Freedom of the Mass Media and Access to Information Proclamation No ...
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http://www.ethiopian-law.com/federal-laws/substantive-law-legislations...
clear and present grave danger to the national security which could not otherwise be averted through a subsequent
imposition of sanctions , may issue an order to impound the periodical.
3)
In cases of extreme emergency, where it is not possible to obtain a court order in time to prevent the harm, the
public prosecutor may order the periodical or the book to be impounded, provided that he shall notify a court of the order
within 48 hours and the court shall determine within 24 hours whether or not the prosecutors order shall be upheld.
4)
the court to which the an order to impound a periodical or a book issued by a public prosecutor, is submitted may:
a)
if it deems that periodical or the book contains unlawful matter that is likely to cause serious danger, uphold the
public prosecutors measure and order that criminal proceedings be instituted, or application for confiscation of the
printed matter be submitted, within two weeks from the date on which the court pronounced its decision. if the public
prosecution fails to take such action, the court shall revoke the order to seize the periodical or the book and bar its
dissemination
b)
if it deems that the content of a periodical or a book is lawful and not likely to cause any damage ,revoke the
impoundment order issued by the public prosecutor and may order the the release of the publication. Unless otherwise
the a stay of execution is issued by an appellate court the order shall be executed after the lapse of 72 hours.
5)
Once criminal proceedings have been instituted for offences committed through media periodical or a book or an
application is made to the court for a periodical or a book to be confiscated, the court shall have the power to order the
publication to be impounded and its further dissemination be barred, or revoke an order, that has been issued under sub
article 3 .
6)
If an offence has been committed by a mass media product and no one is liable under article 43 of the penal code
for the offence, the public prosecutor or the private complainant may apply to have the publication confiscated instead of
instituting criminal proceedings. The same applies if no summons can be served in Ethiopia on the person liable for the
offence.
7)
If the time referred to in sub article (4 ) is insufficient having regard to the nature of the impounded matter or for
any reasonable cause, the court may, on the request of the prosecution, permit an extension of the period up to two
weeks.
8)
An order for the impoundment of a periodical or book shall contain a statement indicating the offending passage
or passages in the publication which occasioned the order and shall specify the volume, part, issue, or installment in
which these passages occur.
9)
An order for the Impoundment of a periodical or book shall relate only to copies intended for dissemination. The
police shall execute an impoundment order forthwith.
10)
The prosecutor shall be legally liable for a malicious exercise his powers under this article
43. Manner of Instituting and Hearing Mass Media Related Cases
1)
Unless the attorney general decides otherwise any person who is suspected of committing an offence through the
mass media shall be brought before the court without being remanded for further investigation in accordance with Article
(59)/2) and /3) of the Criminal Procedure Code.
2)
The Court having jurisdiction over the case shall commence the hearing of the case within 15 days from the filing
of the charge.
3)
The court shall cause the accused person to obtain a copy of the charge, together with a copy of other evidences,
if any, at least five days before the commencement of the trial..
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10/01/2011 4:15 PM