B o l i v i a

2. SPECIFIC PRESS LAWS

The Printing Law of January 19, 19254 is still in effect, despite repeated attempts at substituting this legal instrument regarded as obsolete.

Article 1 of Law 494 of December 29, 1979, recognizes and institutes ?the profession of journalist throughout the national territory to those citizens who have obtained the pertinent academic degree at the Bolivian University.? 5 Article 6 creates the National Registry of Journalism, under the responsibility of the Ministry of Education, now Department of Education, where the degrees must be registered. 6

Article 1 of the Printing Law states, ?Every man has the right to publish his thought via the newspapers, without prior censorship, except for the restrictions established by the law.? 7

Article 2: ?The following persons are responsible for the violations of law committed by the press or any other means of expression of thought:

1. Those who sign as authors of a publication;

2. The directors of newspapers, magazines and periodical publications;

3. The editors. If those who are signing a publication as its authors are not the persons legally liable, or should they not have the solvency necessary to compensate for the offenses for which they are accused, it shall be the director, or in his absence, the editor who shall be liable. In their absence, and in all cases, the criminal or monetary liability shall be for those persons listed in Article 1, if they are not the same persons stated here. The liability of the mentioned persons is not jointly or severally but successive, and a specific order is established.? 8

Article 6: ?With respect to the criminal liability of this law and the effects of literary ownership, the directors of publications, or in their absence the editors, shall be responsible for the transcriptions. For those publications printed abroad, the responsibility falls on the persons who place them in circulation. 9

Article 7: ?There is no printing violation of law without a publication. A publication takes place when three or more samples of the printed matter have been distributed or have been read by five or more individuals, or it is sold, placed on a newsstand, left in an establishment, sent by mail or other similar cases.? 10

Article 1 of the Fundamental Laws of the Journalist states: ?Journalism is a profession of service to society; it enjoys the attribute of public trust and its exercise is guaranteed by the Political Constitution of the State and the laws in force.?11

Article 2: ?The Political Constitution of the State guarantees absolute freedom of speech, understood as the right for members of a society to express their opinion and to be informed, without any restrictions.?12

Article 3: ?The professional journalist may exercise the following functions:

In the newspaper: editor, co-editor, editor-in-chief, managing, editor, proofreader, and writer, graphic reporter and correspondent.

In television: director, assistant director, head of the news department, writer, reporter, news cameraman.

In radio: director, head of the news department, writer, reporter.

In other oral or written communication media or public relations offices: all those functions that imply the putting into practice of the journalistic profession.?13

Article 6: ?The journalist with his degree in national provision is fully authorized to practice as a professional journalist.?14

Article 7: ?The title of professional journalist in national provision is recognized to those who have obtained their academic degree in journalism or as a technician in Communication Sciences at the University, as well as to those persons who, due to their proven skills and years of experience in journalistic activities, request the granting of the degree, in accordance with the Fundamental Laws.?15

Article 8: ?The degrees earned at universities abroad shall be valid once they have been legally revalidated and in accordance with international treaties.? 16

Article 9: ?The rights recognized by the Political Constitution of the State are inherent to every journalist in Bolivia. Freedom of speech belongs to him in the highest degree since he has to exercise his functions in the communication and interpretation of national and world events. No one can restrict a journalist?s freedom of speech and information, under penalty of being accused of violating the constitutional rights.? 17

Article 10: ?The freedom of complete information belongs to the journalist and it gives him access to every source of information in order to communicate facts and events with no other restrictions than those established by the Printing Law of January 19, 1925.? 18

Article 11: ?The attributions or origin of the information shall be kept under the strictest professional secrecy, which may not be revealed except by court order and the application of Article 10 of the Printing Law of January 19, 1925.? 19

Article 12: ?The journalist has the right to earn sufficient remuneration to allow him to live with dignity.? 20

Article 13: ?Every journalist and his family has the right to social security services in the form and system provided by the General Labor Law of the Social Security and other laws and provisions regarding social security.? 21

Article 17: ?The journalist is obligated to be truthful, honest and impartial in the exercise of his profession, and must respect ethical standards in the performance of his duties.? 22

Article 18: ?The language used by the journalist in his writings, commentaries or information shall be restrained and exempt from obscenities, insults, libelous statements or words that are harmful to morality.? 23

Article 19: ?The journalist is obligated to support the information disclosed with authentic evidence that answers for its veracity.? 24

