforce the right of a person to correct any incorrectly
reported factual statement regarding him.

PART FIVE
Taking lawful erasures
41. liability
1)
The media establishment may incur joint criminal or civil liability with the responsible person under Article 41 of the
Penal Code for a criminal offence committed through the mass media or a civil damage caused by the media
2)
In an action for defamation through the mass media the court may award, having regard to the seriousness of the
moral damage, compensation up to 1000,000 birr having regard to the seriousness of the damage.
3)
In case of conflict between the provisions of the Penal Code and the provisions of this Proclamation under Part 5
and 6 the latter shall prevail
4)
A claim for damage caused by the mass media may be made even if the criminal prosecution under this
Proclamation is barred by the period of limitation or the prosecution is defeated.
42. Impounding
1)
Notwithstanding any contrary provision in any other law, no periodical or book shall be impounded except as
provided for in this article.
2)
where The Federal or Regional public prosecutor ,as the case may be , has sufficient reason to believe that a
periodical or a book which is about to be disseminated contains illegal matter which would, if disseminated, lead to a
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10/01/2011 4:15 PM

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