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See also:PRESS See also:LAWS
, the See also:laws concerning the licensing of books and the See also:liberty of expression in all products of the See also:printing-See also:press,
especially See also:newspapers
.
The liberty of the press has always been regarded by See also:modern See also:political writers as of supreme importance
.
" Give me liberty to know, to utter, and to argue freely according to See also:conscience, above all other liberties," says See also:Milton in the Areopagitica
.
At the See also:present See also:day the liberty of the press in See also:English-speaking countries is a See also:matter of merely See also:historical importance
.
But this liberty was a plant of slow growth
.
Before the invention of printing the See also:
There is an See also:ordinance as See also:early as 1382, 5 Ric
.
II. st
.
2, c
.
5 (not assented to by the See also:Commons, but appearing upon the parliament See also:roll), directed against unlicensed preachers
.
After the invention of printing the ecclesiastical censorship was still asserted, but only as See also:collateral with the censorial rights of the See also:Crown, claimed by virtue of its See also:general See also:prerogative
.
After the See also:Reformation the greater See also:part of the rights of censorship passed to the Crown, which at the same See also:time assumed the See also:power of granting by letters patent the right of printing or selling books as a See also:monopoly
.
The See also:
The search for unlicensed presses or publications was entrusted to an officer called the " messenger of the press." In 1637 was issued an order of the Star Chamber forbidding the importation of books printed abroad to the See also:scandal of See also:religion or the
' The principle of the censorship is still uncompromisingly maintained by the See also:Roman See also:Catholic Church; and this, though in general binding only in See also:faro conscientiae, has necessarily had considerable importance in states which recognize the papacy as an See also:independent power relations with which are established by See also:concordat
.
Thus in See also:Italy, under the Sardinian constitution of 1848, Bibles, catechisms and liturgical words had to be licensed by the See also:bishop
.
The principle of the censorship, consecrated anew in Pope See also:Pius IX.'s See also:Syllabus of 1864, was reaffirmed in the apostolic constitution Officiorum of See also:Leo XIII. and in 1907 in the encyclical Pascendi of Pius X
.
This last expresses " the highest esteem for this institution of censors " and orders censors to be appointed in all episcopal curias for the revision of books intended for publication, at the same time directing that their names shall not be made known to the authors of
the books condemned
.
(See also See also:INDEX LIBRORUM PROHIBITORUM.)Church or the government, and the printing of any See also:book not first lawfully licensed
.
Law books were to be licensed by one of the See also:chief justices or the chief See also:baron, books of See also:history and See also:state affairs by one of the secretaries of state, of See also:heraldry by the See also:earl See also:marshal, of divinity, See also:philosophy, See also:poetry and other subjects by the See also:archbishop of See also:Canterbury or the bishop of London, or the chancellors or See also:vice-chancellors of the universities
.
There were to be only twenty See also:master printers and four See also:letter-founders
.
The See also:punishment was at the discretion of the See also:court (See also:Rushworth, Historical Collections, vol. iii. app
.
306)
.
The same principle of press restriction was carried out by the Long Parliament after the abolition of the Star Chamber, and it was an ordinance of that See also:body issued in 1643 that called forth Milton's Areopagitica, a Speech for the Liberty of Unlicensed Printing, itself an unlicensed book
.
The parliament appointed committees for printing, who appointed licensers, but the licensing was really See also:left in a See also:great measure to the wardens of the Stationers' Company
.