Article 20: ?No one may alter or hide news information in prejudice of the truth and collective interest. If it is done, the journalist may denounce this fact publicly, which shall not make him subject to dismissal or retaliation.? 25

Article 25: ?The job of graphic reporter is recognized within journalism, giving the title of Graphic Reporter in national provision in accordance with Law No. 494 of December 29, 1979.? 26

Article 26: ?The rights and obligations of the professional journalist are made extensive to the graphic reporter, whose activity is part of the profession of journalism in general.? 27

Article 27: ?No communication medium, whether newspaper, periodical, weekly, magazine, radio station, television channel or correspondent office of a news agencies, national or international, may have a member of staff performing assignments that are specifically journalistic in nature who does not have a professional degree and who is not registered with the National Registry of Journalists.? 28

Article 28: ?The advertising companies that are subsidiaries or agencies of international advertising companies with headquarters in Bolivia, and any other company dedicated to this type of activity, must be staffed with professional journalists in those special areas that demand such responsibility.? 29

Article 29: ?The persons responsible for public relations offices in autonomous or semi-autonomous government agencies preferably shall have a professional degree in public relations, journalism or social communication. The officials who perform journalistic functions in those posts must be professional journalists.? 30

Article 30: ?The students of journalism or communication who are authorized by their university may do internships in any communication medium for the period of time established for that purpose.? 31

Article 31: ?The practice of journalism is deemed unlawful when done by a person who does not have the degree in national provision.? 32

Article 32: ?The persons who call themselves journalists without complying with the pertinent legal requirements shall be sanctioned and prosecuted in accordance with the Penal and Criminal Procedure Codes.? 33

Article 34: ?Journalists are authorized to create their trade unions and professional associations, in accordance with the Political Constitution of the State, the General Labor Law and related provisions.? 34

Article 35: ?Journalists have the right to organize associations in accordance with the requirements of their profession, as long as they do not breach the principles and regulations of the basic institutions and this statute.? 35

Article 36: ?In accordance with Article 6 of Law 494, the National Registry of Journalists and Graphic Reporters shall be the responsibility of the Ministry of Education and Culture and shall be organized based on the degrees of national provision issued by the Executive Branch or the pertinent authority of the Bolivian University, whichever the case.? 36

Article 37: ?Every journalist who has a degree of national provision shall have the right to have the professional identity card, as established by Article 6 of Law 494 of December 29, 1979.? 37

Article 38: ?The Federation of Press Workers of Bolivia and the Association of Journalists shall create and deliver the shingle as symbol of the profession, to all the journalists who are registered in the National Registry and who have the professional identity card stated in Article 37.? 38

Article 39: ?A person shall be considered a journalist or graphic reporter only when he shows as evidence, in addition to his degree, his professional identity card and shingle, which shall be given only to those persons who have fulfilled the requirements of professional registration. Effective the day of approval of this statute, no company or communication medium may issue certificates or credentials that confer this title to any person.? 39

Article 40: ?The national or departmental identification organizations shall demand to see the degree in national provision or the professional identity card before inserting the designation ?journalist? as the profession of persons requesting an identification card or international passport. The official or officials who overlook this requirement shall be subject to the process of the law for aiding in the illegal practice of the profession.? 40

Article 41: ?The functions of editor, co-editor, assistant editor, chief of press, member of the editorial board and managing editor shall be performed by Bolivians in the full exercise of their rights as citizens. Exempt from this provision are the editors of foreign news agencies and publications in other languages which contain information that is exclusively international.?41

Article 42: ?The employer may contract the services of foreign professional journalists authorized in accordance with Article 33 of this statute and Article 30 of the General Labor Law. The international news agencies are not bound by this obligation.? 42

Article 43: ?For the coverage and broadcasting of local and national news, the media shall give priority to the work of their own editorial stations over that of the newswire services of foreign news agencies.? 43

Article 44: ?The performance of the journalistic functions is incompatible with the work in hierarchical functions in private and public institutions.? 44

Article 45: ?The work day of a journalist in national provision is the one established in his own accord and the General Labor Law. All overtime work as established by the law shall be considered under the system of extraordinary work, with the right to remuneration with a surcharge of one hundred per cent (100%).? 45

Article 46: ?Given the nature of the journalistic profession and the inherent risks, the employer shall contract life and accident insurance for his journalists on a permanent basis.? 46

Article 47: ?The newspaper, radio and television companies shall compute the annual vacation time of their journalists and applicants in accordance with the legal provisions in effect.

All the provisions contrary to this Supreme Decree shall be null and void.? 47

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