At the Restoration Sir See also:
It was, no doubt, too, under the general prerogative that See also: In 1685 the Licensing Act was renewed for seven years (1 Jac . II. c . 8, § 15) . No mention of the liberty of the press was made in the See also:Bill of Rights . On the expiration of the Licensing Act in 1692 it was continued till the end of the existing session of parliament (4 & 5 Will. and Mary, c . 24, § 14) . In 1695 the Commons refused to renew it . The immediate effect of this was to See also:lay authors open to the attacks of See also:literary piracy, and in 1709 the first Copyright Act (8 See also:Anne, c . 1q) was enacted for their See also:protection . The power of a secretary of state to issue a warrant, whether general or See also:special, for the purpose of searching for and seizing the author of a libel or the libellous papers themselves—a power exercised by the Star Chamber and confirmed by the Licensing Act—was still asserted, and was not finally declared illegal until the See also:case of Entick v . See also:Carrington in 1765 (St . Tr. xix . 1030) . In 1776 the See also:House of Commons came to a See also:resolution in accordance with this decision . The compulsory See also:stamp See also:duty on newspapers was abandoned in 1855 (18 Vict. c . 27), the duty on See also:paper in 1861 (24 Vict . C . 20), the optional duty on newspapers in 1870 (33 & 34 Vict . C . 38) . From that time the English press maybe said to date its See also:complete freedom, which rests rather upon a constitutional than a legal See also:foundation . It is not confirmed by any See also:provision of the supreme legislative authority, as is the case in many countries . A See also:declaration in favour of the liberty of the press is usually a prominent feature in the written constitutions of See also:foreign states . The few existing restrictions on the liberty of the press are presumed to be imposed for the public benefit . They are in some cases of great historical See also:interest . The rights of private persons are in general sufficiently protected in one direction by the law of Libel (q.v.), in another by the law of Copyright (q.v.), while the criminal law provides for the cases of press offences against morality, public See also:justice, &c . Thus the courts have power to punish summarily as a contempt the publication of comments upon proceedings sub judice author of a libellous See also:writing against the king was punishable with death . It is scarcely necessary to say that since the See also:union the press of See also:Scotland has enjoyed no less liberty than that of England . In the case of Bibles, Old and New Testaments, See also:Psalm Books, the Book of Common See also:Prayer, the See also:Confession of Faith, and the Larger and Shorter Catechisms a licence for printing is still required . The licensing authority is the See also:lord See also:advocate, but all proposed publications are submitted for approval to the body officially known as " His See also:Majesty's See also:sole and only Master Printers in Scotland," consisting of the lord advocate, the See also:solicitor-general, the See also:moderator of the general See also:assembly, and four other members . A licence is also required for printing acts of parliament; but a general licence granted in 1848 to a See also:firm of printers in See also:Edinburgh is still operative, and their publications are not submitted. for approval . As its work is practically confined to Bibles and the other religious publications enumerated, the above-mentioned body commonly receives the name of the See also:Bible See also:Board . See also:Ireland.—By the Prevention of See also:Crime Act 1882 (45 & 46 Vict. c . 25), the lord-See also:lieutenant was empowered to order the seizure of any newspaper appearing to contain matter inciting to the See also:commission of See also:treason or of any act of violence or intimidation (§ 13) . He may also by warrant See also: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 See also:secret society existing for criminal purposes (§ 14) . The See also:British Dominions.—In the British colonies the press is as free as it is in England . Each See also:colony has its special legislation on the subject for See also:police and See also:revenue purposes . Where there is a government printer, his monopoly is protected by the Documentary See also:Evidence Act 1868 (31 & 32 Vict . C . 37), which imposes a maximum penalty of five years' penal See also:servitude upon any person printing a copy of any proclamation, order, or regulation which falsely purports to have been printed by the government printer, or to be printed under the authority of the legislature of any British colony or See also:possession . The act is, however, subject to any law made by the colonial legislature . See also:India.—During the See also:governor-generalship of Lord See also:Lytton was passed the " Act for the better control of publications in See also:Oriental See also:languages," Act ix. of 1878 . (1) By this act copies of newspapers published out of British India were liable to See also:forfeiture and seizure by warrant throughout the whole of British India if the papers contained 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 might by notification in the Gazette of India, exclude newspapers, books, &c., from British India . (2) In places to which the act was extended by order of the governor-general in See also:council a See also:magistrate might require the printer and publisher of a newspaper to enter into a See also:bond, with a See also:deposit, not to publish a newspaper containing " any words, signs," &c . (as in 1), or to use or See also:attempt to use it for the purpose of See also:extortion or See also:threat . The consequences of offending were forfeiture of the deposit, papers, press, &c . Books used for the illegal purposes above mentioned were subject to forfeiture, but no bond or deposit was required previous to publication of books, as in the case of See also:news-papers . This act, which remained in force until 1910, was found, owing principally to the restriction of its operation to newspapers published in the See also:vernacular, to be ineffective in See also:coping with the spread of news sheets exciting disaffection amongst the natives towards the government of India . It was consequently repealed and replaced by an act of See also:February 1910, which applies to all newspapers published after the act . The deposit requiring to be made is now obligatory on all new printing-presses, whether issuing a newspaper or not, and independently of the deposit on the newspaper . The requirement of a formal bond has been abolished . There are provisions for forfeiture of the deposit and See also:confiscation of the press on repetition of the offence . The 1910 act gives power to the authorities to open postal packets, other than letters, suspected of containing seditious matter, and requires the printer of a newspaper to deposit with the government two copies of each issue at the time of publication . It includes a long See also:list of offences incitement to which is punishable under the act, and in giving power to stop a seditious newspaper after conviction, and in fixing responsibility on the actual printers of seditious matter, has considerably strengthened the power of the law . See also:Egypt.—The press is subject to a special law (The Press Law of 1881) and to certain articles of the penal See also:code which define press offences and prescribe penalties (both fine and imprisonment) for them . Owing to the See also:capitulations, which are in force in Egypt as part of the See also:Ottoman See also:Empire, the penal code cannot be applied to foreign subjects, and its application had not (up to 1910) been found sufficient to repress abuses . The probable result of strengthening the law would be that conductors of native papers desirous of indulging in violent See also:language or See also:sedition would engage a foreign subject as nominal proprietor or editor and thereby See also:escape See also:local See also:jurisdiction . The Press Law of 1881 is a more powerful See also:instrument than the penal code, inasmuch as there are decisions of the mixed or reflections upon the conduct of judicial See also:officers . (See CONTEMPT offences were treated with the utmost severity .
By 1585, c
.
I. the of COURT.) The last relic of the censorship before publication is
to be found in the licensing of See also:stage plays
.
By 6 & 7 Vict. c
.
68 no new plays or additions to old plays can be acted for hire at any See also:theatre in Great See also:Britain until they have been submitted to the lord See also: 9) . The rights of the printers of the See also:journals of either house of parliament are protected by 8 & 9 Vict . C . 113 . The publication of See also:parliamentary debates in any form by any other persons than the printers of the journals of the two houses is still in theory a See also:breach of See also:privilege, but in practice they have been fully reported since 1771r The other restrictions upon the press are to a great extent those Imposed for police purposes . By 32 & 33 Vict. c . 24 (confirming in part previous enactments applying to Great Britain) the printer of any paper or book for profit'is required under penalties to print thereon his name and address or the name of a university press, and is to keep a copy of everything printed, with a few exceptions . Penalties must be sued for within three months, and no proceeding for penalties can be begun unless in the name of the See also:attorney-general or solicitor-general of England or the lord advocate of Scotland . By the News-paper Libel and See also:Registration Act 1881 (44 & 45 Vict. c . 6o), which applies to England and Ireland, but not to Scotland, newspaper proprietors are, except in the case of See also:joint-stock companies, to be registered and to make See also:annual returns of the See also:title of the newspaper and the names of all the proprietors, with their occupations, places of business and places of See also:residence . By the Corrupt Practices Prevention Acts 1883 and 1884 (46 & 47 Vict. c . 51, § 18, and 47 & 48 Vict. c . 70, § 14), the name and address of the printer must be printed on all bills, placards, &c., referring to a parliamentary or municipal See also:election . By 6 & 7 Vict. c . 68, § 7, the name and See also:place of See also:abode of a manager of a theatre are to be printed on every play-bill announcing a See also:representation at such theatre . Offences against decency by the press are provided for by 20 & 21 Vict. c . 83 ; 25 & 26 Viet. c . Io1, § 251 (for Scotland), and 2 & 3 Vict. c . 47, § 54 (for the See also:metropolis) . The importation of obscene literature into the See also:United See also:Kingdom is forbidden by 39 & 40 Vict. c . 36, § 42 . By the See also:Larceny Act 1861, any person who prints or publishes an See also:advertisement offering a See also:reward for the return of stolen goods without questions asked is subject to a penalty (24 & 25 Vict. c . 96, § 102) . This penalty cannot, however, be sued for without the See also:sanction of the attorney-general or solicitor-general of England or Ireland (33 & 34 Vict. c . 65) . The advertisement in the United Kingdom of foreign or illegal See also:lotteries is prohibited by 6 & 7 Will . IV. c . 66, betting advertisements by 16 & 17 Vict . C . 119, § 7, and 37 Vict. c . 15 . The right of an author or publisher to the full profits of his under-taking was at one time restricted by the Copyright Act of Anne (8 Anne, c . 19, § 4), by which the archbishop of Canterbury and other authorities were empowered to See also:lower the See also:price of a book upon complaint that the price was unreasonable . The only restriction of the See also:kind now existing is the See also:obligation of delivering (without See also:request) to the British Museum a copy of any work published within the United Kingdom, and of delivering (on request) copies for the use of the university See also:libraries at Oxford and Cambridge, the library of the faculty of See also:advocates at Edinburgh, and the library of Trinity See also:College, See also:Dublin (5 & 6 Vict. c . 45, §§ 6-10) . Scotland.—Printing became, as in England, a royal monopoly .
The exclusive right of printing was granted by See also: The monopoly of the king's printer does not extend to any See also:translation other than the Authorized Version, and not to that if it be accompanied by new notes or marginal readings . tribunals that that law is, in principle, applicable to foreigners . By this law registration of newspapers is obligatory, and the government has power of control, defined in See also:art . 13 as follows: " In the interests of public order, of religion or of morality, every newspaper cr periodical can be suspended or suppressed by order of the See also:minister of the interior after two warnings, or, without previous warning, by a decision of the council of ministers . Each warning may be accompanied by a fine of from £E5 to £E2o." If a newspaper or periodical which has been suppressed continues to appear, the responsible parties can be fined, and the printing-press which issues the suppressed publication can be closed by order of the minister of the interior . The See also:closure or seizure of the prihting-press would, however, in the case of a foreigner require the co-operation of his See also:consul . This law was from about 1900 allowed to fall into disuse . Owing to the excesses of the Arabic newspapers the law was revived in the early part of 1909, but was applied with great moderation . During the See also:year two native papers were warned and one was suppressed . The tribunals remained alone competent to inflict any penalty (apart from suppression and seizure of the printing-press) more severe than a fine of £E2o, and in 1909 under the penal code the editor of one native paper was sentenced to a year's imprisonment and the editor of another to three months' imprisonment . (See Sir See also:Eldon See also:Gorst's reports on Egypt for 1908 and 1909, specially Egypt No. i, 1909, PP . 3-5.) The United States.—The first constitutions of See also:Pennsylvania, See also:Delaware, See also:Maryland and See also:North Carolina, 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 after-wards adopted in the constitution of the United States . The acts of See also: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 the 18th of See also:August 1856 forbids See also:diplomatic or consular officers of the United States to correspond with any foreign newspaper in regard to the affairs of a foreign state . The act of the 3rd of March 1873 prohibits the printing and circulation of obscene literature . Legislation by Congress has provided that all printing (unless otherwise ordered by law) for the See also:Senate and House of Representatives and the executive and judicial departments, shall be done by the government printer . See also:Austria-See also:Hungary.—In the See also:Austrian Empire, which from 18o4 to 1867 embraced Hungary also, the press laws under Metternich's regime were extremely severe . By the penal code of 1808 all printing had to be licensed, under heavy penalties, and in 18 to two censors were appointed . In See also:short, the press had no See also:shadow of liberty . During the revolution of 1848–1849 the principle of the freedom of the press was established, but the censorship was restored in 1852 and not abolished until 1863 . The actual press laws of Austria'are based on the press law of the 17th of See also:December 1862 as modified by later supplementary enactments . In principle the freedom of the press was secured by art . 13 of the constitution of the 21st of December 1867 . 
In practice, however, it was still restricted by the obligation on newspaper proprietors to deposit " caution See also:money " (Kautionszwang) with the authorities, and the retention of the government stamp on newspapers . The caution money was abolished by a press law of the 9th of See also:July 1894, and the stamp by that of the 27th of December 1899: The police, however, still have the right, either on their own initiative or under the instructions of the public prosecutor (Staatsanwalt), " provisioAlly " to confiscate printed matter which in their opinion offends against the terms of the press law or is contrary to the public interest . The public prosecutor has, within eight days, to justify this See also:action in court, either by proceeding against those responsible for the publication, or by proving the published matter is offensive and ought to be suppressed . This latter " See also:objective " See also:procedure (objektives Verfahren) is See also:peculiar to Austria and obviously places vast powers of control in the hands of the authorities . In 1902 the government introduced a bill greatly modifying these and other provisions of the press law in a liberal sense, but the bill was postponed to more urgent matters . In Hungary the liberty of the press was secured by art . 18 of the constitution of 1848, which was restored in 1867 . Under this the censorship was abolished; but, in addition to provision for the cases of libel, incitement to violence and crime, &c., the law also provided penalties for certain political press offences (§§ 6-8), i.e. attacks on the king or members of his See also:family, incitements to (a) the See also:dissolution of the territorial unity of the state or of the dynastic See also:link with Austria; (b) the forcible alteration of the constitution; (c) disobedience to lawful authorities; (d) commission of crime . Press offences are tried by special |